cfr_sections
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1,413 rows where agency = "RUS" sorted by section_id
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| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:11.1.2.1.1.1.1.1 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | A | Subpart A—General | § 1700.1 General. | RUS | [63 FR 16085, Apr. 2, 1998, as amended at 84 FR 59920, Nov. 7, 2019] | (a) The Rural Electrification Administration (REA) was established by Executive Order No. 7037 on May 11, 1935. Statutory authority was provided by the Rural Electrification Act of 1936 (RE Act) (7 U.S.C. 901). The RE Act established REA as a lending agency with responsibility for developing a program for rural electrification. (b) The Secretary of Agriculture (Secretary) established the Rural Utilities Service (RUS) on October 20, 1994, pursuant to the Department of Agriculture Reorganization Act of 1994, (7 U.S.C. 6941 et. seq. ). RUS was assigned responsibility for administering electric and telecommunications loan and loan guarantee programs previously administered by REA, including water and waste loans and grants previously administered by the Rural Development Administration, along with other functions as the Secretary determined appropriate. The rights, interests, obligations, duties, and contracts previously vested in REA were transferred to, and vested in RUS. | ||||
| 7:7:11.1.2.1.1.1.1.2 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | A | Subpart A—General | § 1700.2 Availability of information. | RUS | [63 FR 16085, Apr. 2, 1998, as amended at 71 FR 8435, Feb. 17, 2006] | (a) The offices of RUS are located in the South Building of the United States Department of Agriculture at 1400 Independence Avenue, SW, Washington, DC 20250-1500. Hours of operation are from 8:15 AM to 4:45 PM, Eastern time on Federal Government business days. (b) Information about RUS is available for public inspection and copying as required by the Freedom of Information Act, 5 U.S.C. 552 et seq. Information about availability and costs of agency publications and other agency materials is available from the Director, Program Development and Regulatory Analysis, Rural Utilities Service, United States Department of Agriculture, Room 5159-S, 1400 Independence Avenue, SW., STOP 1530, Washington, DC 20250-1530. Phone 202-720-9450. FAX 202-720-8435. (c) RUS issues indexes of publications in conformance with the Freedom of Information Act and Department of Agriculture regulations at 7 CFR part 1. Many RUS documents, including regulations and delegations of authority for headquarters and field staff are available on the world wide web at http://www.usda.gov/rus. | ||||
| 7:7:11.1.2.1.1.1.1.3 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | A | Subpart A—General | § 1700.3 Requests under the Freedom of Information Act. | RUS | [71 FR 8435, Feb. 17, 2006] | Department of Agriculture procedures for requests for records under the Freedom of Information Act are found at 7 CFR part 1. Requests must be in writing and may be submitted in person or by mail to United States Department of Agriculture, Rural Utilities Service, Room 5159-S, 1400 Independence Avenue, SW., STOP 1530, Washington, DC 20250-1530; or by FAX to 202-401-1977. As set forth in 7 CFR 1.16, fees may be charged for processing of requests for records. An appeal of the agency determination concerning the request for official records shall be made in writing to the Administrator, Rural Utilities Service, United States Department of Agriculture, Room 5135-S, 1400 Independence Avenue, SW., STOP 1510, Washington, DC 20250-1510. | ||||
| 7:7:11.1.2.1.1.1.1.4 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | A | Subpart A—General | § 1700.4 Public comments on proposed rules. | RUS | [71 FR 8435, Feb. 17, 2006] | RUS requires that all persons submitting comments to a proposed rule or other document published by the agency in the Federal Register, submit comments as specified in the published notice. Copies of comments submitted are available to the public in conformance with 7 CFR part 1. | ||||
| 7:7:11.1.2.1.1.1.1.5 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | A | Subpart A—General | §§ 1700.5-1700.24 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.1.2.1.1 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | § 1700.25 Office of the Administrator. | RUS | [79 FR 44117, July 30, 2014, as amended at 84 FR 59920, Nov. 7, 2019] | The Administrator of the Rural Utilities Service (RUS) is appointed by the President. The Under Secretary, Rural Development delegated to the Administrator, in 7 CFR part 2, responsibility for administering the programs and activities of RUS. The Administrator is aided directly by Deputy Administrators and by Assistant Administrators for the electric program, telecommunications program, the water and environmental programs, and program accounting and regulatory analysis, and by other staff offices. The work of the agency is carried out as described in this part. | ||||
| 7:7:11.1.2.1.1.2.1.10 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | § 1700.34 Assistance to High Energy Cost Rural Communities. | RUS | [70 FR 5351, Feb. 2, 2005. Redesignated at 71 FR 8436, Feb. 17, 2006] | RUS, through the Electric Program, makes grants and loans to assist high energy cost rural communities. The Assistant Administrator, Electric Program, directs and coordinates the assistance to high energy cost rural communities program and serves as the primary point of contact for applicants, grantees, and borrowers. | ||||
| 7:7:11.1.2.1.1.2.1.11 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | §§ 1700.35-1700.49 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.1.2.1.2 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | § 1700.26 Deputy Administrator. | RUS | [79 FR 44117, July 30, 2014] | The Deputy Administrator aids and assists the Administrator. The Deputy Administrator provides overall policy direction to all RUS programs. The Deputy Administrator reviews agency policies and, as necessary, implements changes and participates with the Administrator and other officials in planning and formulating the programs and activities of the agency, including the making and servicing of loans and grants. | ||||
| 7:7:11.1.2.1.1.2.1.3 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | § 1700.27 Chief of Staff. | RUS | [71 FR 8436, Feb. 17, 2006] | The Chief of Staff aids and assists the Administrator and the Deputy Administrator. The Chief of Staff advises the Administrator regarding policy initiatives and operational issues and assists the Administrator and the Deputy Administrator in developing and planning agency program initiatives. The Chief of Staff is responsible for implementation of overall policy initiatives and provides direction to all RUS programs. | ||||
| 7:7:11.1.2.1.1.2.1.4 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | § 1700.28 Electric Program. | RUS | [63 FR 16085, Apr. 2, 1998. Redesignated at 71 FR 8436, Feb. 17, 2006] | RUS, through the Electric Program, makes loans and loan guarantees for rural electrification and the furnishing of electric service to persons in rural areas. (a) The Assistant Administrator, Electric Program, directs and coordinates the rural electrification programs, participating with the Administrator, and others, in planning and formulating the programs and activities of the agency, and performs other activities as the Administrator may prescribe from time to time. (b) Primary point of contact with borrowers. Two regional divisions, one for the Northern Region and one for the Southern Region, are the primary points of contact between RUS and its electric distribution borrowers. Each office administers the rural electric program for its assigned geographical area through headquarters staff and general field representatives. The Power Supply Division is the primary point of contact between RUS and its electric power supply borrowers. (c) Staff office. The Electric Staff Division is responsible for engineering aspects of RUS' standards, specifications and other requirements for design, construction, and technical operation and maintenance of RUS borrowers' electric systems. The Electric Staff Division oversees the activities of Technical Standards Committees “A” and “B”, Electric, which determine whether engineering specifications, drawings, material and equipment are acceptable for use in RUS borrowers' electric systems. The Office of the Assistant Administrator prepares analyses of loan making activities and the business and regulatory environment of RUS borrowers and recommends policies and procedures. | ||||
| 7:7:11.1.2.1.1.2.1.5 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | § 1700.29 Telecommunications Program. | RUS | [63 FR 16085, Apr. 2, 1998; 63 FR 18307, Apr. 15, 1998. Redesignated at 71 FR 8436, Feb. 17, 2006, as amended at 84 FR 59920, Nov. 7, 2019] | RUS, through the Telecommunications Program, make loans and loan guarantees to furnish and improve telecommunications service in rural areas. (a) The Assistant Administrator, Telecommunications Program, directs and coordinates the rural telecommunications programs, including the distance learning and telemedicine program, and in conjunction with the Administrator and Deputy Administrator, and others, the planning and formulating of programs and activities of the agency, and performs other activities as the Administrator may prescribe from time to time. (b) Primary point of contact with borrowers. Area offices are the primary points of contact between RUS and all telecommunications program borrowers. Each office administers the rural telecommunications program for its assigned geographical area with assistance of field representatives located in areas assigned to them. (c) Staff offices. The Telecommunications Staff Division is responsible for engineering aspects of design, construction, and technical operation and maintenance of rural telecommunications systems and facilities, including the activities of Technical Standards Committees “A” and “B”, Telecommunications, which determine whether engineering specifications, drawings, material, and equipment are acceptable for use in RUS financed telecommunications systems. The Advanced Telecommunications Services office prepares analyses of loan making activities and the business and regulatory environment of RUS borrowers and recommends policies and procedures. | ||||
| 7:7:11.1.2.1.1.2.1.6 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | § 1700.30 Water and Environmental Programs. | RUS | [63 FR 16085, Apr. 2, 1998. Redesignated at 71 FR 8436, Feb. 17, 2006] | RUS, through the Water and Environmental Programs, provides loan and grant funds for water and waste disposal projects serving the most financially needy rural communities. (a) The Assistant Administrator, Water and Environmental Programs, develops and institutes plans, procedures, and policies for the effective, efficient, and orderly management of Water and Environmental Programs responsibilities; provides leadership to ensure execution of policies and procedures by the Water and Waste Disposal programs and support functions; and performs other activities as the Administrator or Deputy Administrator may prescribe from time to time. (b) Primary point of contact. The State Rural Development Offices are the primary points of contact between RUS and loan and grant recipients. (c) The Engineering and Environmental Staff is responsible for engineering staff activities at all stages of Water and Waste Disposal programs implementation, including review of preliminary engineering plans and specifications, procurement practices, contract awards, construction monitoring, and system operation and maintenance. This staff develops agency engineering practices, policies, guidelines, and technical data relating to the construction and operation of water and waste disposal systems, and for implementing the National Environmental Policy Act, and other environmental requirements as they apply to all agency programs and activities. | ||||
| 7:7:11.1.2.1.1.2.1.7 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | § 1700.31 Distance Learning and Telemedicine Loan and Grant Program. | RUS | [63 FR 16085, Apr. 2, 1998; 63 FR 18307, Apr. 15, 1998. Redesignated at 71 FR 8436, Feb. 17, 2006] | RUS, through the Telecommunications Program, makes grants and loans to furnish and improve telemedicine services and distance learning services in rural areas. (a) The Assistant Administrator, Telecommunications Program, directs and coordinates the distance learning and telemedicine program. (b) Primary point of contact with borrowers. The area offices, described in § 1700.28(b) support the distance learning and telemedicine program. Each office administers the distance learning and telemedicine program for its assigned geographical area with assistance of field representatives located in areas assigned to them. | ||||
| 7:7:11.1.2.1.1.2.1.8 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | § 1700.32 Program Accounting and Regulatory Analysis. | RUS | [63 FR 16085, Apr. 2, 1998. Redesignated at 71 FR 8436, Feb. 17, 2006] | RUS, through Program Accounting and Regulatory Analysis, monitors and administers applicable regulations, RUS policy, and accounting requirements. The staffs assist the Assistant Administrator with respect to management, information systems, budgets, and other such matters. (a) The Assistant Administrator, Program Accounting and Regulatory Analysis, directs and coordinates program accounting and financial services with respect to electric and telecommunications borrowers and directs and coordinates the regulatory actions of the agency. (b) This division monitors borrowers' accounting operations in order to ensure compliance with applicable statutory and regulatory requirements and with the requirements of the Office of Management and Budget. (c) The two regional branches (the Northern Region and the Southern Region) work directly with borrowers. Each regional office has a staff of headquarters and field accountants. The Technical Accounting and Auditing Staff monitors industry developments, including the standards of the Financial Accounting Standards Board, and recommends Agency policies and procedures. (d) Program Development and Regulatory Analysis directs and administers the preparation, clearance, processing, and distribution of RUS submissions to the Office of the Federal Register in the form of proposed and final rules and notices and RUS bulletins and staff instructions. | ||||
| 7:7:11.1.2.1.1.2.1.9 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | B | Subpart B—Agency Organization and Functions | § 1700.33 Financial Services Staff. | RUS | [63 FR 16085, Apr. 2, 1998. Redesignated at 71 FR 8436, Feb. 17, 2006] | The Financial Services Staff evaluates the financial condition of financially troubled borrowers in order to protect the Government's interests. | ||||
| 7:7:11.1.2.1.1.3.1.1 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | C | Subpart C—Loan and Grant Approval Authorities | §§ 1700.50-1700.52 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.1.3.1.2 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | C | Subpart C—Loan and Grant Approval Authorities | § 1700.54 Electric Program. | RUS | (a) Administrator: The authority to approve the following loans, loan guarantees, and lien accommodations and subordinations of liens is reserved to the Administrator: (1) All discretionary hardship loans. (2) All loans, loan guarantees, and lien accommodations and subordinations of liens to finance operating costs. (3) All loans, loan guarantees, and lien accommodations and subordinations of liens of more than $20,000,000 for distribution borrowers or more than $50,000,000 for power supply borrowers. (4) All loans, loan guarantees, and lien accommodations and subordinations of liens for distribution borrowers that are members of a power supply borrower that is in default of its obligations to the Government or that is currently assigned to the Financial Services Staff, unless otherwise determined by the Administrator. (5) All loans, loan guarantees, and lien accommodations and subordinations of liens that require an Environmental Impact Statement. (6) Certifications and findings required by the RE Act or other applicable laws and regulations, the placing and releasing of conditions precedent to the advance of funds, and all security instruments, loan contracts, and all other necessary documents relating to the authorities reserved in this section. (7) Execution of all loan contracts, security instruments, and all other documents in connection with loans, loan guarantees, and lien accommodations approved by the Administrator. (b) The Assistant Administrator, Electric Program, has the authority to approve the following loans, loan guarantees, and lien accommodations and subordinations of liens, except for those approvals reserved to the Administrator: (1) Loans, loan guarantees, and lien accommodations and subordinations of liens for distribution borrowers in amounts not exceeding $20,000,000. (2) Loans, loan guarantees, and lien accommodations and subordinations of liens for power supply borrowers in amounts not exceeding $50,000,000. (3) Execution of all loan contracts, security instruments, and a… | |||||
| 7:7:11.1.2.1.1.3.1.3 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | C | Subpart C—Loan and Grant Approval Authorities | § 1700.55 Telecommunications Program. | RUS | (a) Administrator: The authority to approve the following loans, loan guarantees, and lien accommodations is reserved to the Administrator: (1) All loans, loan guarantees, and lien accommodations and subordinations of liens to finance operating costs. (2) All loans, loan guarantees, or lien accommodations and subordinations of liens of $25,000,000 or more. (3) Loans and loan guarantees with acquisition costs of $5,000,000 or more. (4) Loans and loan guarantees containing funds to refinance outstanding debt of more than $5,000,000. (5) All loan contracts, security instruments, and all other documents to be executed in connection with loans and loan guarantees approved by the Administrator. (b) Assistant Administrator, Telecommunications Program, has the authority to approve the following loans, loan guarantees, and lien accommodations, except for those approvals reserved to the Administrator: (1) Loans, loan guarantees, and lien accommodations and subordinations of liens not to exceed $25,000,000 except for those reserved to the Administrator. (2) Loans and loan guarantees with acquisition costs where the acquisition portion of the loan is less than $5,000,000. (3) Loans and loan guarantees including refinancing amounts that do not exceed $5,000,000. (4) Distance learning and telemedicine loans and loan guarantees that do not exceed $5,000,000. (5) Loan contracts, security instruments, and other documents to be executed in connection with loans and loan guarantees approved by the Assistant Administrator, Telecommunications Program. (c) Area Directors have the authority to approve the following loans, loan guarantees, and lien accommodations, except for those approvals reserved to the Administrator: (1) Loans, loan guarantees, and lien accommodations and subordinations of liens of less than $10,000,000. (2) Loans and loan guarantees with acquisition costs of less than $2,000,000. (3) Loans and loan guarantees including refinancing amounts of less than $2,000,000. (4) Any modifications in the m… | |||||
| 7:7:11.1.2.1.1.3.1.4 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | C | Subpart C—Loan and Grant Approval Authorities | § 1700.56 Water and Environmental Programs. | RUS | The State Rural Development Offices have the responsibility for making and servicing water and waste loans and grants. | |||||
| 7:7:11.1.2.1.1.3.1.5 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | C | Subpart C—Loan and Grant Approval Authorities | § 1700.57 Distance Learning and Telemedicine Loan and Grant Program. | RUS | (a) Administrator: The authority to approve the following loans and lien accommodations is reserved to the Administrator: (1) Grants or loan and grant combinations. (2) The number selected from each state for financial assistance for grant approval and loans or grants approved. (3) Extension of principal and interest repayments for rural development purposes. (4) Loan contracts, security instruments, and all other documents to be executed in connection with loans and loan guarantees approved by the Administrator. (b) Assistant Administrator, Telecommunications Program, has the authority to approve the following loans and lien accommodations and subordinations of liens: (1) Loans, that do not also include requests for grant funds, except for those reserved to the Administrator. (2) Loan contracts, security instruments, and all other documents to be executed in connection with loans and loan guarantees approved by the Assistant Administrator, Telecommunications Program. | |||||
| 7:7:11.1.2.1.1.3.1.6 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | C | Subpart C—Loan and Grant Approval Authorities | § 1700.58 Assistance to high energy cost rural communities. | RUS | [70 FR 5351, Feb. 3, 2005] | (a) Administrator: The authority to approve the following is reserved to the Administrator: (1) Allocation of appropriated funds among high energy cost community assistance programs; (2) Awards of grants and loans to extremely high energy cost communities; (3) Awards of grants and loans to the Denali Commission; (4) Awards of grants to State entities for State bulk fuel revolving funds; and (5) Grant agreements, loan contracts, security instruments and all other documents executed in connection with grants and loans agreements approved by the Administrator. (b) The Assistant Administrator, Electric Program has the authority to make any required certifications and to approve all grant and loan servicing actions not specifically reserved to the Administrator. | ||||
| 7:7:11.1.2.1.1.3.1.7 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | C | Subpart C—Loan and Grant Approval Authorities | §§ 1700.59-1700.99 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.1.4.1.1 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.100 Purpose. | RUS | This subpart establishes policies and procedures for the Rural Utilities Service (RUS) implementation of the Substantially Underserved Trust Areas (SUTA) initiative under section 306F of the Rural Electrification Act of 1936, as amended (7 U.S.C. 906f). The purpose of this rule is to identify and improve the availability of eligible programs in communities in substantially underserved trust areas. | |||||
| 7:7:11.1.2.1.1.4.1.10 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.109 RUS review. | RUS | (a) RUS will review the application to determine whether the applicant is eligible to receive consideration under this subpart and whether the application is timely, complete, and responsive to the requirements set forth in 7 CFR 1700.107. (b) If the Administrator determines that the application is eligible to receive consideration under this subpart and one or more SUTA requests are granted, the applicant will be so notified. (c) If RUS determines that the application is not eligible to receive further consideration under this subpart, RUS will so notify the applicant. The applicant may withdraw its application or request that RUS treat its application as an ordinary application for review, feasibility analysis and service area verification by RUS consistent with the regulations and guidelines normally applicable to the relevant program. | |||||
| 7:7:11.1.2.1.1.4.1.11 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | §§ 1700.110-1700.149 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.1.4.1.12 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.150 OMB Control Number. | RUS | The reporting and recordkeeping requirements contained in this part have been approved by the Office of Management and Budget and have been assigned OMB control number 0572-0147. | |||||
| 7:7:11.1.2.1.1.4.1.2 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.101 Definitions. | RUS | Administrator means the Administrator of the Rural Utilities Service, or designee or successor. Applicant means an entity that is eligible for an eligible program under that program's eligibility criteria. Borrower means any organization that has an outstanding loan or loan guarantee made by RUS for a program purpose. Completed application means an application that includes the elements specified by the rules for the applicable eligible program in form and substance satisfactory to RUS. ConAct means the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1921 et seq. ). Credit support means equity, cash requirements, letters of credit, and other financial commitments provided in support of a loan or loan guarantee. Eligible community means a community as defined by 7 CFR 1700.103. Eligible program means a program as defined by 7 CFR 1700.102. Financial assistance means a grant, combination loan and grant, loan guarantee or loan. Financial feasibility means the ability of a project or enterprise to meet operating expenses, financial performance metrics, such as debt service coverage requirements and return on investment, and the general ability to repay debt and sustain continued operations at least through the life of the RUS loan or loan guarantee. Matching fund requirements means the applicant's financial or other required contribution to the project for approved purposes. Nonduplication generally means a restriction on financing projects for services in a geographic area where reasonably adequate service already exists as defined by the applicable program. Project means the activity for which financial assistance has been provided. RE Act means the Rural Electrification Act of 1936, as amended (7 U.S.C. 901 et seq. ). RUS means the Rural Utilities Service, an agency of the United States Department of Agriculture, successor to the Rural Electrification Administration. Substantially underserved trust area means a community in trust land with respect to which the Adm… | |||||
| 7:7:11.1.2.1.1.4.1.3 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.102 Eligible programs. | RUS | SUTA does not apply to all RUS programs. SUTA only applies to eligible programs. An eligible program means a program administered by RUS and authorized in paragraph (a) of the RE Act, or paragraphs (b)(1), (2), (14), (22), or (24) of section 306(a) (7 U.S.C. 1926(a)(1), (2), (14), (22), (24)), or sections 306A, 306C, 306D, or 306E of the Con Act (7 U.S.C. 1926a, 1926c, 1926d, 1926e). | |||||
| 7:7:11.1.2.1.1.4.1.4 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.103 Eligible communities. | RUS | An eligible community is a community that: (a) Is located on Trust land; (b) May be served by an RUS administered program; and (c) Is determined by the Administrator as having a high need for benefits of an eligible program. | |||||
| 7:7:11.1.2.1.1.4.1.5 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.104 Financial feasibility. | RUS | Pursuant to normal underwriting practices, and such reasonable alternatives within the discretion of RUS that contribute to a financial feasibility determination for a particular eligible program or project, the Administrator will only make grants, loans and loan guarantees that RUS finds to be financially feasible and that provide eligible program benefits to substantially underserved trust areas. All income and assets available to and under the control of the Applicant will be considered as part of the Applicant's financial profile. | |||||
| 7:7:11.1.2.1.1.4.1.6 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.105 Determining whether land meets the statutory definition of “trust land.” | RUS | The Administrator will use one or more of the following resources in determining whether a particular community is located in Trust land: (a) Official maps of Federal Indian Reservations based on information compiled by the U. S. Department of the Interior, Bureau of Indian Affairs and made available to the public; (b) Title Status Reports issued by the U. S. Department of the Interior, Bureau of Indian Affairs showing that title to such land is held in trust or is subject to restrictions imposed by the United States; (c) Trust Asset and Accounting Management System data, maintained by the Department of the Interior, Bureau of Indian Affairs; (d) Official maps of the Department of Hawaiian Homelands of the State of Hawaii identifying land that has been given the status of Hawaiian home lands under the provisions of section 204 of the Hawaiian Homes Commission Act, 1920; (e) Official records of the U.S. Department of the Interior, the State of Alaska, or such other documentation of ownership as the Administrator may determine to be satisfactory, showing that title is owned by a Regional Corporation or a Village Corporation as such terms are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq ); (f) Evidence that the land is located on Guam, American Samoa or the Commonwealth of the Northern Mariana Islands, and is eligible for use in the Veteran's Administration direct loan program for veterans purchasing or constructing homes on communally-owned land; and (g) Any other evidence satisfactory to the Administrator to establish that the land is “trust land” within the meaning of 38 U.S.C. 3765(1). | |||||
| 7:7:11.1.2.1.1.4.1.7 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.106 Discretionary provisions. | RUS | (a) To improve the availability of eligible programs in eligible communities determined to have a high need for the benefits of an eligible program, the Administrator retains the discretion, on a case-by-case basis, to use any of the following SUTA authorities individually or in combination to: (1) Make available to qualified applicants financing with an interest rate as low as 2 percent; (2) Extend repayment terms; (3) Waive (individually or in combination) non-duplication restrictions, matching fund requirements, and credit support requirements from any loan or grant program administered by RUS; and (4) Give the highest funding priority to designated projects in substantially underserved trust areas. (b) Requests for waivers of nonduplication restrictions, matching fund requirements, and credit support requirements, and requests for highest funding priority will be reviewed on a case-by-case basis upon written request of the applicant filed pursuant to 7 CFR 1700.108. (c) Notwithstanding the requirements in paragraph (b) of this section, the Administrator reserves the right to evaluate any application for an eligible program for use of the discretionary provisions of this subpart without a formal, written request from the applicant. | |||||
| 7:7:11.1.2.1.1.4.1.8 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.107 Considerations relevant to the exercise of SUTA discretionary provisions. | RUS | (a) In considering requests to make available financing with an interest rate as low as 2 percent, and extended repayment terms, the Administrator will evaluate the effect of and need for such terms on the finding of financial feasibility. (b) In considering a request for a non-duplication waiver, the Administrator will consider the offerings of all existing service providers to determine whether or not granting the non-duplication waiver is warranted. A waiver of non-duplication restrictions will not be given if the Administrator determines as a matter of financial feasibility that, taking into account all existing service providers, an applicant or RUS borrower would not be able to repay a loan or successfully implement a grant agreement. Requests for waivers of non-duplication restrictions will be reviewed by taking the following factors into consideration: (1) The size, extent and demographics of the duplicative area; (2) The cost of service from existing service providers; (3) The quality of available service; and (4) The ability of the existing service provider to serve the eligible service area. (c) Requests for waivers of matching fund requirements will be evaluated by taking the following factors into consideration: (1) Whether waivers or reductions in matching or equity requirements would make an otherwise financially infeasible project financially feasible; (2) Whether permitting a matching requirement to be met with sources not otherwise permitted in an affected program due to regulatory prohibition may be allowed under a separate statutory authority; and (3) Whether the application could be ranked and scored as if the matching requirements were fully met. (d) Requests for waivers of credit support requirements will be evaluated taking the following factors into consideration: (1) The cost and availability of credit support relative to the loan security derived from such support; (2) The extent to which the requirement is shown to be a barrier to the applicant's participation in the progra… | |||||
| 7:7:11.1.2.1.1.4.1.9 | 7 | Agriculture | XVII | 1700 | PART 1700—GENERAL INFORMATION | D | Subpart D—Substantially Underserved Trust Areas | § 1700.108 Application requirements. | RUS | (a) To receive consideration under this subpart, the applicant must submit to RUS a completed application that includes all of the information required for an application in accordance with the regulations relating to the program for which financial assistance is being sought. In addition, the applicant must notify the RUS contact for the applicable program in writing that it seeks consideration under this subpart and identify the discretionary authorities of this subpart it seeks to have applied to its application. The required written request memorandum or letter must include the following items: (1) A description of the applicant, documenting eligibility. (2) A description of the community to be served, documenting eligibility in accordance with 7 CFR 1700.103. (3) An explanation and documentation of the high need for the benefits of the eligible program, which may include: (i) Data documenting a lack of service (i.e. no service or unserved areas) or inadequate service in the affected community; (ii) Data documenting significant health risks due to the fact that a significant proportion of the community's residents do not have access to, or are not served by, adequate, affordable service. (iii) Data documenting economic need in the community, which may include: (A) Per capita income of the residents in the community, as documented by the U.S. Department of Commerce, Bureau of Economic Analysis; (B) Local area unemployment and not-employed statistics in the community, as documented by the U.S. Department of Labor, Bureau of Labor Statistics and/or the U.S. Department of the Interior, Bureau of Indian Affairs; (C) Supplemental Nutrition Assistance Program participation and benefit levels in the community, as documented by the U.S. Department of Agriculture, Economic Research Service; (D) National School Lunch Program participation and benefit levels in the community, as documented by the U.S. Department of Agriculture, Food and Nutrition Service; (E) Temporary Assistance for Needy Families Program par… | |||||
| 7:7:11.1.2.1.10.1.1.1 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | A | Subpart A—Advance of Funds | § 1721.1 Advances. | RUS | [64 FR 72489, Dec. 28, 1999, as amended at 78 FR 73370, Dec. 5, 2013; 81 FR 11026, Mar. 2, 2016; 86 FR 36197, July 9, 2021; 89 FR 17274, Mar. 11, 2024] | (a) Purpose and amount. With the exception of minor projects which are addressed in paragraph (b) of this section and generation projects which need to be included on a RUS Form 740c or an amendment to a RUS Form 740c, loan funds will be advanced for projects which are included in a RUS approved construction work plan (CWP), Energy Efficiency and Conservation Program work plan (EEWP), or approved amendment to either, have received written documentation of RUS concluding its environmental reviews and have complied with all Contracting and Bidding Procedures included in 7 CFR part 1726. Loan fund advances can be requested in an amount representing actual costs incurred. (b) Minor project. Minor project means a project costing $250,000 or less. Such a project qualifies for advance of loan funds even though it may not have been included in an RUS-approved borrower's CWP, amendment to such CWP, or approved loan. Total advances requested shall not exceed the total loan amount. All projects for which loan fund advances are requested must be constructed to achieve purposes permitted by terms of the loan contract between the borrower and RUS. (c) Certification. Pursuant to the applicable provisions of the RUS loan contract, borrowers must certify with each request for funds to be approved for advance that such funds are for projects in compliance with this section and shall also provide for those that cost in excess of $250,000 a contract or work order number as applicable and a CWP cross-reference project coded identification number. For a minor project not included in a RUS approved borrower's CWP or CWP amendment, the Borrower shall describe the project and do one of the following to satisfy RUS' environmental review requirements in accordance with 7 CFR part 1970: (1) If applicable, state that the project is a categorical exclusion of a type described in § 1970.53 of this title; or (2) If applicable, state that the project is a categorical exclusion of a type that normally requires the preparation of an envi… | ||||
| 7:7:11.1.2.1.10.2.1.1 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | B | Subpart B—Extensions of Payments of Principal and Interest | § 1721.100 Purpose. | RUS | This subpart contains RUS procedures and conditions under which Borrowers of loans made by RUS may request RUS approval for extensions for the payment of principal and interest. | |||||
| 7:7:11.1.2.1.10.2.1.10 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | B | Subpart B—Extensions of Payments of Principal and Interest | § 1721.109 OMB control number. | RUS | The information collection requirements in this part are approved by the Office of Management and Budget and assigned OMB control number 0572-0123. | |||||
| 7:7:11.1.2.1.10.2.1.2 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | B | Subpart B—Extensions of Payments of Principal and Interest | § 1721.101 General. | RUS | [67 FR 485, Jan. 4, 2002, as amended at 68 FR 37953, June 26, 2003] | (a) The procedures in this subpart are intended to provide Borrowers with the flexibility to request an extension of principal and interest as authorized under section 12(a) of the RE Act and section 236 of the Disaster Relief Act of 1970 (Public Law 91-606). (b) The total amount of interest that has been deferred, including interest on deferred principal, will be added to the principal balance, and the total amount of principal and interest that has been deferred will be reamortized over the remaining life of the applicable note beginning in the first year the deferral period ends. (c) Payment of principal and interest will not be extended more than 5 years after such payment is due as originally scheduled. However, in cases where the extension is being granted because, at the sole discretion of the Administrator, a severe hardship has been experienced, the Administrator may grant a longer extension provided that the maturity date of any such loan does not extend to a date beyond forty (40) years from the date of the note. | ||||
| 7:7:11.1.2.1.10.2.1.3 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | B | Subpart B—Extensions of Payments of Principal and Interest | § 1721.102 Definitions. | RUS | The definitions contained in 7 CFR 1710.2 are applicable to this subpart unless otherwise stated. | |||||
| 7:7:11.1.2.1.10.2.1.4 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | B | Subpart B—Extensions of Payments of Principal and Interest | § 1721.103 Policy. | RUS | [67 FR 485, Jan. 4, 2002, as amended at 68 FR 37953, June 26, 2003] | (a) In reviewing requests for extension of payment of principal and interest, consideration shall be given to the effect of such extensions on the security of the Government's loans, and on the ability of the Borrower to achieve program objectives. It is the policy of RUS to extend the time for payment of principal and interest on the basis of findings that such extension does not impair the security and feasibility of the Government's loans and: (1) Is essential to the effectiveness of the Borrower's operations in achieving RUS program objectives which include providing reliable, affordable electricity to RE Act beneficiaries; (2) Is necessary to help a Borrower place its operations on a more stable financial basis and thereby provide assurance of repayment of loans within the time when payments of such loans are due under the terms of the note or notes as extended; or (3) Is otherwise in the best interest of the Government. (b) Extensions will be given in the minimum amount to achieve the purpose of the extension. (c) The maximum interest rate a RUS Borrower can charge on deferments for programs relating to consumer loans, e.g., energy resource conservation (ERC) program, contribution-in-aid of construction (CIAC), etc., will not be more than 300 basis points above the average interest rate on the note(s) being deferred. For example, if the RUS Borrower's average interest rate on the note(s) being deferred is 5 percent, the RUS Borrower can charge a maximum interest rate of 8 percent. | ||||
| 7:7:11.1.2.1.10.2.1.5 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | B | Subpart B—Extensions of Payments of Principal and Interest | § 1721.104 Eligible purposes. | RUS | [67 FR 485, Jan. 4, 2002, as amended at 68 FR 37954, June 26, 2003] | (a) Deferments for financial hardship. (1) In cases of financial hardship, a Borrower may request that RUS defer principal or interest or both. RUS will consider whether the deferral will help a Borrower place its operations on a more stable financial basis and thereby provide assurance of repayment of loans within the time when payment of such loans are due under the terms of the note or notes as extended. (2) RUS will determine whether a Borrower qualifies for the deferment on a case-by-case basis, considering such factors as the following: (i) Substantial unreimbursed or uninsured expenses relating to storm damage; (ii) Loss of large power load (as defined in § 1710.7(c)(6)(ii) of this chapter, Large retail power contracts); or (iii) Substantial loss of consumers or load due to hostile annexations and condemnations, without adequate compensation. (b) Deferments for energy resource conservation (ERC) loans. (1) A Borrower may request that RUS defer principal payments to make funds available to the Borrower's consumers to conserve energy. Amounts deferred under this program can be used to cover the cost of labor and materials for the following energy conservation measures: (i) Caulking; (ii) Weather-stripping; (iii) Heat pump systems (including water source heat pumps); (iv) Heat pumps, water heaters, and central heating or central air conditioning system replacements or modifications, which reduce energy consumption; (v) Ceiling insulation; (vi) Wall insulation; (vii) Floor insulation; (viii) Duct insulation; (ix) Pipe insulation; (x) Water heater insulation; (xi) Storm windows; (xii) Thermal windows; (xiii) Storm or thermal doors; (xiv) Electric system coordinated customer-owned devices that reduce the maximum kilowatt demand on the electric system; (xv) Clock thermostats; or (xvi) Attic ventilation fans. (2) ERC loans will be amortized over not more than 84 months, without penalty for prepayment of principal. (c) Deferments for renewable energy projects. (1) A Borrower may request… | ||||
| 7:7:11.1.2.1.10.2.1.6 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | B | Subpart B—Extensions of Payments of Principal and Interest | § 1721.105 Application documents. | RUS | [67 FR 485, Jan. 4, 2002, as amended at 68 FR 37954, June 26, 2003; 84 FR 32616, July 9, 2019] | (a) Deferments for financial hardship. A Borrower requesting a section 12 deferment because of financial hardship must submit the following: (1) A summary of the financial position of the Borrower, based on the latest information available (usually less than 60 days old). (2) A copy of the board resolution requesting an extension due to financial hardship. (3) A 10-year financial forecast of revenues and expenses on a cash basis, by year, for the period of the extension and 5 years beyond to establish that the remaining payments can be made as rescheduled. (4) A listing of notes or portions of notes to be extended, the effective date for the beginning of the extension, and the length of the extension. (5) A narrative description of the nature and cause of the hardship and the strategy that will be instituted to mitigate or eliminate the effects of the hardship. (b) Deferments for energy resource conservation loans. A Borrower requesting principle deferments for an ERC loan program must submit a letter from the Borrower's General Manager requesting an extension of principle payments for the purpose of offering an ERC loan program to its members and describing the details of the program. (c) Deferments for renewable energy projects. A Borrower requesting principle deferments for its renewable energy project must submit a letter from the Borrower's General Manager requesting an extension of principle payments for the purpose of offering an ERC loan program to its members and describing the details of the program. (d) Deferments for distributed generation projects. A Borrower requesting principle deferments for distributed generation projects must submit a letter from the Borrower's General Manager requesting an extension of principle payments for the purpose of offering an ERC loan program to its members and describing the details of the program and approval is also subject to any applicable terms and conditions of the Borrower's loan contract, mortgage, or indenture. (e) Deferments for contributio… | ||||
| 7:7:11.1.2.1.10.2.1.7 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | B | Subpart B—Extensions of Payments of Principal and Interest | § 1721.106 Repayment of deferred payments. | RUS | [67 FR 485, Jan. 4, 2002, as amended at 68 FR 37954, June 26, 2003] | (a) Deferments relating to financial hardship. The total amount of interest that has been deferred, including interest on deferred principal, will be added to the principal balance, and the total amount of principal and interest that has been deferred will be reamortized over the remaining life of the applicable note beginning in the first year the deferral period ends. For example: the amount of interest deferred in years 2003, 2004, 2005, 2006, and 2007, will be added to the principal balance and reamortized over the life of the applicable note for repayment starting in year 2008. (b) Deferments relating to the ERC loan program, renewable energy project(s), distributed generation project(s), and the contribution(s)-in-aid of construction. An extension agreement is for a term of two (2) years. The installment will be recalculated each time the Borrower defers the payment of principal and recognition of the deferred amount will begin with the next payment. For example: the amount deferred in the October payment will be reamortized over a 84 month period starting with the next payment (November if paying on a monthly basis). When a Borrower defers principal under any of these programs the scheduled payment on the account will increase by an amount sufficient to pay off the deferred amount, with interest, by the date specified in the agreement (usually 84 months (28 quarters)). | ||||
| 7:7:11.1.2.1.10.2.1.8 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | B | Subpart B—Extensions of Payments of Principal and Interest | § 1721.107 Agreement. | RUS | After approval of the Borrower's request for a deferment of principal and interest, an extension agreement, containing the terms of the extension, together with associated materials, will be prepared and forwarded to the Borrower by RUS. The extension agreement will then be executed and returned to RUS by the Borrower. | |||||
| 7:7:11.1.2.1.10.2.1.9 | 7 | Agriculture | XVII | 1721 | PART 1721—POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS | B | Subpart B—Extensions of Payments of Principal and Interest | § 1721.108 Commencement of the deferment. | RUS | The deferment of principal and interest will not begin until the extension agreement and other supporting materials, in form and substance satisfactory to RUS, have been executed by the Borrower and returned to RUS. Examples of other supporting materials are items such as approving legal opinions from the Borrower's attorney and approvals from the relevant regulatory body for extending the maturity of existing debt and for the additional debt service payment incurred. | |||||
| 7:7:11.1.2.1.11.1.1.1 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | § 1724.1 Introduction. | RUS | [63 FR 35314, June 29, 1998, as amended at 84 FR 32617, July 9, 2019] | (a) The policies, procedures and requirements in this part implement certain provisions of the standard form of loan documents between the Rural Utilities Service (RUS) and its electric borrowers. (b) All borrowers, regardless of the source of financing, shall comply with RUS' requirements with respect to design, construction standards, and the use of RUS accepted material on their electric systems. (c) Borrowers are required to use RUS contract forms only if the facilities are financed by RUS. Borrowers have three options: (1) Submit the actual contract used for review and approval; (2) Submit a certification that the required contract was used for the electric project or; (3) Submit a certification that the contract was not used but the essential and identical provisions specifically listed in the certification were used in the contract for constructing the electric facilities. | ||||
| 7:7:11.1.2.1.11.1.1.10 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | § 1724.10 Standard forms of contracts for borrowers. | RUS | [63 FR 58284, Oct. 30, 1998] | The standard loan agreement between RUS and its borrowers provides that, in accordance with applicable RUS regulations in this chapter, the borrower shall use standard forms of contracts promulgated by RUS for construction, procurement, engineering services, and architectural services financed by a loan made or guaranteed by RUS. This part implements these provisions of the RUS loan agreement. Subparts A through E of this part prescribe when and how borrowers are required to use RUS standard forms of contracts for engineering and architectural services. Subpart F of this part prescribes the procedures that RUS follows in promulgating standard contract forms and identifies those contract forms that borrowers are required to use for engineering and architectural services. | ||||
| 7:7:11.1.2.1.11.1.1.11 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | §§ 1724.11-1724.19 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.11.1.1.2 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | § 1724.2 Waivers. | RUS | The Administrator may waive, for good cause on a case-by-case basis, requirements and procedures of this part. | |||||
| 7:7:11.1.2.1.11.1.1.3 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | § 1724.3 Definitions. | RUS | [63 FR 35314, June 29, 1998, as amended at 63 FR 58284, Oct. 30, 1998] | Terms used in this part have the meanings set forth in § 1710.2 of this chapter. References to specific RUS forms and other RUS documents, and to specific sections or lines of such forms and documents, shall include the corresponding forms, documents, sections and lines in any subsequent revisions of these forms and documents. In addition to the terms defined in § 1710.2 of this chapter, the following terms have the following meanings for the purposes of this part: Architect means a registered or licensed person employed by the borrower to provide architectural services for a project and duly authorized assistants and representatives. Engineer means a registered or licensed person, who may be a staff employee or an outside consultant, to provide engineering services and duly authorized assistants and representatives. Force account construction means construction performed by the borrower's employees. GPO means Government Printing Office. NESC means the National Electrical Safety Code. RE Act means the Rural Electrification Act of 1936 as amended (7 U.S.C. 901 et seq. ). Repowering means replacement of the steam generator or the prime mover or both at a generating plant. RUS means Rural Utilities Service. RUS approval means written approval by the Administrator or a representative with delegated authority. RUS approval must be in writing, except in emergency situations where RUS approval may be given orally followed by a confirming letter. RUS financed means financed or funded wholly or in part by a loan made or guaranteed by RUS, including concurrent supplemental loans required by § 1710.110 of this chapter, loans to reimburse funds already expended by the borrower, and loans to replace interim financing. | ||||
| 7:7:11.1.2.1.11.1.1.4 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | § 1724.4 Qualifications. | RUS | The borrower shall ensure that: (a) All selected architects and engineers meet the applicable registration and licensing requirements of the States in which the facilities will be located; (b) All selected architects and engineers are familiar with RUS standards and requirements; and (c) All selected architects and engineers have had satisfactory experience with comparable work. | |||||
| 7:7:11.1.2.1.11.1.1.5 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | § 1724.5 Submission of documents to RUS. | RUS | [84 FR 32617, July 9, 2019] | (a) Where to send documents. Documents required to be submitted to RUS under this part are to be sent to the Office of Loan Origination & Approval. (b) Contracts requiring RUS approval. The borrower shall submit to RUS three copies of each contract that is subject to RUS approval under subparts B and C of this part. At least one copy of each contract must be an original signed in ink ( i.e., no facsimile signature). (c) Contract amendments requiring RUS approval. The borrower shall submit to RUS three copies of each contract amendment (at least one copy of which must be an original signed in ink) which is subject to RUS approval. | ||||
| 7:7:11.1.2.1.11.1.1.6 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | § 1724.6 Insurance requirements. | RUS | (a) Borrowers shall ensure that all architects and engineers working under contract with the borrower have insurance coverage as required by part 1788 of this chapter. (b) Borrowers shall also ensure that all architects and engineers working under contract with the borrower have insurance coverage for Errors and Omissions (Professional Liability Insurance) in an amount at least as large as the amount of the architectural or engineering services contract but not less than $500,000. | |||||
| 7:7:11.1.2.1.11.1.1.7 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | § 1724.7 Debarment and suspension. | RUS | [79 FR 76003, Dec. 19, 2014] | Borrowers shall comply with the requirements on debarment and suspension in connection with procurement activities set forth in 2 CFR part 180, as adopted by USDA through 2 CFR part 417, particularly with respect to lower tier transactions, e.g., procurement contracts for goods or services. | ||||
| 7:7:11.1.2.1.11.1.1.8 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | § 1724.8 Restrictions on lobbying. | RUS | [79 FR 76003, Dec. 19, 2014] | Borrowers shall comply with the restrictions and requirements in connection with procurement activities as set forth in 2 CFR part 418. | ||||
| 7:7:11.1.2.1.11.1.1.9 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | A | Subpart A—General | § 1724.9 Environmental review requirements. | RUS | [87 FR 73442, Nov. 30, 2022] | Borrowers must comply with the environmental review requirements in accordance with 7 CFR part 1970. or any successor regulations that implement the provisions of the National Environmental Policy Act. | ||||
| 7:7:11.1.2.1.11.2.1.1 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | B | Subpart B—Architectural Services | § 1724.20 Borrowers' requirements—architectural services. | RUS | The provisions of this section apply to all borrower electric system facilities regardless of the source of financing. (a) Each borrower shall select a qualified architect to perform the architectural services required for the design and construction management of headquarters facilities. The selection of the architect is not subject to RUS approval unless specifically required by RUS on a case by case basis. Architect's qualification information need not be submitted to RUS unless specifically requested by RUS on a case by case basis. (b) The architect retained by the borrower shall not be an employee of the building supplier or contractor, except in cases where the building is prefabricated and pre-engineered. (c) The architect's duties are those specified under the Architectural Services Contract and under subpart E of this part, and, as applicable, those duties assigned to the “engineer” for competitive procurement procedures in part 1726 of this chapter. (d) If the facilities are RUS financed, the borrower shall submit or require the architect to submit one copy of each construction progress report to RUS upon request. (e) Additional information concerning RUS requirements for electric borrowers' headquarters facilities are set forth in subpart E of this part. See also RUS Bulletin 1724E-400, Guide to Presentation of Building Plans and Specifications, for additional guidance. This bulletin is available from Program Development and Regulatory Analysis, Rural Utilities Service, U.S. Department of Agriculture, Stop 1522, 1400 Independence Ave., SW., Washington, DC 20250-1522. | |||||
| 7:7:11.1.2.1.11.2.1.2 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | B | Subpart B—Architectural Services | § 1724.21 Architectural services contracts. | RUS | [63 FR 35314, June 29, 1998, as amended at 84 FR 32617, July 9, 2019] | The provisions of this section apply only to RUS financed electric system facilities. (a) RUS Form 220, Architectural Services Contract, may be used by electric borrowers when obtaining architectural services. (b) The borrower shall ensure that the architect furnishes or obtains all architectural services related to the design and construction management of the facilities. (c) Reasonable modifications or additions to the terms and conditions in the RUS contract form may be made to define the exact services needed for a specific undertaking. Such modifications or additions shall not relieve the architect or the borrower of the basic responsibilities required by the RUS contract form, and shall not alter any terms and conditions required by law. All substantive changes must be approved by RUS prior to execution of the contract. (d) Architectural services contracts are not subject to RUS approval and need not be submitted to RUS unless specifically requested by RUS on a case by case basis. (e) Closeout. Upon completion of all services and obligations required under each architectural services contract, including, but not limited to, submission of final documents, the borrower must closeout that contract. The borrower shall obtain from the architect a final statement of cost, which must be supported by detailed information as appropriate. For example, out-of-pocket expense and per diem types of compensation should be listed separately with labor, transportation, etc., itemized for each service involving these types of compensation. RUS Form 284, Final Statement of Cost for Architectural Service, may be used. All computations of the compensation must be made in accordance with the terms of the architectural services contract. Closeout documents need not be submitted to RUS unless specifically requested by RUS on a case by case basis. | ||||
| 7:7:11.1.2.1.11.2.1.3 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | B | Subpart B—Architectural Services | §§ 1724.22-1724.29 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.11.3.1.1 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | C | Subpart C—Engineering Services | § 1724.30 Borrowers' requirements—engineering services. | RUS | [63 FR 35314, June 29, 1998, as amended at 78 FR 73371, Dec. 5, 2013] | The provisions of this section apply to all borrower electric system facilities regardless of the source of financing. (a) Each borrower shall select one or more qualified persons to perform the engineering services involved in the planning (including the development of an EE Program eligible for financing pursuant to subpart H of part 1710 of this chapter, design, and construction management of the system. (b) Each borrower shall retain or employ one or more qualified engineers to inspect and certify all new construction in accordance with § 1724.32. The engineer must not be the borrower's manager. (c) The selection of the engineer is not subject to RUS approval unless specifically required by RUS on a case by case basis. Engineer's qualification information need not be submitted to RUS unless specifically requested by RUS on a case by case basis. (d) The engineer's duties are specified under the Engineering Services Contract and under part 1726 of this chapter. The borrower shall ensure that the engineer executes all certificates and other instruments pertaining to the engineering details required by RUS. (e) Additional requirements related to appropriate seismic safety measures are contained in part 1792, subpart C, of this chapter, Seismic Safety of Federally Assisted New Building Construction. (f) If the facilities are RUS financed, the borrower shall submit or require the engineer to submit one copy of each construction progress report to RUS upon RUS' request. | ||||
| 7:7:11.1.2.1.11.3.1.2 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | C | Subpart C—Engineering Services | § 1724.31 Engineering services contracts. | RUS | [63 FR 35314, June 29, 1998, as amended at 84 FR 32617, July 9, 2019] | The provisions of this section apply only to RUS financed electric system facilities. (a) RUS contract forms for engineering services shall be used. Reasonable modifications or additions to the terms and conditions in the RUS contract form may be made to define the exact services needed for a specific undertaking. Any such modifications or additions shall not relieve the engineer or the borrower of the basic responsibilities required by the RUS contract form, and shall not alter any terms and conditions required by law. All substantive changes to the RUS contract form shall be approved by RUS prior to execution of the contract. (b) RUS Form 236, Engineering Service Contract—Electric System Design and Construction, may be used for all distribution, transmission, substation, and communications and control facilities. These contracts are not subject to RUS approval and need not be submitted to RUS unless specifically requested by RUS on a case by case basis. (c) RUS Form 211, Engineering Service Contract for the Design and Construction of a Generating Plant, shall be used for all new generating units and repowering of existing units. These contracts require RUS approval. (d) Any amendments to RUS approved engineering services contracts require RUS approval. (e) Closeout. Upon completion of all services and obligations required under each engineering services contract, including, but not limited to, submission of final documents, the borrower must closeout the contract. The borrower shall obtain from the engineer a completed final statement of engineering fees, which must be supported by detailed information as appropriate. RUS Form 234, Final Statement of Engineering Fee, may be used. All computations of the compensation shall be made in accordance with the terms of the engineering services contract. Closeout documents need not be submitted to RUS unless specifically requested by RUS on a case by case basis. | ||||
| 7:7:11.1.2.1.11.3.1.3 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | C | Subpart C—Engineering Services | § 1724.32 Inspection and certification of work order construction. | RUS | The provisions of this section apply to all borrower electric system facilities regardless of the source of financing. (a) The borrower shall ensure that all field inspection and related services are performed within 6 months of the completion of construction, and are performed by a licensed engineer, except that a subordinate of the licensed engineer may make the inspection, provided the following conditions are met: (1) The inspection by the subordinate is satisfactory to the borrower; (2) This practice is acceptable under applicable requirements of the States in which the facilities are located; (3) The subordinate is experienced in making such inspections; (4) The name of the person making the inspection is included in the certification; and (5) The licensed engineer signs such certification which appears on the inventory of work orders. (b) The inspection shall include a representative and sufficient amount of construction listed on each RUS Form 219, Inventory of Work Orders (or comparable form), being inspected to assure the engineer that the construction is acceptable. Each work order that was field inspected shall be indicated on RUS Form 219 (or comparable form.) The inspection services shall include, but not be limited to, the following: (1) Determination that construction conforms to RUS specifications and standards and to the requirements of the National Electrical Safety Code (NESC), State codes, and local codes; (2) Determination that the staking sheets or as-built drawings represent the construction completed and inspected; (3) Preparation of a list of construction clean-up notes and staking sheet discrepancies to be furnished to the owner to permit correction of construction, staking sheets, other records, and work order inventories; (4) Reinspection of construction corrected as a result of the engineer's report; (5) Noting, initialing, and dating the staking or structure sheets or as-built drawings and noting the corresponding work order entry for line construction; and (6) Noting, … | |||||
| 7:7:11.1.2.1.11.3.1.4 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | C | Subpart C—Engineering Services | §§ 1724.33-1724.39 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.11.4.1.1 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | D | Subpart D—Electric System Planning | § 1724.40 General. | RUS | [63 FR 35314, June 29, 1998, as amended at 87 FR 73442, Nov. 30, 2022] | Borrowers shall have ongoing, integrated planning to determine their short-term and long-term needs for plant additions, improvements, replacements, and retirements for their electric systems. The primary components of the planning system consist of long-range engineering plans and construction work plans. Long-range engineering plans identify plant investments required over a long-range period, 10 years or more. Construction work plans specify and document plant requirements for a shorter term, 2 to 4 years. Long-range engineering plans and construction work plans shall be in accordance with part 1710, subpart F, of this chapter. See also RUS Bulletins 1724D-101A, Electric System Long-Range Planning Guide, and 1724D-101B, System Planning Guide, Construction Work Plans, for additional guidance. These bulletins are available at https://www.rd.usda.gov/resources/regulations/bulletins. | ||||
| 7:7:11.1.2.1.11.4.1.2 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | D | Subpart D—Electric System Planning | §§ 1724.41-1724.49 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.11.5.1.1 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | E | Subpart E—Electric System Design | § 1724.50 Compliance with National Electrical Safety Code (NESC). | RUS | The provisions of this section apply to all borrower electric system facilities regardless of the source of financing. (a) A borrower shall ensure that its electric system, including all electric distribution, transmission, and generating facilities, is designed, constructed, operated, and maintained in accordance with all applicable provisions of the most current and accepted criteria of the National Electrical Safety Code (NESC) and all applicable and current electrical and safety requirements of any State or local governmental entity. Copies of the NESC may be obtained from the Institute of Electrical and Electronic Engineers, Inc., 445 Hoes Lane, Piscataway, NJ 08855. This requirement applies to the borrower's electric system regardless of the source of financing. (b) Any electrical standard requirements established by RUS are in addition to, and not in substitution for or a modification of, the most current and accepted criteria of the NESC and any applicable electrical or safety requirements of any State or local governmental entity. (c) Overhead distribution circuits shall be constructed with not less than the Grade C strength requirements as described in Section 26, Strength Requirements, of the NESC when subjected to the loads specified in NESC Section 25, Loadings for Grades B and C. Overhead transmission circuits shall be constructed with not less than the Grade B strength requirements as described in NESC Section 26. | |||||
| 7:7:11.1.2.1.11.5.1.2 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | E | Subpart E—Electric System Design | § 1724.51 Design requirements. | RUS | [63 FR 35314, June 29, 1998, as amended at 84 FR 32617, July 9, 2019; 87 FR 73442, Nov. 30, 2022] | The provisions of this section apply to all borrower electric system facilities regardless of the source of financing. (a) Distribution. All distribution facilities must conform to the applicable RUS construction standards and utilize RUS accepted materials. (b) Transmission lines. (1) All transmission line design data must be approved by RUS or a licensed professional engineer may certify that the design data, plans and profiles drawings for the electric system facilities meets all applicable RUS electric design requirements, specifications, local, state and national requirements and that RUS listed materials were used. (2) Design data consists of all significant design features, including, but not limited to, transmission line design data summary, general description of terrain, right-of-way calculations, discussion concerning conductor and structure selection, conductor sag and tension information, design clearances, span limitations due to clearances, galloping or conductor separation, design loads, structure strength limitations, insulator selection and design, guying requirements, and vibration considerations. For lines composed of steel or concrete poles, or steel towers, in which load information will be used to purchase the structures, the design data shall also include loading trees, structure configuration and selection, and a discussion concerning foundation selection. (3) Line design data for uprating transmission lines to higher voltage levels or capacity must be approved by RUS. (4) Transmission line design data which has received RUS approval in connection with a previous transmission line construction project for a particular borrower is considered approved by RUS for that borrower, provided that: (i) The conditions on the project fall within the design data previously approved; and (ii) No significant NESC revisions have occurred. (c) Substations. (1) All substation design data must be approved by RUS or a licensed professional engineer may certify that the design data, plans and p… | ||||
| 7:7:11.1.2.1.11.5.1.3 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | E | Subpart E—Electric System Design | § 1724.52 Permitted deviations from RUS construction standards. | RUS | [63 FR 35314, June 29, 1998, as amended at 69 FR 18803, Apr. 9, 2004] | The provisions of this section apply to all borrower electric system facilities regardless of the source of financing. (a) Structures for raptor protection. (1) RUS standard distribution line structures may not have the extra measure of protection needed in areas frequented by eagles and other large raptors to protect such birds from electric shock due to physical contact with energized wires. Where raptor protection in the design of overhead line structures is required by RUS; a Federal, State or local authority with permit or license authority over the proposed construction; or where the borrower voluntarily elects to comply with the recommendations of the U.S. Fish and Wildlife Service or State wildlife agency, borrowers are permitted to deviate from RUS construction standards, provided: (i) Structures are designed and constructed in accordance with “Suggested Practices for Raptor Protection on Powerlines: The State of the Art in 1996” (Suggested Practices for Raptor Protection); and, (ii) Structures are in accordance with the NESC and applicable State and local regulations. (2) Any deviation from the RUS construction standards for the purpose of raptor protection, which is not in accordance with the Suggested Practices for Raptor Protection, must be approved by RUS prior to construction. “Suggested Practices for Raptor Protection on Powerlines: The State of the Art in 1996,” published by the Edison Electric Institute/Raptor Research Foundation, is hereby incorporated by reference. This incorporation by reference is approved by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this publication may be obtained from the Raptor Research Foundation, Inc., c/o Jim Fitzpatrick, Treasurer, Carpenter Nature Center, 12805 St. Croix Trail South, Hastings, Minnesota 55033. It is also available for inspection during normal business hours at RUS, Electric Staff Division, 1400 Independence Avenue, SW., Washington, DC, Room 1246-S, and at the National Arc… | ||||
| 7:7:11.1.2.1.11.5.1.4 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | E | Subpart E—Electric System Design | § 1724.53 Preparation of plans and specifications. | RUS | The provisions of this section apply to all borrower electric system facilities regardless of the source of financing. (a) General. (1) The borrower (acting through the engineer, if applicable) shall prepare plans and specifications that adequately represent the construction to be performed. (2) Plans and specifications for distribution, transmission, or generating facilities must be based on a construction work plan (as amended, if applicable), engineering study or construction program which has been approved by RUS if financing for the facilities will at any time be requested from RUS. (b) Composition of plans and specifications package. (1) Whether built by force account or contract, each set of plans and specifications must include: (i) Distribution lines. Specifications and drawings, staking sheets, key map and appropriate detail maps; (ii) Transmission lines. Specifications and drawings, transmission line design data manual, vicinity maps of the project, a one-line diagram, and plan and profile sheets; (iii) Substations. Specifications and drawings, including a one-line diagram, plot and foundation plan, grounding plan, and plans and elevations of structure and equipment, as well as all other necessary construction drawings, in sufficient detail to show phase spacing and ground clearances of live parts; (iv) Headquarters. Specifications and drawings, including: (A) A plot plan showing the location of the proposed building plus paving and site development; (B) A one line drawing (floor plan and elevation view), to scale, of the proposed building with overall dimensions shown; and (C) An outline specification including materials to be used (type of frame, exterior finish, foundation, insulation, etc.); and (v) Other facilities (e.g., generation and communications and control facilities). Specifications and drawings, as necessary and in sufficient detail to accurately define the scope and quality of work required. (2) For contract work, the appropriate standard RUS construction contra… | |||||
| 7:7:11.1.2.1.11.5.1.5 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | E | Subpart E—Electric System Design | § 1724.54 Requirements for RUS approval of plans and specifications. | RUS | [63 FR 35314, June 29, 1998, as amended at 65 FR 63196, Oct. 23, 2000; 77 FR 3071, Jan. 23, 2012; 84 FR 32617, July 9, 2019; 87 FR 73442, Nov. 30, 2022] | The provisions of this section apply only to RUS financed electric system facilities. (a) For any contract subject to RUS approval in accordance with part 1726 of this chapter, the borrower shall obtain RUS approval of the plans and specifications, as part of the proposed bid package, prior to requesting bids. RUS may require approval of other plans and specifications on a case by case basis. (b) Distribution lines. RUS approval of the plans and specifications for distribution line construction is not required if standard RUS drawings, specifications, RUS accepted material, and standard RUS contract forms (as required by part 1726 of this chapter) are used. Drawings, plans and specifications for nonstandard distribution construction must be submitted to RUS and receive approval prior to requesting bids on contracts or commencement of force account construction. (c) Transmission lines. (1) Plans and specifications for transmission construction projects which are not based on RUS approved line design data or do not use RUS standard structures must receive RUS design approval or RUS certification approval prior to requesting bids on contracts or commencement of force account construction. (2) Unless RUS approval is required by paragraph (a) of this section, plans and specifications for transmission construction which use previously approved design data and standard structures do not require RUS approval. Plans and specifications for related work, such as right-of-way clearing, equipment, and materials, do not require RUS approval unless required by paragraph (a) of this section. (d) Substations. (1)(i) Plans and specifications for all new substations must receive RUS design approval or RUS certification approval prior to requesting bids on contracts or commencement of force account construction, unless: (A) The substation design has been previously approved by RUS; and (B) No significant NESC revisions have occurred. (ii) The borrower shall notify RUS in writing, which may include the Construction Work… | ||||
| 7:7:11.1.2.1.11.5.1.6 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | E | Subpart E—Electric System Design | § 1724.55 Dam safety. | RUS | [63 FR 35314, June 29, 1998, as amended at 69 FR 18803, Apr. 9, 2004; 84 FR 32617, July 9, 2019] | (a) The provisions of this section apply only to RUS financed electric system facilities. (1)(i) Any borrower that owns or operates a RUS financed dam must utilize the“Federal Guidelines for Dam Safety,”(Guidelines), as applicable. A dam, as more fully defined in the Guidelines, is generally any artificial barrier which either: (A) Is 25 feet (8 m) or more in height; or (B) Has an impounding capacity at maximum water storage elevation of 55 acre-feet (68,000 m 3 ) or more. (ii) The“Federal Guidelines for Dam Safety,”FEMA 93, June, 1979, published by the Federal Emergency Management Agency (FEMA), is hereby incorporated by reference. This incorporation by reference is approved by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the“Federal Guidelines for Dam Safety”may be obtained from the Federal Emergency Management Agency, Mitigation Directorate, PO Box 2012, Jessup, MD 20794. It is also available for inspection during normal business hours at RUS, Electric Staff Division, 1400 Independence Avenue, SW., Washington, DC, Room 1246-S, and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (2) The borrower shall evaluate the hazard potential of its dams in accordance with Appendix E of the U.S. Army Corps of Engineers Engineering and Design Dam Safety Assurance Program, ER 1110-2-1155, July 31, 1995. A summary of the hazard potential criteria is included for information as Appendix A to this subpart. The U.S. Army Corps of Engineers Engineering and Design Dam Safety Assurance Program, ER 1110-2-1155, July 31, 1995, published by the United States Army Corps of Engineers, is hereby incorporated by reference. This incorporation by reference is approved by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Co… | ||||
| 7:7:11.1.2.1.11.5.1.7 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | E | Subpart E—Electric System Design | §§ 1724.56-1724.69 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.11.6.1.1 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | F | Subpart F—RUS Contract Forms | § 1724.70 Standard forms of contracts for borrowers. | RUS | [63 FR 58284, Oct. 30, 1998, as amended at 87 FR 73442, Nov. 30, 2022] | (a) General. The standard loan agreement between RUS and its borrowers provides that, in accordance with applicable RUS regulations in this chapter, the borrower shall use standard forms of contract promulgated by RUS for construction, procurement, engineering services, and architectural services financed by a loan made or guaranteed by RUS. (See section 5.16 of appendix A to subpart C of part 1718 of this chapter.) This subpart prescribes RUS procedures in promulgating electric program standard contract forms and identifies those forms that borrowers are required to use. (b) Contract forms. RUS promulgates standard contract forms, identified in the List of Required Contract Forms, § 1724.74(c), that borrowers are required to use in accordance with the provisions of this part. A borrower may deviate from the Required Contract Form provided the borrower certifies to RUS that the non-standard form incorporates the provisions of the Required Contract Form that are contained in the RUS Certification Form found at https://www.rd.usda.gov/resources/directives/electric-sample-documents. Further, a borrower may utilize a contract other than a Required Contract Form if it is allowed to do so by an indenture or any other agreement between the borrower and RUS. In addition, RUS promulgates standard contract forms identified in the List of Guidance Contract Forms contained in § 1724.74(c) that the borrowers may but are not required to use in the planning, design, and construction of their electric systems. Borrowers are not required to use these guidance contract forms in the absence of an agreement to do so. | ||||
| 7:7:11.1.2.1.11.6.1.2 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | F | Subpart F—RUS Contract Forms | § 1724.71 Borrower contractual obligations. | RUS | [63 FR 58285, Oct. 30, 1998, as amended at 69 FR 7108, Feb. 13, 2004; 87 FR 73442, Nov. 30, 2022] | (a) Loan agreement. As a condition of a loan or loan guarantee under the RE Act, distribution borrowers are normally required to enter into RUS loan agreements pursuant to which the borrower agrees to use RUS standard forms of contracts for construction, procurement, engineering services and architectural services financed in whole or in part by the RUS loan. Normally, this obligation is contained in section 5.16 of the standard distribution loan contract. To comply with the provisions of the loan agreements as implemented by this part, borrowers must use those forms of contract (hereinafter sometimes called “listed contract forms”) identified in the List of Required Standard Contract Forms contained in § 1724.74(c), except as provided in § 1724.70(b). Power Supply borrowers typically execute an indenture and loan contract as well. The terms and conditions of any indenture and loan contract executed by a Power Supply borrower shall govern its obligations with respect to the use of contract forms. (b) Compliance. If a borrower is required by this part or by its loan agreement with RUS to use a listed standard form of contract, the borrower shall use the listed contract form in the format available from RUS, either paper or electronic format, except as provided in § 1724.70(bc). Exact electronic reproduction is acceptable. The approved RUS standard forms of contract shall not be retyped, changed, modified, or altered in any manner not specifically authorized in this part or approved by RUS in writing on a case-by-case basis. Any modifications approved by RUS on a case-by-case basis must be clearly shown so as to indicate the modification difference from the standard form of contract. (c) Amendment. Where a borrower has entered into a contract in the form required by this part, no change may be made in the terms of the contract, by amendment, waiver or otherwise, without the prior written approval of RUS except as provided in § 1724.70(b). (d) Waiver. RUS may waive for good cause, on a case by case basis,… | ||||
| 7:7:11.1.2.1.11.6.1.3 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | F | Subpart F—RUS Contract Forms | § 1724.72 Notice and publication of listed contract forms. | RUS | [63 FR 58285, Oct. 30, 1998] | (a) Notice. Upon initially entering into a loan agreement with RUS, borrowers will be provided with all listed contract forms. Thereafter, new or revised listed contract forms promulgated by RUS, including RUS approved exceptions and alternatives, will be sent by regular or electronic mail to the address of the borrower as identified in its loan agreement with RUS. (b) Availability. Listed contract forms are published by RUS. Interested parties may obtain the forms from: Rural Utilities Service, Program Development and Regulatory Analysis, U.S. Department of Agriculture, Stop 1522, 1400 Independence Avenue, SW., Stop 1522, Washington, DC 20250-1522, telephone number (202) 720-8674. The list of contract forms can be found in § 1724.74(c), List of Required Contract Forms. | ||||
| 7:7:11.1.2.1.11.6.1.4 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | F | Subpart F—RUS Contract Forms | § 1724.73 Promulgation of new or revised contract forms. | RUS | [63 FR 58285, Oct. 30, 1998] | RUS may, from time to time, undertake to promulgate new contract forms or revise or eliminate existing contract forms. In so doing, RUS shall publish notice of rulemaking in the Federal Register announcing, as appropriate, a revision in, or a proposal to amend § 1724.74, List of Electric Program Standard Contract Forms. The amendment may change the existing identification of a listed contract form; for example, changing the issuance date of a listed contract form or by identifying a new required contract form. The notice of rulemaking will describe the new standard contract form or the substantive change in the listed contract form, as the case may be, and the issues involved. The standard contract form or relevant portions thereof may be appended to the supplementary information section of the notice of rulemaking. As appropriate, the notice of rulemaking shall provide an opportunity for interested persons to provide comments. A copy of each such Federal Register document shall be sent by regular or electronic mail to all borrowers. | ||||
| 7:7:11.1.2.1.11.6.1.5 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | F | Subpart F—RUS Contract Forms | § 1724.74 List of electric program standard contract forms. | RUS | [63 FR 58285, Oct. 30, 1998, as amended at 65 FR 63196, Oct. 23, 2000; 69 FR 52595, Aug. 27, 2004] | (a) General. The following is a list of RUS electric program standard contract forms for architectural and engineering services. Paragraph (c) of this section contains the list of required contract forms, i.e., those forms of contracts that borrowers are required to use by the terms of their RUS loan agreements as implemented by the provisions of this part. Paragraph (d) of this section contains the list of guidance contract forms, i.e., those forms of contracts provided as guidance to borrowers in the planning, design, and construction of their systems. All of these forms are available from RUS. See § 1724.72(b) for availability of these forms. (b) Issuance date. Where required by this part to use a standard form of contract in connection with RUS financing, the borrower shall use that form identified by issuance date in the List of Required Contract Forms in paragraph (c) of this section, as most recently published as of the date the borrower executes the contract. (c) List of required contract forms. (1) RUS Form 211, Rev. 4-04, Engineering Service Contract for the Design and Construction of a Generating Plant. This form is used for engineering services for generating plant construction. (2) RUS Form 220, Rev. 6-98, Architectural Services Contract. This form is used for architectural services for building construction. (3) RUS Form 236, Rev. 6-98, Engineering Service Contract—Electric System Design and Construction. This form is used for engineering services for distribution, transmission, substation, and communications and control facilities. (d) List of guidance contract forms. (1) RUS Form 179, Rev. 9-66, Architects and Engineers Qualifications. This form is used to document architects and engineers qualifications. (2) RUS Form 215, Rev. 5-67, Engineering Service Contract—System Planning. This form is used for engineering services for system planning. (3) RUS Form 234, Rev. 3-57, Final Statement of Engineering Fee. This form is used for the closeout of engineering services contracts. (4)… | ||||
| 7:7:11.1.2.1.11.6.1.6 | 7 | Agriculture | XVII | 1724 | PART 1724—ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES | F | Subpart F—RUS Contract Forms | §§ 1724.75-1724.99 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.12.1.1.1 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | §§ 1726.1-1726.9 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.12.1.1.10 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.18 Pre-loan contracting. | RUS | [81 FR 11027, Mar. 2, 2016] | Borrowers must consult with RUS prior to entering into any contract for material, equipment, or construction if a construction work plan, general funds, loan or loan guarantee for the proposed work has not been approved. While the RUS staff will work with the borrower in such circumstances, nothing contained in this part is to be construed as authorizing borrowers to enter into any contract before the availability of funds has been ascertained by the borrower and all environmental review requirements in accordance with 7 CFR part 1970, have been met. | ||||
| 7:7:11.1.2.1.12.1.1.11 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.19 Use of competitive procurement. | RUS | RUS borrowers' procurement is not subject to the provisions of the Federal Acquisition Regulation (48 CFR chapter 1); however, since borrowers receive the benefit of Federal financial assistance borrowers must use competitive procurement to the greatest extent practical. The borrower must use competitive procurement for obtaining all goods or services when a RUS loan or loan guarantee is involved except: (a) As specifically provided for in subparts B through F of this part; or (b) A waiver is granted. | |||||
| 7:7:11.1.2.1.12.1.1.12 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.20 Standards and specifications. | RUS | [69 FR 7109, Feb. 13, 2004] | All materials, equipment, and construction must meet the minimum requirements of all applicable RUS standards and specifications. (See part 1728 of this chapter, Electric Standards and Specifications for Materials and Construction, which is applicable regardless of the source of funding.) | ||||
| 7:7:11.1.2.1.12.1.1.13 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.21 New materials. | RUS | The borrower shall purchase only new materials and equipment unless otherwise approved by RUS, on a case by case basis, prior to the purchase. | |||||
| 7:7:11.1.2.1.12.1.1.14 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.22 Methods of construction. | RUS | The borrower is generally responsible for determining whether construction will be by contract or force account. If construction is by contract, the borrower must determine whether materials will be supplied by the contractor or will be furnished by the borrower. RUS reserves the right to require contract construction in lieu of force account construction on a case by case basis. | |||||
| 7:7:11.1.2.1.12.1.1.15 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.23 Qualification of bidders. | RUS | (a) Qualified bidder list (QBL). The borrower shall (acting through its engineer, if applicable) review the qualifications of prospective bidders for contract construction and for material and equipment procurement, and select firms qualified for inclusion on the borrower's list of qualified bidders for each contract. (See also § 1726.16 and § 1726.17.) A bid may not be solicited from a prospective bidder or opened by the borrower unless that bidder has been determined to be a qualified bidder for the contract. When preparing the QBL, in addition to the actual experience of the borrower, if any, in dealing with a prospective bidder, the borrower may solicit information from that bidder or from other parties with firsthand experience regarding the firm's capabilities and experience. It is also important to consider the firm's performance record, safety record, and similar factors in determining whether to include that firm on the QBL, since the borrower may not evaluate these factors when evaluating a bid from a qualified and invited bidder. (b) Conflict of interest. If there is a relationship between the borrower or engineer and a prospective bidder which might cause the borrower or engineer to have or appear to have a conflict of interest, that prospective bidder shall not be included on the QBL unless the engineer discloses the nature of the relationship to the borrower. In the case of the borrower, if its employees or directors have a relationship with a prospective bidder, the prospective bidder shall not be included on the qualified bidders list unless the nature of the relationship is disclosed to the board of directors, and the board of directors specifically approves the inclusion of that bidder in light of the potential for a conflict of interest. | |||||
| 7:7:11.1.2.1.12.1.1.16 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.24 Standard forms of contracts for borrowers. | RUS | [60 FR 10155, Feb. 23, 1995, as amended at 63 FR 58286, Oct. 30, 1998; 69 FR 7109, Feb. 13, 2004] | (a) General. The standard loan agreement between RUS and the borrowers provides that, in accordance with applicable RUS regulations in this chapter, the borrower shall use standard forms of contracts promulgated by RUS for construction, procurement, engineering services, and architectural services financed by a loan made or guaranteed by RUS. This part implements these provisions of the RUS loan agreement. Subparts A through H and J of this part prescribe when and how borrowers are required to use RUS standard forms of contracts in procurement and construction. Subpart I of this part prescribes the procedures that RUS follows in promulgating standard contract forms and identifies those contract forms that borrowers are required to use for procurement and construction. (b) Amendments to contracts —(1) Contract forms. The borrower must use RUS Form 238, Construction or Equipment Contract Amendment, for any change or addition in any contract for construction or equipment. (2) Special considerations. Each time an amendment to a construction contract is executed, the borrower must ensure that contractor's bond is adequate, that all necessary licenses and permits have been obtained, and that any environmental requirements associated with the proposed construction have been met. (3) Amendment approval requirements. (i) If a RUS approved form of contract is required by this part, an amendment must not alter the terms and conditions of the RUS approved form of contract without prior RUS approval. (ii) The borrower must make a contract amendment subject to RUS approval if the underlying contract was made subject to RUS approval and the total amended contract price exceeds 120 percent of the original contract price (excluding any escalation provision contained in the contract). (iii) Contract amendments, except as provided in paragraph (b)(3)(ii) of this section, are not subject to RUS approval and need not be submitted to RUS unless specifically requested by RUS on a case by case basis. | ||||
| 7:7:11.1.2.1.12.1.1.17 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.25 Subcontracts. | RUS | [69 FR 7109, Feb. 13, 2004] | Subcontracts are not subject to RUS approval and need not be submitted to RUS unless specifically requested by RUS on a case by case basis. | ||||
| 7:7:11.1.2.1.12.1.1.18 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.26 Interest on overdue accounts. | RUS | [63 FR 58286, Oct. 30, 1998] | Certain RUS contract forms contain a provision concerning payment of interest on overdue accounts. Prior to issuing the invitation to bidders, the borrower must insert an interest rate equal to the lowest “Prime Rate” listed in the “Money Rates” section of the Wall Street Journal on the date such invitation to bid is issued. If no prime rate is published on that date, the last such rate published prior to that date must be used. The rate must not, however, exceed the maximum rate allowed by any applicable state law. | ||||
| 7:7:11.1.2.1.12.1.1.19 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.27 Contractor's bonds. | RUS | [63 FR 58286, Oct. 30, 1998, as amended at 69 FR 7109, Feb. 13, 2004] | (a) RUS Form 168b, Contractor's Bond, shall be used when a contractor's bond is required by RUS Forms 200, 257, 786, 790, or 830 unless the contractor's surety has accepted a Small Business Administration guarantee and the contract is for $1 million or less. (b) RUS Form 168c, Contractor's Bond, shall be used when a contractor's bond is required by RUS Forms 200, 257, 786, 790, or 830 and the contractor's surety has accepted a Small Business Administration guarantee and the contract is for $1 million or less. (c) Surety companies providing contractor's bonds shall be listed as acceptable sureties in the U.S. Department of the Treasury Circular No. 570, Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies. Copies of the circular and interim changes may be obtained directly from the Government Printing Office (202) 512-1800. Interim changes are published in the Federal Register as they occur. The list is also available through the Internet at http://www.fms.treas.gov/c570/index.html and on the Department of the Treasury's computerized public bulletin board at (202) 874-6887. | ||||
| 7:7:11.1.2.1.12.1.1.2 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.10 Introduction. | RUS | The policies, procedures and requirements included in this part are intended to implement provisions of the standard form of loan documents between the Rural Utilities Service (RUS) and its electric borrowers. Unless prior written approval is received from RUS, borrowers are required to comply with RUS policies and procedures as a condition to RUS providing loans, loan guarantees, or reimbursement of general funds for the construction and improvement of electric facilities. Requirements relating to RUS approval of plans and specifications, duties and responsibilities of the engineer and architect, and engineering and architectural services contracts, are contained in other RUS regulations. The terms “RUS form”, “RUS standard form”, “RUS specification”, “and RUS bulletin” have the same meanings as the terms “REA form”, “REA standard form”, “REA specification”, “and REA bulletin”, respectively, unless otherwise noted. | |||||
| 7:7:11.1.2.1.12.1.1.20 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | §§ 1726.28-1726.34 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.12.1.1.21 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.35 Submission of documents to RUS. | RUS | [60 FR 10155, Feb. 23, 1995, as amended at 84 FR 32617, July 9, 2019; 86 FR 36197, July 9, 2021] | (a) Where to send documents. Documents required to be submitted to RUS under this part are to be sent electronically to RUS, unless otherwise directed. (b) Borrower certification. When a borrower certification is required by this part, it must be made by the borrower's manager unless the board of directors specifically authorizes another person to make the required certification. In such case, a certified copy of the specific authorizing resolution must accompany the document or be on file with RUS. (c) Contracts requiring RUS approval. The borrower shall submit to RUS, one copy of each contract that is subject to RUS approval under subparts B through F of this part. Any contract submitted by the borrower contract must be accompanied by: (1) A bid tabulation and evaluation and, if applicable, a written recommendation of the architect or engineer. (2) For awards made under the informal competitive bidding procedure or the multiparty negotiation procedure, a written recommendation of the contracting committee (See §§ 1726.202 and 1726.203). (3) One copy of an executed contractor's bond on RUS approved bond forms as required in the contract form and one copy of the bid bond or copy of the certified check. (4) A certification by the borrower or chairperson of the contracting committee, as applicable, that the appropriate bidding procedures were followed as required by this part. (5) Evidence of clear title to the site for substations and headquarters construction contracts, if not previously submitted. (6) Documentation that all reasonable measures were taken to assure competition if fewer than three bids were received. (d) Contract amendments requiring RUS approval. The borrower must submit to RUS, one copy of each contract amendment which is subject to RUS approval under § 1726.24(b). Each contract amendment submittal to RUS must be accompanied by a bond extension, where necessary. (e) Encumbrance of loan or loan guarantee funds. (1) For contracts subject to RUS approval, the submittals required… | ||||
| 7:7:11.1.2.1.12.1.1.22 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.36 Documents subject to RUS approval. | RUS | Unless otherwise indicated, the borrower shall make all contracts and amendments that are subject to RUS approval effective only upon RUS approval. | |||||
| 7:7:11.1.2.1.12.1.1.23 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.37 OMB control number. | RUS | The collection of information requirements in this part have been approved by the Office of Management and Budget and assigned OMB control number 0572-0107. | |||||
| 7:7:11.1.2.1.12.1.1.24 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | §§ 1726.38-1726.49 [Reserved] | RUS | ||||||
| 7:7:11.1.2.1.12.1.1.3 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.11 Purpose. | RUS | Each borrower is responsible for the planning, design, construction, operation and maintenance of its electric system. RUS, as a secured lender, has a legitimate interest in accomplishing RUS's programmatic objectives, and in assuring that the costs of construction, materials, and equipment are reasonable and economical and that the property securing the loans is constructed adequately to serve the purposes for which it is intended. | |||||
| 7:7:11.1.2.1.12.1.1.4 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.12 Applicability. | RUS | The requirements of this part apply to the procurement of materials and equipment for use by electric borrowers in their electric systems and to the construction of their electric systems if such materials, equipment, and construction are financed, in whole or in part, with loans made or guaranteed by RUS, including reimbursable projects. In order for general fund expenditures for procurement or construction to be eligible for reimbursement from loan funds, the borrower must comply with the procedures required by this part. In the case of jointly owned projects, RUS will determine on a case by case basis the applicability of the requirements of this part. | |||||
| 7:7:11.1.2.1.12.1.1.5 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.13 Waivers. | RUS | The Administrator may waive, for good cause on a case by case basis, certain requirements and procedures of this part. RUS reserves the right, as a condition of providing loans, loan guarantees, or other assistance, to require any borrower to make any specification, contract, or contract amendment subject to the approval of the Administrator. | |||||
| 7:7:11.1.2.1.12.1.1.6 | 7 | Agriculture | XVII | 1726 | PART 1726—ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES | A | Subpart A—General | § 1726.14 Definitions. | RUS | [60 FR 10155, Feb. 23, 1995, as amended at 77 FR 3071, Jan. 23, 2012; 81 FR 11027, Mar. 2, 2016; 89 FR 17275, Mar. 11, 2024] | Terms used in this part have the meanings set forth in 7 CFR 1710.2. References to specific RUS forms and other RUS documents, and to specific sections or lines of such forms and documents, shall include the corresponding forms, documents, sections and lines in any subsequent revisions of these forms and documents. In addition to the terms defined in 7 CFR 1710.2, the following terms have the following meanings for the purposes of this part: Approval of proposed construction means RUS approval of a construction work plan or other appropriate engineering study and RUS approval, for purposes of system financing, of the completion of all appropriate environmental review requirements in accordance with 7 CFR part 1970. Architect means a registered or licensed person employed by the borrower to provide architectural services for a project and duly authorized assistants and representatives. Bona fide bid means a bid which is submitted by a contractor on the borrower's list of qualified bidders for the specific contract, prior to bid opening. “Buy American” certificate means a certification that the contractor has complied with the “Buy American” requirement (see § 1726.15). Competitive procurement means procurement of goods or services based on lowest evaluated bid for similar products or services when three or more bids are received. Construction unit means a specifically defined portion of a construction project containing materials, labor, or both, for purposes of bidding and payment. Contracting committee means the committee consisting of three to five members representing the borrower's management and board of directors and the engineer. The contracting committee represents the borrower during contract clarifying discussions or negotiations under informal competitive bidding or multiparty negotiation, respectively. Encumbrance means the process of approval for advance of loans funds by RUS. Engineer means a registered or licensed person, who may be a staff employee or an outside consultant, to pr… |
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