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Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Rules and Regulations
provide a description of program activities, and to submit all other required environmental documentation as requested in the application system or by the Agency after the application is submitted. It is the Applicants responsibility to obtain all necessary federal, tribal, state, and local governmental permits and approvals necessary for the proposed work to be conducted.
b Applications will be reviewed to ensure that they contain sufficient information to allow Agency staff to conduct a NEPA analysis so that appropriate NEPA documentation can be submitted to the appropriate federal and state agencies, along with the recommendation that the proposal is in compliance with applicable environmental and historic preservation laws.
c Applicants proposing activities that cannot be covered by existing environmental compliance procedures will be informed whether NEPA
requirements and other environmental requirements can otherwise be expeditiously met so that a project can proceed within the timeframes anticipated under the Program.
d If additional information is required after an application is accepted for funding, funds can be withheld by the agency under a special award condition requiring the Awardee to submit additional environmental compliance information sufficient for the Agency to assess any impacts that a project may have on the environment.

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1740.28 Civil rights procedures and requirements.

a Equal opportunity and nondiscrimination. The agency will ensure that equal opportunity and nondiscriminatory requirements are met in accordance with the Equal Credit Opportunity Act and 7 CFR part 15. In accordance with federal civil rights law and USDA civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA
programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity including gender expression, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA not all bases apply to all programs.
b Civil rights compliance. Recipients of federal assistance under this part must comply with the Americans with
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Disabilities Act of 1990, Title VI of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973. In general, recipients should have available for the Agency, racial and ethnic data showing the extent to which members of minority groups are beneficiaries of federally assisted programs. The Agency will conduct compliance reviews in accordance with 7 CFR part 15. Awardees will be required to complete RD 4004, Assurance Agreement, for each Federal Award received.
c Discrimination complaints.
Persons believing they have been subjected to discrimination prohibited by this section may file a complaint personally or by an authorized representative with USDA, Director, Office of Adjudication, 1400
Independence Avenue SW, Washington, DC 20250. A complaint must be filed no later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated officials of USDA or the Agency.
1740.291740.41

Reserved
Subpart DAward Terms 1740.42

Interest rates.

Interest rates for the different funding options that will become available will be included in the Federal Register as part of the funding announcement opening a funding window.
a Direct cost-of-money loans shall bear interest at a rate equal to the cost of borrowing to the Department of Treasury for obligations of comparable maturity.
b The agency may offer 100 percent loans at a reduced interest rate, and in such cases, the applicable interest rate will be stated in the Federal Register or applicable funding opportunity notice.
1740.43

Terms and conditions.

Terms and conditions of loans, grants, or loan/grant combinations are set forth in the non-negotiable standard loan, grant, or loan/grant agreements and the corresponding note, and/or mortgage, if applicable, which may be found on the Agencys web page.
a Unless the Applicant requests a shorter repayment period, loans must be repaid with interest within a period that, rounded to the nearest whole year, is equal to the expected Composite Economic Life of the project assets, as determined by RUS based upon acceptable depreciation rates, plus three years. Acceptable depreciation rates can be found in the Program Construction Procedures found on the Agencys web page.

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b Interest begins accruing on the date of each loan advance. Any deferral period for loans will be set in the Federal Register notice opening a funding window.
c All proposed construction including construction with matching and other funds and all advance of funds must be completed no later than five years from the time funds are made available.
d No funds will be disbursed under this program until all other sources of funding have been obtained and any other pre-award conditions have been met. Failure to obtain one or more sources of funding committed to in the Application or to fulfill any other preaward condition within 90 days of award announcement may result in withdrawal of the award. The RUS may modify this requirement in the Federal Register or applicable funding opportunity notice.
1740.44

Security.

a Loans and loan/grant combinations. The loan portion of the award must be adequately secured, as determined by RUS.
1 For Corporations and limited liability entities, the loan and loan/grant combinations must be secured by all assets of the Awardee.
i RUS must be given an exclusive first lien, in form and substance satisfactory to RUS, on all assets of the Awardee, including all revenues.
ii RUS may share its first lien position with one or more lenders on a pari passu basis, except with respect to grant funds, if security arrangements are acceptable to RUS.
iii Applicants must submit a certification that their prior lender or lienholder on any Awardee assets has already agreed to sign the RUS standard intercreditor agreement or co-mortgage found on the Agencys web page.
iv RUS will not share a lien position on assets with any related party or affiliate of the Awardee.
2 For Tribal entities and municipalities, RUS will develop appropriate security arrangements.
3 Unless otherwise approved by RUS in writing, all property and facilities purchased with award funds must be owned by the Awardee.
b Grant security. The grant portion of the award must also be adequately secured, as determined by RUS.
1 The government must be provided an exclusive first lien on all grant funded assets during the service obligation of the grant, and thereafter any sale or disposition of grant assets must comply with the Uniform Administrative Requirements, Cost
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