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khammond on DSKJM1Z7X2PROD with RULES

Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations populations pursuant to 7 U.S.C.
1991a13H, according to the latest decennial census of the United States and not in the urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants. In making this determination, the Agency will use the latest decennial census of the United States. The following exclusions apply:
i Any area in the urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants that is attached to the urbanized area of a city or town with more than 50,000 inhabitants by a contiguous area of urbanized census blocks that is not more than two census blocks wide. Applicants from such an area should work with their Rural Development State Office to request a determination of whether their project is located in a rural area under this provision.
ii For the Commonwealth of Puerto Rico, the island is considered Rural and eligible except for the San Juan Census Designated Place CDP and any other CDP with greater than 50,000
inhabitants. Areas within CDPs with greater than 50,000 inhabitants, other than the San Juan CDP, may be determined to be rural if they are not urban in character.
iii For the State of Hawaii, all areas within the State are considered rural and eligible except for the Honolulu CDP within the County of Honolulu and any other CDP with greater than 50,000
inhabitants. Areas within CDPs with greater than 50,000 inhabitants, other than the Honolulu CDP, may be determined to be rural if they are not urban in character.
iv For the purpose of defining a rural area in the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands, the Agency shall determine what constitutes rural and rural area based on available population data.
State. Any of the 50 States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands.
Technical assistance TA and training. A function performed for the benefit of a private business enterprise or a community which is a problemsolving activity such as market research, product and/or service improvement, feasibility study, worker training programs, etc., to assist in the economic development of a rural area.

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Technical assistance grant. A grant from the Agency, the funds of which are used to provide TA and training.
b Abbreviations. The following abbreviations apply to the terms used in this subpart.
FTEFull-time employee.
FYFiscal year.
LLRFLoan loss reserve fund.
MDOMicroenterprise Development Organization.
RMAPRural Microentrepreneur Assistance Program.
RMRFRural microloan revolving fund.
TATechnical assistance.
4280.303

Exception authority.

The Administrator may make limited exceptions to the requirements or provisions of this subpart. Such exceptions must be in the best financial interest of the Federal government and may not conflict with applicable law.
No exceptions may be made regarding applicant eligibility, project eligibility, or the rural area definition. In addition, exceptions may not be made:
a To accept an applicant into the program that would not normally be accepted under the eligibility criteria; or b To fund an interested party or applicant that has not successfully competed for funding in accordance with this subpart.
4280.304 Review or appeal rights and administrative concerns.

a Review or appeal rights. An applicant MDO, a microlender, or grantee MDO may seek a review of an adverse Agency decision under this subpart from the appropriate Agency official that oversees the program in question, and/or appeal the Agency decision to the National Appeals Division in accordance with 7 CFR part 11.
b Administrative concerns. Any questions or concerns regarding the administration of the program, including any action of the microlender, may be sent to: USDA Rural Development, Rural BusinessCooperative Service, Program Management Division at 1400
Independence Avenue SW, Room 5160
S, Mail Stop 3226, Washington, DC
202503226 or its successor agency, or the local USDA Rural Development office.
4280.305 Nondiscrimination and compliance with other Federal laws.

a Any entity receiving funds under this subpart must comply with other applicable Federal laws, including the Equal Employment Opportunities Act of 1972, the Americans with Disabilities
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Act, the Equal Credit Opportunity Act, the Civil Rights Act of 1964, Section 504
of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and 7
CFR part 1901, subpart E.
b The U.S. Department of Agriculture USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individuals income is derived from any public assistance program. Not all prohibited bases apply to all programs. Persons with disabilities who require alternative means for communication of program information Braille, large print, audiotape, etc. should contact USDAs TARGET Center at 202 7202600
voice and TDD. Any applicant that believes it has been discriminated against as a result of applying for funds under this program should contact:
USDA, Director, Office of Adjudication, 1400 Independence Avenue SW, Washington, DC 202509410, or call 866 6329992 toll free or 202 401
0216 TDD for information and instructions regarding the filing of a Civil Rights complaint. USDA is an equal opportunity provider, employer, and lender.
c A pre-award compliance review will take place at the time of application when the applicant completes or provides the Agency with sufficient demographic information to complete Form RD 4008, Compliance Review.
Post-award compliance reviews will take place once every three years after the beginning of participation in the program and until such time as a microlender leaves the program.
4280.306 Forms, regulations, and instructions.

Copies of all forms, regulations, and instructions referenced in this subpart are available in any Agency office, the Agencys website at: https
www.rd.usda.gov/page/regulations-andguidance/ and for grants on the internet at www.grants.gov.
4280.3074280.309
4280.310
MDOs.

Reserved
Program requirements for
a Eligibility requirements for applicant MDOs. To be eligible for a direct loan or grant award under this subpart, an applicant must meet each of the criteria set forth in paragraphs a1
through 4 of this section, as applicable.

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