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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations outlined in the 2018 Farm Bill. Many of the benefits provided by these mandatory changes include:
1 Providing new information regarding grant eligibility in conjunction with the Farm Bill Broadband Program covered under 7 CFR part 1738;
2 General language clarifications and duplication removals;
3 Providing information for, or the removals of, specific service requirements;
4 Changes in program financing thresholds to conform to the 2018 Farm Bill requirements;
5 Additional application information to ensure criteria are met;
6 New reporting requirements that ensure similar data is reported and collected across multiple USDA
broadband programs to improve oversight and integrity; and 7 Changes in language to ensure that programs can meet funding deadlines while still maintaining the integrity of the environmental review process.
These changes are expected to result in great transparency from the Agency and increased financing opportunities for providers of rural telecommunications services.
Telecommunications services are having a profound effect on the Nations economy, its strength and its growth by reducing the barriers of distance, remoteness, and time.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs has designated this rule as not being a major rule, as defined by 5 U.S.C. 8042.
Executive Order 12988, Civil Justice Reform This rule has been reviewed under Executive Order 12988, Civil Justice Reform. The Agency has determined that this rule meets the applicable standards provided in section 3 of the Executive order. In addition, all state and local laws and regulations that conflict with this rule will be preempted. No retroactive effect will be given to this rule.

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Executive Order 12372, Intergovernmental Consultation This final rule has been excluded from the scope of Executive Order 12372 Intergovernmental Consultation, which may require a consultation with state and local officials. See Department Programs and Activities Excluded from Executive Order 12372, 50 FR 47034 Nov. 14, 1985.

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Administrative Procedures Act The Administrative Procedures Act APA exempts from notice and comment requirements rules relating to agency management or personnel or to public property, loans, grants, benefits, or contracts 5 U.S.C.553a2. The Rural Telecommunications Program provides loans to borrowers at interest rates and on terms that are more favorable than those generally available from the private sector. RUS borrowers, as a result of obtaining Federal financing, receive economic benefits under the loan program. Based on this, any changes to the program fall under this exemption.
Regulatory Flexibility Act Certification The Regulatory Flexibility Act 5
U.S.C. 601602 RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the APA or any other statute. As outlined above, this rule is not subject to the APA under 5 U.S.C. 553a2.
Environmental Impact Statement This final rule has been reviewed in accordance with 7 CFR part 1970
Environmental Policies and Procedures. The Agency has determined that i this action meets the criteria established in 7 CFR 1970.53f;
2 no extraordinary circumstances exist; and iii the action is not connected to other actions with potentially significant impacts, is not considered a cumulative action and is not precluded by 40 CFR 1506.1.
Therefore, the Agency has determined that the action does not have a significant effect on the human environment, and therefore neither an Environmental Assessment nor an Environmental Impact Statement is required.
Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance CFDA number assigned to the Telecommunications Infrastructure Loans & Guarantees Program is 10.851.
The Catalog is available on the internet at https beta.sam.gov/. The Government Publishing Office GPO
prints and sells the CFDA to interested buyers. For information about purchasing the Catalog of Federal Domestic Assistance from GPO, call the Superintendent of Documents at 202
5121800 or toll free at 866 5121800, or access GPOs online bookstore at https bookstore.gpo.gov.

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Unfunded Mandates This rule contains no federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 for state, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act of 1995.
E-Government Act Compliance Rural Development is committed to complying with the E-Government Act of 2002, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible.
Executive Order 13132, Federalism The policies contained in this rule do not have any substantial direct effect on states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on state and local governments.
Therefore, consultation with the states is not required.
Executive Order 13175, Consultation and Coordination With Indian Tribal Governments This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Executive Order 13175
requires Federal agencies to consult and coordinate with Tribes on a government-to-government basis on policies that have Tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
Broadband programs in general have a significant impact on Tribes. These specific statutory provisions, however, were predominantly mandatory, leaving very few areas for discretion for Tribal consultation and guidance. The primary areas of discretion were: 1 Removing guarantee fee language, 2 correcting a citation, 3 removing obsolete year 2000
compliance information and 4
removing a duplicative refinancing section.
USDA has held a series of Tribal consultations conducted by USDA Rural Development and USDA Office of Tribal
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