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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Rules and Regulations
a cooperative but is owned and operated for the benefit of its members, with the return of residual earnings paid to such members on the basis of patronage.
Hydroponics. The commercial cultivation of plants by placing the roots in liquid nutrient solutions rather than in soil.
Immediate family. Individuals who live in the same household or who are closely related by blood, marriage, or adoption, such as a spouse, domestic partner, parent, child, stepchild, sibling, aunt, uncle, grandparent, grandchild, niece, nephew, or first cousin.
Indian tribe. The term as defined in 25 U.S.C. 5304e; any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act 85 Stat. 688 43 U.S.C.
1601 et seq., which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Intermediary. The entity requesting or receiving, as applicable, Agency IRP
loan funds for establishing or recapitalizing an IRP revolving loan fund and relending to ultimate recipients.
Intermediary equity contribution.
Represents an intermediarys investment in the IRP revolving loan fund, in the form of cash and unencumbered ownership in an amount determined by the applicant. This must be contributed to the IRP revolving loan fund prior to, or concurrently to, the disbursement of Agency IRP loan funds from the Agency. This contribution becomes restricted and must remain as equity in the IRP revolving loan fund subject to the provisions of 4274.332d and 4274.341b1 and 2.
IRP revolving loan fund. A group of assets:
1 Obtained through or related to an Agency IRP loan; and 2 Accounted for, along with related liabilities, revenues, and expenses, as an entity or enterprise separate from the intermediarys other assets and financial activities.
Loan agreement. The agreement, which utilizes the requisite OMBapproved form, between the Agency and the intermediary setting forth the terms and conditions of the Agency IRP loan.
Military personnel. Individuals currently on active duty in the regular service, having enlisted from civilian or Reserve Officers Training Corps status, or individuals on active duty in the regular service with more than six
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months until their anticipated date of release from service.
Principals of intermediary. Members, officers, directors, and other individuals or entities directly involved in the operation and management, including those setting policy, of an intermediary.
Public agency. Any State, Indian Tribal or local government, or any branch or agency of such government having authority to act on behalf of that government, to borrow funds and engage in activities eligible for funding under this subpart.
Revolved funds. The cash portion of an IRP revolving loan fund that includes fees, principal, and interest payments received from ultimate recipients and is not composed of any Agency IRP loan funds.
Rural or rural area. Any area of a State not in a city or town that has a population of more than 50,000
inhabitants, and which excludes certain 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:
1 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 has been determined to be rural in character as follows:
i The determination that an area is rural in character will be made by the Under Secretary of Rural Development.
The process to request a determination under this provision is outlined in paragraph 1ii of this definition. The determination that an area is rural in character under this definition will apply to areas that are within:
A An urbanized area that has two points on its boundary that are at least 40 miles apart, which is not contiguous or adjacent to a city or town that has a population of greater than 150,000
inhabitants or the urbanized area of such a city or town; or B An urbanized area contiguous and adjacent to a city or town of greater than 50,000 inhabitants that is within 14 mile of a rural area.
ii Units of local government may petition the Under Secretary of Rural Development for a rural in character designation by submitting a petition to the appropriate Rural Development State Director for recommendation to the Administrator on behalf of the Under Secretary. The petition shall document how the area meets the
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requirements of paragraph 1iA or B of this definition and discuss why the petitioner believes the area is rural in character, including, but not limited to, the areas population density, demographics, and topography and how the local economy is tied to a rural economic base. Upon receiving a petition, the Under Secretary will consult with the applicable governor or leader in a similar position and request comments to be submitted within five business days, unless such comments were submitted with the petition. The Under Secretary will release to the public a notice of a petition filed by a unit of local government not later than 30 days after receipt of the petition by way of publication in a local newspaper and posting on the Rural Development State Office website and the Under Secretary will make a determination not less than 15 days, but no more than 60
days, after the release of the notice.
Upon a negative determination, the Under Secretary will provide to the petitioner an opportunity to appeal a determination to the Under Secretary, and the petitioner will have 10 business days to appeal the determination and provide further information for consideration. The Under Secretary will make a determination of the appeal in not less than 15 days, but no more than 30 days.
iii Rural Development State Directors may also initiate a request to the Under Secretary to determine if an area is rural in character. A written recommendation should be sent to the Administrator, on behalf of the Under Secretary, that documents how the area meets the statutory requirements of paragraph 1iB of this definition and discusses why the State Director believes the area is rural in character, including, but not limited to, the areas population density, demographics, topography, and how the local economy is tied to a rural economic base. Upon receipt of such a request, the Administrator will review the request for compliance with the rural in character provisions and make a recommendation to the Under Secretary.
Provided a favorable determination is made, the Under Secretary will consult with the applicable Governor and request comments within 10 business days, unless gubernatorial comments were submitted with the request. A
public notice will be published by the State Office in accordance with paragraph 1ii of this definition. There is no appeal process for requests made on the initiative of the State Director.
2 An area that is attached to the urbanized area of a city or town with more than 50,000 inhabitants by a
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