1948.79—Application procedure for planning grants.
(a)
Applicants may submit a preapplication for a planning grant upon designation of the area as an energy impacted area by the Governor. FmHA or its successor agency under Public Law 103-354 will not take final action on the preapplication until the designation has been approved by the Secretary of Energy.
(b)
Intergovernmental consultation should be carried out in accordance with 7 CFR part 3015 subpart V, “Intergovernmental Review of Department of Agriculture office.”
(c)
Applicants shall file an original and one copy of SF 424.1, “Application for Federal Assistance (For Non-construction),” with the appropriate FmHA or its successor agency under Public Law 103-354 office. A copy should also be filed with the Governor's office of the appropriate State. This form is available in all FmHA or its successor agency under Public Law 103-354 offices. Local governments and councils of local governments shall submit preapplications to the appropriate FmHA or its successor agency under Public Law 103-354 District Office. State governments shall apply to the appropriate FmHA or its successor agency under Public Law 103-354 State Office. The FmHA or its successor agency under Public Law 103-354 District Office will forward the preapplication with written comments within 10 working days to the appropriate State Office.
(3)
A statement declaring that the planning neither duplicates nor conflicts with current activities;
(4)
An original and one copy of Forms FmHA 400-1, “Equal Opportunity Agreement,” and Form FmHA or its successor agency under Public Law 103-354 400-4, “Assurance Agreement;” and
(e)
District and State FmHA or its successor agency under Public Law 103-354 Offices receiving preapplications will:
(1)
Determine if the area to be covered by this project is an “approved designated area” as defined in this subpart;
(3)
Prepare a Historic Preservation Assessment in accordance with part 1901, subpart F, of this chapter.
(f)
District FmHA or its successor agency under Public Law 103-354 Offices receiving preapplications will also provide written comments reflecting planning grant selection criteria listed in this subpart.
(g)
The FmHA or its successor agency under Public Law 103-354 District Office will forward the original of the preapplication and accompanying documents including those described in paragraphs (e)(1) through (e)(3) and (f) of this section to the appropriate FmHA or its successor agency under Public Law 103-354 State Director within 10 working days of receipt of the preapplication.
(h)
Upon receipt of a preapplication, the FmHA or its successor agency under Public Law 103-354 State Office will:
(2)
Consult with the Governor of the appropriate State concerning the Governor's priorities and recommended funding level for the project; and
(3)
Respond to the applicant within 30 days of the date of receipt of the preapplication using Form AD-622, “Notice of Preapplication Review Action,” indicating the action taken on the preapplication.
(i)
Upon notification that the applicant is eligible to compete with other applicants for funding, a SF 424.1 may be submitted to the FmHA or its successor agency under Public Law 103-354 State Office by all applicants.
(j)
The FmHA or its successor agency under Public Law 103-354 State Office will send evidence of the applicant's legal existence and authority to the USDA Regional Office of General Counsel (OGC) and request that a legal determination be made of the applicant's legal existence and authority to prepare growth management and/or housing plans in those cases where an application (SF 424.1) is requested.
(k)
Upon receipt of an application on SF 424.1 by the FmHA or its successor agency under Public Law 103-354 State Office, a docket will be prepared which will include the following:
(3)
Any comments received in accordance with 7 CFR part 3015 subpart V, “Intergovernmental Review of Department of Agriculture Programs and Activities”. See FmHA Instruction 1940-J, available in any FmHA or its successor agency under Public Law 103-354 office.
(5)
Evidence of the applicant's legal existence and authority to prepare growth management and/or housing plans;
(8)
Form FmHA or its successor agency under Public Law 103-354 440-1, “Request for Obligation of Funds;”
(12)
District, where appropriate, and State FmHA or its successor agency under Public Law 103-354 written comments, assessments, and analysis of the proposed projects in accordance with the grant selection criteria; and