1948.84—Application procedure for site development and acquisition grants.
(a)
For those projects for which Federal funding is sought in excess of $100,000 the applicant shall file SF 424.2, “Application for Federal Assistance (For Construction)” with the appropriate FmHA or its successor agency under Public Law 103-354 office. For those projects for which Federal funding is sought for less than $100,000, the applicant shall file SF 424.2 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.
(b)
The FmHA or its successor agency under Public Law 103-354 office receiving a SF 424.2 shall reply to the applicant with-in 45 calendar days regarding the applicant's eligibility to compete for funding under this program using Form AD-622. (FmHA or its successor agency under Public Law 103-354 District offices will send each preapplication to the FmHA or its successor agency under Public Law 103-354 State Offices for review before replying to the applicant. FmHA or its successor agency under Public Law 103-354 District offices will send a copy of Form AD-622 to the FmHA or its successor agency under Public Law 103-354 State Office at the time the AD-622 is sent to the applicant.)
(c)
Intergovernmental consultation should be carried out 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.
(d)
Applicants shall file an original and one copy of SF 424.2, with the appropriate FmHA or its successor agency under Public Law 103-354 office. Local governments and councils of local government shall submit applications to the FmHA or its successor agency under Public Law 103-354 District Office and State governments to the FmHA or its successor agency under Public Law 103-354 State Office. Applications shall include:
(2)
Evidence of ownership of or lease on a site to be developed or “Options to Purchase Real Property,” Form FmHA or its successor agency under Public Law 103-354 440-34, (Lease on a site for a public facility will be in accordance with FmHA Instruction 1942-A and lease on a site for housing will be in accordance with 7 CFR part 3550 );
(3)
Description of project and relationship to approved growth management and housing plan. Applicant must cite pages and section of the approved plan;
(5)
Preliminary plans and specifications on proposed development which will contain an estimate of the projected cost of site development prepared by independent qualified appraisers or architects/engineers;
(9)
An original and one copy of Forms FmHA or its successor agency under Public Law 103-354 400-1 and Form FmHA or its successor agency under Public Law 103-354 400-4;
(10)
Evidence that the land is stable if the land has been previously mined (include relevant data on soil and analysis);
(11)
Assurance that the requirements set forth in title 7, subtitle A, part 21 of the Code of Federal Regulations (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970) have been met.
(12)
Specific concurrence of the Governor if the proposed applicant is neither a council of local governments nor a general purpose political subdivision of a State;
(e)
District and State FmHA or its successor agency under Public Law 103-354 Offices receiving applications shall:
(1)
Determine if the project is in accordance with a FmHA or its successor agency under Public Law 103-354 approved growth management and/or housing plan covering the approved designated area;
(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 applications shall also provide written comments reflecting site development and acquisition grant selection criteria ( § 1948.86) listed in this subpart.
(g)
The FmHA or its successor agency under Public Law 103-354 District Office shall forward the original of the application and accompanying documents including those required in paragraph (e) of this section to the FmHA or its successor agency under Public Law 103-354 State Director within 10 working days of receipt of the application.
(h)
Upon receipt of an application, the FmHA or its successor agency under Public Law 103-354 State Office shall:
(2)
Determine that the project is a part of and consistent with the State Investment Strategy for Energy Impacted Areas;
(3)
Send a copy of the applicant's evidence of legal existence and authority to the USDA Regional OGC for review;
(4)
If applicant is local government(s), consult with the Governor on funding recommendation of the project; and
(i)
Upon receipt of an application by the FmHA or its successor agency under Public Law 103-354 State Office, a docket shall be prepared which shall include the following:
(2)
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.
(8)
An estimate of projected cost of site development prepared by independent qualified appraisers or engineers/architects;
(13)
Form FmHA or its successor agency under Public Law 103-354 1940-20, if required by subpart G of part 1940 of this chapter ;
(14)
A copy of the appropriate FmHA or its successor agency under Public Law 103-354 environmental review required by subpart G of part 1940 of this chapter ;
(17)
District, where appropriate, and State FmHA or its successor agency under Public Law 103-354 written comments, assessments and analysis of the proposed project in accordance with the grant selection criteria.