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The Rural Housing Service (RHS), the Rural Business-Cooperative Service (RBCS), and the Rural Utilities Service (RUS), agencies of the Rural Development mission area, hereinafter referred to as the Agency, published a final rule with comment on July 14, 2020 (85 FR 42494) that created a unified guaranteed loan platform for enhanced delivery of four existing guaranteed loan programs: Community Facilities (CF) administered by RHS; Water and Waste Disposal (WWD) administered by RUS; and Business and Industry (B&I) and Rural Energy for America (REAP) administered by the RBCS. The final rule was effective on October 1, 2020, and Rural Development began operating under the new guaranteed loan platform.

Collectively, Rural Development’s guaranteed loan programs work to assist in building and maintaining sustainable rural communities. The Agency has identified areas for revision or clarification and our plan is to issue a fourth final rule with comment to make amendments to the regulation. This OneRD final rule with comment incorporates mostly all administrative revisions intended to simplify, clarify, improve, expand, and enhance the delivery of the four guaranteed loan programs. One such example would be expanding the explanation of what is an acceptable financial statement.  There are no policy changes with this regulation update. There is, however, a policy clarification for 5001.103(a)(3), the Community Facilities Guaranteed Loans, which intends to codify the eligibility requirements for business incubators (when not inherently commercial), thrift stores, and fairgrounds, agricultural exposition centers, farmers markets, food distribution and food banks.  

To implement these changes, Rural Development will publish this action as a final rule with comment. The Administrative Procedures Act exempts from prior notice rules any actions "relating to agency management or personnel or to public property, loans, grants, benefits, or contracts" (5 U.S.C. 553(a)(2)). However, RD will invite the public to participate in the rulemaking process by submitting written comments. RD will consider all of the comments that are received and may conduct additional rulemaking based on the comments received.

The Agency proposes to make these revisions to the policy and procedures which will strengthen oversight and management of the growing CF, WWD, B&I and REAP portfolios. This action is part of a continuing effort by the Agency to improve customer service for its Lender’s and create more efficient work process for its staff.