Rd instruction 1942-a table of Contents




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RD Instruction 1942-A

(Guide 19 - Attachment 9) (Page 21)

(Added 09-16-92, PN 191)

32. ENVIRONMENTAL REQUIREMENTS (Added 09-16-92, PN 191.)


The CONTRACTOR, when constructing a project involving trenching and/or other related earth excavation, shall comply with the following environmental constraints.
32.1 WETLANDS - The CONTRACTOR, when disposing of excess, spoil, or other construction materials on public or private property, WILL NOT FILL IN or otherwise CONVERT WETLANDS.
32.2 FLOODPLAINS - The CONTRACTOR, when disposing of excess, spoil, or other construction materials on public or private property, WILL NOT FILL IN or otherwise CONVERT 100 YEAR FLOODPLAIN areas delineated on the latest FEMA Floodplain Maps.
32.3 HISTORIC PRESERVATION - Any excavation by the Contractor that uncovers an historical or archaeological artifact shall be immediately reported to the PROJECT ENGINEER and a representative of Rural Development. Construction shall be temporarily halted pending the notification process and further directions issued by Rural Development after consultation with the State Historic Preservation Officer (SHPO).
32.4 ENDANGERED SPECIES - The CONTRACTOR shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of the CONTRACTOR, the CONTRACTOR will immediately report this evidence to the PROJECT ENGINEER and a representative of Rural Development. Construction shall be temporarily halted pending the notification process and further directions issued by Rural Development after consultation with the U.S. Fish and Wildlife Service.

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(1-15-79) SPECIAL PN

Guide 20 and 21 not automated see manual

(Guide 22) RD Instruction 1942-A


DELINQUENT ACCOUNTS

POSITIVE ACTION PLAN

__________________________________________________________________________

__________________________________________________________________________

Name of Borrower Case State County


__________________________________________________________________________

__

Type of Loan Insured /_/



__

Guaranteed /_/

__

Direct /_/



Initial Rural Development Debt Unpaid Balance Amt. Delinquent Amt. Annual pmt Amt. Paid
__________________________________________________________________________

__________________________________________________________________________


OTHER DEBTS OWED
To Whom Owed Amount Amount Del. Purpose of Debt How Secure
____________ ___________ ______________ ______________ __________

____________ ___________ ______________ ______________ __________


____________ ___________ ______________ ______________ __________

__________________________________________________________________________

Reason for Delinquency (Explain):

__________________________________________________________________________

__________________________________________________________________________

Option(s) Selection to Remove Delinquency - (Specify Completion Dates for Goals)__

1.

2.



3.

(1-15-79) SPECIAL PN

RD Instruction 1942-A

(Guide 22) (Page 2)


Acknowledgement of the adoption of the positive action plan by:

___________________________ ________ _______________________ ________

Borrower Date Rural Development Date

______________________________________________________________________________



Progress Made Toward Accomplishing Goals: (Give Details & Revised Completion Date)

1.

2.



3.

4.

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(Guide 24) RD Instruction 1942-A

Minimum Suggested

Contents of Management Agreements

1. Manage and operate the project subject to the operating and employment procedures adopted by the owner.

2. Operate facility based on the annual budget and fee schedule adopted by the owner.

3. Set out the handling of funds. All reserve, depreciation, debt payment, and surplus funds should be transferred to the owner on at least a monthly basis.

4. Provide for monthly and annual reports to the owner covering appropriate financial and operational statistics and inspection of books and records by owner and government.

5. Set out the responsibilities for maintenance and amounts of insurance and bonds.

6. Provide for reasonable limits on expenditures for emergency repairs to the facility.

7. Set out the term of the agreement and compensation of the manager including specific positions included in that fee.

8. Set out the remedies for default of the agreement.

9. Require operation in accordance with all Federal, State and local government requirements.

10. For health facilities, require compliance with appropriate third-party requirements such as Medicare-Medicaid.

11. Require the manager to comply with all requirements related to the Federal financial assistance as if it were the recipient of the assistance.

12. Set out responsibilities for obtaining and maintaining all necessary licenses, certifications, and accreditations as may be necessary to operate, maintain, or manage the project.


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(1-15-79) SPECIAL PN

(Guide 25) RD Instruction 1942-A



Joint Policy Statement

Between

The Environmental Protection Agency and Rural Development


The Safe Drinking Water Act (SDWA) was passed on December 16, 1974, to provide for the safety of drinking water supplies throughout the United States by establishing and enforcing national drinking water standards. Congress authorized the Environmental Protection Agency (EPA) to support State and local community drinking water programs by providing financial and technical assistance to undertake research and study efforts. The SDWA, however, did not provide any funds for construction of new water treatment systems or upgrading existing treatment systems to meet the National Interim Primary Drinking Water Regulations.


The National Interim Primary Drinking Water Regulations were published in the Federal Register on December 24, 1975, and became effective on June 24, 1977. The regulations set limits for bacteriology, turbidity and chemical contaminants in finished water. These regulations or equivalent State regulations are applicable to all public water systems defined as one that provides piped water for human consumption and has at least 15 service connections or serves at least 25 people a day for at least 60 days out of the year. There are approximately 50,000 such community water systems in the United States. EPA estimates that some 12,000 community water systems will need additional treatment of some type to meet the current water standards. The majority of these systems are located in small and/or rural communities and thus could qualify for financial assistance through Rural Development of the U.S. Department of Agriculture.
The Rural Development program of loans and grants is designed to assist in the development of water and waste disposal facilities serving rural areas consisting of open country or cities and towns having a population not in excess of 10,000 inhabitants. The Rural Development can provide assistance to a wide range of community based organizations operated on a not-for-profit basis, such as districts, authorities, associations, and Indian tribes that are unable to obtain credit elsewhere at reasonable rates and terms to construct, enlarge, extend, or otherwise improve community water facilities. This may include the extension of existing facilities to provide additional customers with an adequate supply of safe drinking water.
Rural Development and EPA have agreed to adopt the following policy statements as part of the priority system used to determine where, when, and how loans and/or grants are made to eligible communities under 7 CFR Parts 1823 and 1933:

(1-15-79) SPECIAL PN

RD Instruction 1942-A

(Guide 25) (Page 2)

Subpart A - Community Facility Loans or Subpart P - Development Grants for Community Domestic Water and Waste Disposal Systems.
1. Improvements or additions to water treatment systems needed to

meet the requirements of the Safe Drinking Water Act will be accorded priority in determining the commitment of available funds.


2. The quality of drinking water for projects financed in whole or

in part by Rural Development must meet the applicable primary drinking water regulations after completion of any proposed improvements. In those States where primary enforcement responsibility bas been assumed by the State, a certification by the State will be required at the time the final design plans and specifications are reviewed. In all other States, such certification will be made by the consulting engineer and will accompany the final assign plans and specifications when submitted to the appropriate State regulatory agency for review.


Signed:


Environmental Protection Agency Rural Development

/s/ Thomas C. Jorling______________ /s/ Gordon Cavanaugh_________

Thomas C. Jorling Gordon Cavanaugh

Assistant Administrator for Administrator

Water and Hazardous Materials




7/23/78____________________________ 7/13/78_______________________

Date Date



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