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FmHA or its successor agency under Public Law 103–354 will evaluate all undertakings for possible HA significance. This subpart covers the following types of undertakings:
(a) Undertakings requiring a historical and archeological assessment. Although the following undertakings are presumed to involve nonfederally owned lands, they may have an effect on properties having HA significance and, therefore, will require a historical and archeological assessment:
(1) Loans and grants for the development of business and industry including guaranteed loans.
(2) Loans and grants for multiple family housing projects of 25 or more dwelling units.
(3) Subdivision plans submitted for approval having 25 or more building sites.
(4) Loans and grants in rural areas to construct, enlarge, extend, or otherwise improve:
(i) Community water, sanitary sewage, solid waste disposal, and storm waste water disposal systems.
(ii) Other essential community facilities such as fire and rescue, health, safety, public buildings, schools, transportation, traffic, and law enforcement.
(5) Loans to develop community irrigation, drainage, and other soil and water conservation and use facilities.
(6) Loans to acquire and develop grazing land for livestock of an association of members.
(7) Loans in areas designated by the Soil Conservation Service (SCS), U.S. Department of Agriculture (USDA), to conserve and develop natural resources and to contribute to economic improvement of the area.
(8) Loans to protect and develop land and water resources in small watersheds.
(9) Loans to permit Indian tribes to buy land within their reservations.
(b) Undertakings presumed not to require a historical and archeological assessment. The following undertakings are generally presumed to involve nonfederally owned lands and not to have an effect on properties of historical and archeological value and will therefore not usually require a historical and archeological assessment. However, when the State Director or County Supervisor finds or has had communication or obtains information from a recognized historical and archeological authority that a specific undertaking may have an effect on a property included or eligible for inclusion in the National Register, a historical and archeological assessment will be made.
(1) Loans to farmers and ranchers in rural areas for the purchase, development, and operation of farms and ranches.
(2) Loans to individual families in rural areas for the purchase, construction, or improvement of single family residences.
(3) Loans and grants for multiple family housing projects of not more than 24 family dwelling units.
(4) Subdivision plans submitted for approval having 24 or less building sites.
(5) Loans to farmers, ranchers, and other rural residents to develop land, water, and other related resources for increased production of food and other crops, improved pastures, feed crops, water facilities for livestock, and improved habitats for fish and wildlife.
(6) Emergency and disaster loans to farmers, ranchers and other rural residents in declared or designated areas as a result of a major or national disaster.
Cite this article: FindLaw.com - Code of Federal Regulations Title 7. Agriculture § 7.1901.254 Scope - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-7-agriculture/cfr-sect-7-1901-254/
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