1、400 7 CFR Ch. XVII (1112 Edition) 1789.167 (2) The Escrow Account from which payment is to be made; (e) A requirement that the Final In-voice for a Task Order be clearly iden-tified as such; (f) A description of the services to be provided by the Consultant to RUS and the applicable time frames for
2、the pro-vision of such services; (g) Agreement that the Borrower shall pay for the Consultant services provided to RUS under the applicable contract through an Escrow Account established pursuant to an Escrow Agreement, the Consultant shall not provide services to RUS under the ap-plicable contract
3、unless there are suffi-cient funds in the Escrow Account to pay for such services, the Consultant shall seek compensation for services provided under the applicable contract from, and only from, funds made avail-able through the Escrow Account, and the Consultant must submit all In-voices to the gov
4、ernment for approval. (h) A form of Escrow Agreement sat-isfactory to the Borrower, Consultant and the designated Third-party Com-mercial Institution; (i) A schedule setting forth when and in what amounts the Borrower shall fund the Escrow Account; (j) Acknowledgment by the Consult-ant of the Indemn
5、ification Agreement provided by the Borrower to the gov-ernment; and (k) The Funding Agreement shall not be effective unless and until approved in writing by RUS. 1789.167 Terms and conditions of es-crow agreement. Escrow Agreements between and among the Borrower, Consultant and Third-party Commerci
6、al Institution shall be in form and substance satisfac-tory to RUS and provide for, among other matters, the following: (a) Specific reference by number to the applicable contract for services; (b) Specific reference by number to the applicable Task Order; (c) Specific reference by number to the Esc
7、row Account into which funds are to be deposited; (d) Invoices to specifically identify the applicable contract and Task Order(s); (e) Funds to be held in the Escrow Account by the escrow agent until paid to the Consultant pursuant to the gov-ernments authorization; (f) The Escrow Account to be clos
8、ed and all remaining funds remitted to the Borrower after payment of the Final Invoice, unless otherwise di-rected by the government; (g) The government, the Consultant and the Borrower to have the right to be informed, in a timely manner and in such form as they may reasonably re-quest, as to the s
9、tatus of and activity in the Escrow Account; and (h) The Escrow Agreement shall not be effective unless and until approved in writing by RUS. 1789.1681789.175 Reserved PART 1792COMPLIANCE WITH OTHER FEDERAL STATUTES, REGU-LATIONS, AND EXECUTIVE OR-DERS Subparts AB Reserved Subpart CSeismic Safety of
10、 Federally Assisted New Building Construction Sec. 1792.101 General. 1792.102 Definitions. 1792.103 Seismic design and construction standards for new buildings. 1792.104 Seismic acknowledgments. AUTHORITY: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.; 42 U.S.C. 7701 et seq.; E.O. 12699 (3 CFR, 1
11、990 Comp., p. 269). SOURCE: 58 FR 32437, June 10, 1993, unless otherwise noted. Subparts AB Reserved Subpart CSeismic Safety of Fed-erally Assisted New Building Construction 1792.101 General. (a) The Earthquake Hazards Reduc-tion Act of 1977 (42 U.S.C. 7701 et seq.) was enacted to reduce risks to li
12、fe and property through the establishment and maintenance of an effective earth-quake hazards reduction program (the National Earthquake Hazards Reduc-tion Program or NEHRP). The Federal Emergency Management Agency VerDate Mar2010 14:02 Feb 02, 2012 Jkt 226023 PO 00000 Frm 00410 Fmt 8010 Sfmt 8010 Q
13、:077V12 ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-401 Rural Utilities Service, USDA 1792.103 (FEMA) is designated as the agency with the primary responsibilities to plan and coordinate the NEHRP. This program includes the devel
14、opment and implementation of feasible design and construction methods to make struc-tures earthquake resistant. Executive Order 12699 of January 5, 1990, Seismic Safety of Federal and Federally As-sisted or Regulated New Building Con-struction (3 CFR, 1990 Comp., p. 269), requires that measures to a
15、ssure seis-mic safety be imposed on federally as-sisted new building construction. (b) This subpart identifies acceptable seismic standards which must be em-ployed in new building construction funded by loans, grants, or guarantees made by the Rural Utilities Service (RUS) or the Rural Telephone Ban
16、k (RTB) (or through lien accommoda-tions or subordinations approved by RUS or RTB). 58 FR 32437, June 10, 1993, as amended at 65 FR 76916, Dec. 8, 2000 1792.102 Definitions. As used in this subpart, the following terms have the following meaning: AdministratorAdministrator of RUS or the Governor of
17、the Rural Telephone Bank or his or her designee. BorrowerAn entity which borrows or seeks to borrow money from, or ar-ranges financing with the assistance of RUS through guarantees, lien accom-modations or lien subordinations. BuildingAny structure, fully or par-tially enclosed, used or intended for
18、 sheltering persons or property. Federally assistedThe provision of fi-nancing assistance by RUS through loans, loan guarantees, grants, and lien accommodations and subordinations. Grant recipientAny entity which re-ceives a grant from RUS. Lien accommodationThe consensual sharing of the governments
19、 (RUSs) lien on property or the release of gov-ernments lien on property. Lien subordinationAgreement that the governments (RUS) lien on prop-erty will rank below the lien of another entity. Model CodeA building code devel-oped for the adoption of local or state authorities or to be used as the basi
20、s of a local or state building code. NEHRPNational Earthquake Haz-ards Reduction Program. RegisteredA person licensed by the State(s) or Authority(ies) to perform architectural or engineering services in the State(s) where construction occurs. RUSRural Utilities Service, and for the purposes of this
21、 subpart, shall in-clude the Rural Telephone Bank. For the purposes of RTB borrowers, as used in this subpart, RUS means RTB and Administrator means Governor. StateEach of the 50 States of the United States, the District of Colum-bia, and territories and possessions of the United States which are au
22、thorized to receive loans, loan guarantees, or grants from RUS. 58 FR 32437, June 10, 1993, as amended at 59 FR 66440, Dec. 27, 1994; 65 FR 76916, Dec. 8, 2000; 69 FR 23642, Apr. 30, 2004 1792.103 Seismic design and con-struction standards for new build-ings. (a) In the design and construction of fe
23、derally assisted buildings, the bor-rowers and grant recipients must uti-lize the seismic provisions of the most recent edition of those standards and practices that are substantially equiva-lent to or exceed the seismic safety level in the 2000 edition of the NEHRP Recommended Provisions for the De
24、-velopment of Seismic Regulation for New Buildings. (b) Each of the following model codes or standards provides a level of seismic safety substantially equivalent to that provided by the 2000 NEHRP Rec-ommended Provisions and are appro-priate for federally assisted new build-ing construction: (1) 20
25、03 NFPA 5000 Building Construc-tion and Safety Code. Copies of the book are available from the NFPA (National Fire Protection Association), 1 Batterymarch Park, Quincy, MA 02269 7471. Telephone: (617) 7703000. Fax: (617) 7700700. (2) 2002 American Society of Civil En-gineers (ASCE) 7, Minimum Design
26、 Loads for Buildings and Other Structures. Copies are available from the American Society of Civil Engineers, Publica-tions Marketing Department, 1801 Al-exander Bell Drive, Reston, VA 20191 4400. E-mail: marketingasce.org. Tele-phone: (800) 5482723. Fax: (703) 2956211. VerDate Mar2010 14:02 Feb 02,
27、 2012 Jkt 226023 PO 00000 Frm 00411 Fmt 8010 Sfmt 8010 Q:077V12 ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-402 7 CFR Ch. XVII (1112 Edition) 1792.104 (3) 2003 International Code Council (ICC) International Building Code (IBC). C
28、opies of the book or CD-ROM are available from the International Con-ference of Building Officials, 4051 West Flossmoor Rd., Country Club Hill, IL 60478. Telephone: (800) 7864452. Fax: (800) 2147167. (c) The NEHRP Recommended Provi-sions for the Development of Seismic Regulations for New Buildings i
29、s avail-able from the Office of Earthquakes and Natural Hazards, Federal Emer-gency Management Agency, 500 C Street, SW., Washington, DC 20472. 69 FR 23642, Apr. 30, 2004, as amended at 71 FR 60658, Oct. 16, 2006 1792.104 Seismic acknowledgments. For each applicable building, bor-rowers and grant re
30、cipients must pro-vide RUS a written acknowledgment from a registered architect or engineer responsible for the building design stating that seismic provisions pursu-ant to 1792.103 of this subpart will be used in the design of the building. (a) For projects in which plans and specifications are req
31、uired to be sub-mitted to RUS, this acknowledgement shall be on the title page of the draw-ings included with the final plans and specifications. This acknowledgement will include the identification and date of the model code or standard that is used in the seismic design of the build-ing project. T
32、he plans and specifica-tions must be dated, signed, and sealed by the registered architect or engineer. (b) For projects in which plans and specifications are not submitted, this acknowledgement shall be in the form of a statement from the architect or engineer responsible for the building design. T
33、he statement shall identify the model code or standard identified that is used in the seismic design of the building or buildings and, shall be dated and signed. 69 FR 23642, Apr. 30, 2004 PART 1794ENVIRONMENTAL POLICIES AND PROCEDURES Subpart AGeneral Sec. 1794.1 Purpose. 1794.2 Authority. 1794.3 A
34、ctions requiring environmental re-view. 1794.4 Metric units. 1794.5 Responsible officials. 1794.6 Definitions. 1794.7 Guidance. 1794.81794.9 Reserved Subpart BImplementation of the National Environmental Policy Act 1794.10 Applicant responsibilities. 1794.11 Apply NEPA early in the planning process.
35、 1794.12 Consideration of alternatives. 1794.13 Public involvement. 1794.14 Interagency involvement and coordi-nation. 1794.15 Limitations on actions during the NEPA process. 1794.16 Tiering. 1794.17 Mitigation. 1794.181794.19 Reserved Subpart CClassification of Proposals 1794.20 Control. 1794.21 Ca
36、tegorically excluded proposals without an ER. 1794.22 Categorically excluded proposals re-quiring an ER. 1794.23 Proposals normally requiring an EA. 1794.24 Proposals normally requiring an EA with scoping. 1794.25 Proposals normally requiring an EIS. 1794.261794.29 Reserved Subpart DProcedure for Ca
37、tegorical Exclusions 1794.30 General. 1794.31 Classification. 1794.32 Environmental report. 1794.33 Agency action. 1794.341794.39 Reserved Subpart EProcedure for Environmental Assessments 1794.40 General. 1794.41 Document requirements. 1794.42 Notice of availability. 1794.43 Agency finding. 1794.44
38、Timing of agency action. 1794.451794.49 Reserved Subpart FProcedure for Environmental Assessments With Scoping 1794.50 Normal sequence. 1794.51 Preparation for scoping. 1794.52 Scoping meetings. 1794.53 Environmental analysis. 1794.54 Agency determination. 1794.551794.59 Reserved VerDate Mar2010 14:02 Feb 02, 2012 Jkt 226023 PO 00000 Frm 00412 Fmt 8010 Sfmt 8010 Q:077V12 ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
