---
kind: "section"
citation: "7 C.F.R. § 1700.106"
title: "7"
number: "1700.106"
heading: "Discretionary provisions."
url: "https://uscodex.org/cfr/7/1700.106"
---

# §1700.106. Discretionary provisions.

- (a) To improve the availability of eligible programs in eligible communities determined to have a high need for the benefits of an eligible program, the Administrator retains the discretion, on a case-by-case basis, to use any of the following SUTA authorities individually or in combination to:
  - (1) Make available to qualified applicants financing with an interest rate as low as 2 percent;
  - (2) Extend repayment terms;
  - (3) Waive (individually or in combination) non-duplication restrictions, matching fund requirements, and credit support requirements from any loan or grant program administered by RUS; and
  - (4) **Give the highest funding priority to designated projects in substantially underserved trust areas.**
- (b) Requests for waivers of nonduplication restrictions, matching fund requirements, and credit support requirements, and requests for highest funding priority will be reviewed on a case-by-case basis upon written request of the applicant filed pursuant to [7 CFR 1700.108](/cfr/7/1700.108.md).
- (c) Notwithstanding the requirements in [paragraph (b)](#b) of this section, the Administrator reserves the right to evaluate any application for an eligible program for use of the discretionary provisions of this subpart without a formal, written request from the applicant.

## Notes

### Source

Source: 77 FR 35250, June 13, 2012, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 552; 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.; 7 CFR 2.7.

### Source

Source: 63 FR 16085, Apr. 2, 1998, unless otherwise noted.