---
kind: "section"
citation: "7 C.F.R. § 1700.107"
title: "7"
number: "1700.107"
heading: "Considerations relevant to the exercise of SUTA discretionary provisions."
url: "https://uscodex.org/cfr/7/1700.107"
---

# §1700.107. Considerations relevant to the exercise of SUTA discretionary provisions.

- (a) In considering requests to make available financing with an interest rate as low as 2 percent, and extended repayment terms, the Administrator will evaluate the effect of and need for such terms on the finding of financial feasibility.
- (b) In considering a request for a non-duplication waiver, the Administrator will consider the offerings of all existing service providers to determine whether or not granting the non-duplication waiver is warranted. A waiver of non-duplication restrictions will not be given if the Administrator determines as a matter of financial feasibility that, taking into account all existing service providers, an applicant or RUS borrower would not be able to repay a loan or successfully implement a grant agreement. Requests for waivers of non-duplication restrictions will be reviewed by taking the following factors into consideration:
  - (1) The size, extent and demographics of the duplicative area;
  - (2) The cost of service from existing service providers;
  - (3) The quality of available service; and
  - (4) **The ability of the existing service provider to serve the eligible service area.**
- (c) Requests for waivers of matching fund requirements will be evaluated by taking the following factors into consideration:
  - (1) Whether waivers or reductions in matching or equity requirements would make an otherwise financially infeasible project financially feasible;
  - (2) Whether permitting a matching requirement to be met with sources not otherwise permitted in an affected program due to regulatory prohibition may be allowed under a separate statutory authority; and
  - (3) **Whether the application could be ranked and scored as if the matching requirements were fully met.**
- (d) Requests for waivers of credit support requirements will be evaluated taking the following factors into consideration:
  - (1) The cost and availability of credit support relative to the loan security derived from such support;
  - (2) The extent to which the requirement is shown to be a barrier to the applicant's participation in the program; and
  - (3) **The alternatives to waiving the requirements.**
- (e) The Administrator may adapt the manner of assigning highest funding priority to align with the selection methods used for particular programs or funding opportunities.
  - (1) Eligible programs which use priority point scoring may, in a notice of funds availability or similar notice, assign extra points for SUTA eligible applicants as a means to exercise a discretionary authority under this subpart.
  - (2) The Administrator may announce a competitive grant opportunity focused exclusively or primarily on trust lands which incorporates one or more discretionary authorities under this subpart into the rules or scoring for the competition.

## 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.