[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2023 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 7
Agriculture
________________________
Part 2000 to End
Revised as of January 1, 2023
Containing a codification of documents of general
applicability and future effect
As of January 1, 2023
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. vi
Title 7:
SUBTITLE B--Regulations of the Department of Agriculture
(Continued)
Chapter XVIII--Rural Housing Service, Rural
Business-Cooperative Service, Rural Utilities
Service, and Farm Service Agency, Department of
Agriculture (Continued) 5
Chapter XX [Reserved]
Chapter XXV--Office of Advocacy and Outreach,
Department of Agriculture 23
Chapter XXVI--Office of Inspector General,
Department of Agriculture 43
Chapter XXVII--Office of Information Resources
Management, Department of Agriculture 51
Chapter XXVIII--Office of Operations, Department of
Agriculture 57
Chapter XXIX--Office of Energy Policy and New Uses,
Department of Agriculture 65
Chapter XXX--Office of the Chief Financial Officer,
Department of Agriculture 79
Chapter XXXI--Office of Environmental Quality,
Department of Agriculture 83
Chapter XXXII--Office of Procurement and Property
Management, Department of Agriculture 91
Chapter XXXIII--Office of Transportation, Department
of Agriculture 173
[[Page iv]]
Chapter XXXIV--National Institute of Food and
Agriculture 187
Chapter XXXV--Rural Housing Service, Department of
Agriculture 369
Chapter XXXVI--National Agricultural Statistics
Service, Department of Agriculture 631
Chapter XXXVII--Economic Research Service,
Department of Agriculture 639
Chapter XXXVIII--World Agricultural Outlook Board,
Department of Agriculture 645
Chapter XLI [Reserved]
Chapter XLII--Rural Business-Cooperative Service and
Rural Utilities Service, Department of Agriculture 649
Chapter L--Rural Business-Cooperative Service, Rural
Housing Service, and Rural Utilities Service,
Department of Agriculture 1019
Finding Aids:
Table of CFR Titles and Chapters........................ 1133
Alphabetical List of Agencies Appearing in the CFR...... 1153
List of CFR Sections Affected........................... 1163
[[Page v]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 7 CFR 2003.1 refers
to title 7, part 2003,
section 1.
----------------------------
[[Page vi]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
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Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
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[[Page vii]]
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that volume.
[[Page viii]]
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Oliver A. Potts,
Director,
Office of the Federal Register
January 1, 2023.
[[Page ix]]
THIS TITLE
Title 7--Agriculture is composed of fifteen volumes. The parts in
these volumes are arranged in the following order: Parts 1-26, 27-52,
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1759, 1760-1939, 1940-1949, 1950-1999, and part 2000 to end.
The contents of these volumes represent all current regulations codified
under this title of the CFR as of January 1, 2023.
The Food and Nutrition Service current regulations in the volume
containing parts 210-299 include the Child Nutrition Programs and the
Food Stamp Program. The regulations of the Federal Crop Insurance
Corporation are found in the volume containing parts 400-699.
All marketing agreements and orders for fruits, vegetables and nuts
appear in the one volume containing parts 900-999. All marketing
agreements and orders for milk appear in the volume containing parts
1000-1199.
For this volume, Susannah C. Hurley was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 7--AGRICULTURE
(This book contains part 2000 to end)
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SUBTITLE B--Regulations of the Department of Agriculture (Continued)
Part
chapter xviii--Rural Housing Service, Rural Business-
Cooperative Service, Rural Utilities Service, and Farm
Service Agency, Department of Agriculture (Continued)..... 2003
chapter xx [Reserved]
chapter xxv--Office of Advocacy and Outreach, Department of
Agriculture............................................... 2500
chapter xxvi--Office of Inspector General, Department of
Agriculture............................................... 2610
chapter xxvii--Office of Information Resources Management,
Department of Agriculture................................. 2700
chapter xxviii--Office of Operations, Department of
Agriculture............................................... 2810
chapter xxix--Office of Energy Policy and New Uses,
Department of Agriculture................................. 2900
chapter xxx--Office of the Chief Financial Officer,
Department of Agriculture................................. 3010
chapter xxxi--Office of Environmental Quality, Department of
Agriculture............................................... 3100
chapter xxxii--Office of Procurement and Property
Management, Department of Agriculture..................... 3200
chapter xxxiii--Office of Transportation, Department of
Agriculture............................................... 3300
chapter xxxiv--National Institute of Food and Agriculture... 3400
chapter xxxv--Rural Housing Service, Department of
Agriculture............................................... 3550
[[Page 2]]
chapter xxxvi--National Agricultural Statistics Service,
Department of Agriculture................................. 3600
chapter xxxvii--Economic Research Service, Department of
Agriculture............................................... 3700
chapter xxxviii--World Agricultural Outlook Board,
Department of Agriculture................................. 3800
chapter xli [Reserved]
chapter xlii--Rural Business-Cooperative Service and Rural
Utilities Service, Department of Agriculture.............. 4274
chapter l--Rural Business-Cooperative Service, Rural Housing
Service, and Rural Utilities Service, Department of
Agriculture............................................... 5001
[[Page 3]]
Subtitle B--Regulations of the Department of Agriculture (Continued)
[[Page 5]]
CHAPTER XVIII--RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE
SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT OF
AGRICULTURE (CONTINUED)
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Editorial Note: Nomenclature changes to chapter XVIII appear at 61 FR
1109, Jan. 16, 1996, and 61 FR 2899, Jan. 30, 1996.
SUBCHAPTER I--ADMINISTRATIVE REGULATIONS
Part Page
2000-2002
[Reserved]
2003 Organization................................ 7
2018 General..................................... 17
2045 General..................................... 19
2046-2099
[Reserved]
[[Page 7]]
SUBCHAPTER I_ADMINISTRATIVE REGULATIONS
PARTS 2000 2002 [RESERVED]
PART 2003_ORGANIZATION--Table of Contents
Subpart A_Functional Organization of the Rural Development Mission Area
Sec.
2003.1 Definitions.
2003.2 General.
2003.3-2003.4 [Reserved]
2003.5 Headquarters organization.
2003.6 Office of the Under Secretary.
2003.7-2003.9 [Reserved]
2003.10 Rural Development State Offices.
2003.11-2003.13 [Reserved]
2003.14 Field Offices.
2003.15-2003.16 [Reserved]
2003.17 Availability of information.
2003.18 Functional organization of RHS.
2003.19-2003.21 [Reserved]
2003.22 Functional organization of RUS.
2003.23-2003.25 [Reserved]
2003.26 Functional organization of RBS.
2003.27-2003.50 [Reserved]
Authority: 5 U.S.C. 301; 7 U.S.C. 6941; and 7 CFR 2.17.
Source: 62 FR 67259, Dec. 24, 1997, unless otherwise noted.
Subpart A_Functional Organization of the Rural Development Mission Area
Sec. 2003.1 Definitions.
EEO--the Equal Employment Opportunity Act of 1972, 42 U.S.C. Sec.
2000e et seq.
O&M--Operations and Management.
P&P--Policy and Planning.
RBS--Rural Business-Cooperative Development Service, USDA, or any
successor agency.
RHS--Rural Housing Service, USDA, or any successor agency.
Rural Development--Rural Development mission area of USDA.
RUS--Rural Utilities Service, USDA, or any successor agency.
Secretary--the Secretary of USDA.
USDA--the United States Department of Agriculture.
[62 FR 67259, Dec. 24, 1997, as amended at 84 FR 59923, Nov. 7, 2019]
Sec. 2003.2 General.
The Rural Development mission area of the Department of Agriculture
was established as a result of the Department of Agriculture
Reorganization Act of 1994, Title II of Pub.L. 103-354. Rural
Development's basic organization consists of Headquarters in Washington,
D.C. and 47 State Offices. Headquarters maintains overall planning,
coordination, and control of Rural Development agency programs.
Administrators head RHS, RBS, and RUS under the direction of the Under
Secretary for Rural Development. State Directors head the State Offices
and are directly responsible to the Under Secretary for the execution of
all Rural Development agency programs within the boundaries of their
states.
Sec. Sec. 2003.3-2003.4 [Reserved]
Sec. 2003.5 Headquarters organization.
(a) The Rural Development Headquarters is comprised of:
(1) The Office of the Under Secretary;
(2) Two Deputy Under Secretaries; and,
(3) Three Administrators and their staffs.
(b) The Rural Development Headquarters is located at 1400
Independence Avenue, SW., Washington, DC. 20250-0700
Sec. 2003.6 Office of the Under Secretary.
In accordance with 7 CFR Sec. 2.17 the Secretary has delegated to
the Under Secretary, Rural Development, authority to manage and
administer programs and support functions of the Rural Development
mission area.
(a) Office of the Deputy Under Secretary for P&P. This office is
headed by the Deputy Under Secretary for P&P. The Under Secretary, Rural
Development, has delegated to the Deputy Under Secretary for P&P,
responsibility for formulation and development of short-and long-range
rural development policies of the Department in accordance with 7 CFR
Sec. 2.45. The Deputy Under Secretary for P&P reports directly to the
Under Secretary, Rural
[[Page 8]]
Development, and provides guidance and supervision for research, policy
analysis and development, strategic planning, partnerships and special
initiatives. For budget and accounting purposes, all of the staff
offices under the Deputy Under Secretary for P&P are housed in RBS.
(1) The Budget Analysis Division assesses potential impacts of
alternative policies on the mission area's programs and operations and
develops recommendations for change. The units are headed by the Chief
Budget Officer, who individually serves as the top policy advisor to the
Under Secretary and Deputy Under Secretary on all matters relating to
mission area budget policy.
(2) The Research, Analysis and Information Division analyzes
information on rural conditions and the strategies and techniques for
promoting rural development. The division performs, or arranges to have
conducted, short-term and major research studies needed to formulate
policy.
(3) The Reinvention and Capacity Building Division coordinates the
mission area's strategic planning initiatives, both at the National
level and in the State Offices. The division assists the Rural
Development agencies in their implementation of the Government
Performance and Results Act (GPRA) and special initiatives of the
Administration, USDA, and the Office of the Under Secretary.
(4) The Rural Initiatives and Partnership Division manages the
mission area's involvement and coordination with other Federal and state
departments and agencies to assess rural issues and develop model
partnerships and initiatives to achieve shared rural development goals.
The division is responsible for managing the National Rural Development
Partnership and providing support and oversight of 37 State Rural
Development Councils.
(b) Office of the Deputy Under Secretary for O&M. In accordance with
7 CFR 2.45, the Under Secretary, Rural Development, has delegated to the
Deputy Under Secretary for O&M responsibility for providing leadership
in planning, developing, and administering overall administrative
management program policies and operational activities of the Rural
Development mission area. The Deputy Under Secretary for O&M reports
directly to the Under Secretary, Rural Development.
(1) Office of the Deputy Administrator for O&M. Headed by the Deputy
Administrator for O&M, this office reports directly to the Deputy Under
Secretary for O&M, and is responsible for directing and coordinating the
consolidated administrative and financial management functions for Rural
Development. This office provides overall guidance and supervision for
budget and financial management, human resources management and
personnel services, administrative and procurement services, information
resources management and automated data systems. For budget and
accounting purposes, all of the staff offices under the Deputy
Administrator for O&M are housed in RHS.
(i) Office of the Controller. Headed by the Chief Financial Officer,
this office supports the Deputy Administrator for O&M in executing Rural
Development requirements related to compliance with the Chief Financial
Officers Act of 1990 and provides leadership, coordination, and
oversight of all financial management matters and financial execution of
the budget for the Rural Development agencies. This office also has full
responsibility for Rural Development agencies' accounting, financial,
reporting, and internal controls. The office provides direct oversight
to the Headquarters Budget Division, Financial Management Division, and
the Office of the Assistant Controller, located in St. Louis, Missouri.
(ii) Office of Assistant Administrator for Procurement and
Administrative Services. Headed by the Assistant Administrator for
Procurement and Administrative Services, this office is responsible to
the Deputy Administrator for O&M for overseeing the Procurement
Management Division, the Property and Supply Management Division, and
the Support Services Division:
(A) The Procurement Management Division is responsible for
developing, implementing, and interpreting procurement and contracting
policies for the Rural Development mission area. Major functions include
planning outreach efforts and goals for small and disadvantaged
businesses, providing
[[Page 9]]
staff assistance reviews in State and Local Offices, administering the
Contracting Officer Professionalism Warrant program for Rural
Development agencies, and coordinating the development of Rural
Development's acquisition plans.
(B) The Property and Supply Management Division is responsible for
developing office space acquisition and utilization policies, providing
training to field office leasing officers, administering the Leasing
Officer Warrant program, assuring accessibility compliance in Rural
Development's work sites, administering Rural Development's Physical
Security program, and establishing and providing oversight to the
worksite Energy Conservation program. This office operates a nationwide
supply warehousing and distribution program, and oversees a nationwide
Personal Property Management and Utilization Program, manages the U.S.
Department of Agriculture (USDA) Excess Personal Property Program for
field level activities, and provides direct support services to Rural
Development's St. Louis facilities.
(C) The Support Services Division has responsibility for designing,
developing, administering, and controlling Rural Development's
directives management and issuance system, coordinating Rural
Development's Regulatory Agenda and Regulatory Program submissions to
USDA and OMB, serving as Federal Register liaison, and analyzing and
coordinating regulatory work plans for the Under Secretary. This office
submits Paperwork Reduction Act public burden clearances to OMB,
administers all printing programs, manages Rural Development travel
policies and programs, and manages Freedom of Information Act, Privacy
Act and Tort Claims programs.
(iii) Office of Information Resources Management (IRM). Headed by
the Chief Information Officer, this office is responsible to the Deputy
Administrator for O&M for developing Rural Development's IRM policies,
regulations, standards and guidelines. This office provides overall
leadership and direction to activities assigned to the following four
major divisions:
(A) The Customer Services Division is responsible for direct
customer and technical support (hardware and software).
(B) The Management Services Division coordinates all IRM
acquisition, budget, and policy and planning activities in support of
Rural Development automation.
(C) The Information Technology Division provides support technical
services in the areas of data administration, system integrity
management, research and development, and telecommunications.
(D) The Systems Services Division is responsible for planning,
directing, and controlling activities related to Rural Development's
Automated Information Systems.
(iv) Office of the Assistant Administrator for Human Resources.
Headed by the Assistant Administrator for Human Resources, this office
is responsible to the Deputy Administrator for O&M for the overall
development, implementation, and management, of personnel and human
resources support services for Rural Development. The office provides
direction to the Headquarters Personnel Services, Human Resources
Training and Mission Area Personnel Services Division, and Labor
Relations Staff offices. The office is also responsible for the
establishment of recruitment, retention, and development policies and
programs supporting workforce diversity and affirmative action.
(2) Office of Civil Rights Staff. Headed by a staff director, this
staff has primary responsibility for providing leadership and
administration of the Civil Rights Program for the Rural Development
mission area. The staff conducts on-site reviews of borrowers and
beneficiaries of Federal financial assistance to ensure compliance with
Titles VI and VII of the Civil Rights Act of 1964, as amended, Title
VIII of the Civil Rights Act of 1968, as amended, Section 504 of the
Rehabilitation Act, the Americans with Disabilities Act, and prepares
compliance reports. The staff conducts and evaluates Title VII
compliance visits to insure that EEO programs are adequately
implemented. In addition, the office develops, monitors, and evaluates
Affirmative Employment programs for minorities, women and
[[Page 10]]
persons with disabilities, and coordinates and conducts community
outreach activities at historically black colleges and universities. It
also has oversight of special emphasis programs such as the Federal
Women's Program, Hispanic Emphasis Program, and Black Emphasis Program.
The staff director reports directly to the Deputy Under Secretary for
O&M.
(3) Office of Communications. Headed by a director who reports
directly to the Deputy Under Secretary for O&M, this office has primary
responsibility for tracking legislation and development and institution
of policies to provide public communication and information services
related to the Rural Development. The office maintains a constituent
data base and conducts minority outreach efforts and administers a
public information and media center responsible for media inquiries,
news releases, program announcements, media advisories, and information
retrieval. This office also serves as a liaison with Office of
Congressional Relations (OCR), Office of the General Counsel (OGC), and
other Departmental units involved in Congressional relations and public
information. This office drafts testimony, prepares witnesses, and
provides staff for hearings and markups. In addition, the office briefs
Congressional members and staff on the Rural Development matters,
coordinates Rural Development's legislative activities with other USDA
agencies and OMB and develops and implements legislative strategy. The
staff also coordinates development and production of brochures, press
releases, and other public information materials.
Sec. Sec. 2003.7-2003.9 [Reserved]
Sec. 2003.10 Rural Development State Offices.
(a) Headed by State Directors, State Offices report directly to the
Under Secretary, Rural Development, and are responsible to the three
Rural Development agency Administrators for carrying out agency program
operations at the State level, ensuring adherence to program plans
approved for the State by the Under Secretary, and rendering staff
advisory and manpower support to Area and Local offices. The Rural
Development State Directors, for budget and accounting purposes, are
housed in the RHS agency.
(b) Program Directors within the State Office provide oversight and
leadership on major program functions. Major program functions include:
Single Family and Multi-Family Housing loans and grants, Community
Facility, Water and Waste Disposal, Business and Cooperative, and the
Empowerment Zones and Enterprise Communities (EZ/EC) programs.
(c) The USDA Rural Development State Office locations are as
follows:
------------------------------------------------------------------------
State Location
------------------------------------------------------------------------
Alabama................................... Montgomery, AL
Alaska.................................... Palmer, AK
Arizona................................... Phoenix, AZ
Arkansas.................................. Little Rock, AR
California................................ Woodland, CA
Colorado.................................. Lakewood, CO
Delaware.................................. Camden, DE
Florida................................... Gainesville, FL
Georgia................................... Athens, GA
Hawaii.................................... Hilo, HI
Idaho..................................... Boise, ID
Illinois.................................. Champaign, IL
Indiana................................... Indianapolis, IN
Iowa...................................... Des Moines, IA
Kansas.................................... Topeka, KS
Kentucky.................................. Lexington, KY
Louisiana................................. Alexandria, LA
Maine..................................... Bangor, ME
Massachusetts............................. Amherst, MA
Michigan.................................. East Lansing, MI
Minnesota................................. St. Paul, MN
Mississippi............................... Jackson, MS
Missouri.................................. Columbia, MO
Montana................................... Bozeman, MT
Nebraska.................................. Lincoln, NE
Nevada.................................... Carson City, NV
New Jersey................................ Mt. Holly, NJ
New Mexico................................ Albuquerque, NM
New York.................................. Syracuse, NY
North Carolina............................ Raleigh, NC
North Dakota.............................. Bismarck, ND
Ohio...................................... Columbus, OH
Oklahoma.................................. Stillwater, OK
Oregon.................................... Portland, OR
Pennsylvania.............................. Harrisburg, PA
Puerto Rico............................... Hato Rey, PR
South Carolina............................ Columbia, SC
South Dakota.............................. Huron, SD
Tennessee................................. Nashville, TN
Texas..................................... Temple, TX
Utah...................................... Salt Lake City, UT
Vermont................................... Montpelier, VT
Virginia.................................. Richmond, VA
Washington................................ Olympia, WA
West Virginia............................. Charleston, WV
Wisconsin................................. Stevens Point, WI
Wyoming................................... Casper, WY
------------------------------------------------------------------------
[62 FR 67259, Dec. 24, 1997; 63 FR 3256, Jan. 22, 1998]
[[Page 11]]
Sec. Sec. 2003.11-2003.13 [Reserved]
Sec. 2003.14 Field Offices.
Rural Development field offices report to their respective State
Director and State Office Program Directors. State Directors may
organizationally structure their offices based on the program workloads
within their respective State. Field offices generally are patterned in
a three or two tier program delivery structure. In a three tier system,
Local offices report to an Area office, that reports to the State
Office. In a two tier system, a ``Local'' or ``Area'' office reports to
the State Office. Locations and telephone numbers of Area and Local
Offices may be obtained from the appropriate Rural Development State
Office.
Sec. Sec. 2003.15-2003.16 [Reserved]
Sec. 2003.17 Availability of information.
Information concerning Rural Development programs and agencies may
be obtained from the Office of Communications, Rural Development, U. S.
Department of Agriculture, STOP 0705, 1400 Independence Avenue SW.,
Washington, DC 20250-0705.
Sec. 2003.18 Functional organization of RHS.
(a) General. The Secretary established RHS pursuant to section 233
of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6943).
(b) Office of the Administrator. According to 7 CFR 2.49, the
Administrator has responsibility for implementing programs aimed at
delivering loans and grant assistance to rural Americans and their
communities in obtaining adequate and affordable housing and community
facilities, in accordance with Title V of the Housing Act of 1949 (42
U.S.C. 1471 et seq.) and the Consolidated Farm and Rural Development Act
(7 U.S.C. 1921 et seq.).
(1) Legislative Affairs Staff. The duties and responsibilities of
this staff have now been aligned under the Office of Communication,
headed by a director who reports directly to the Under Secretary for
O&M. The Office of Communication is responsible for providing and
carrying out legislative, public communication, and information services
for the Rural Development mission area.
(2) Office of Program Support Staff. The Program Support Staff is
headed by a staff director who is responsible to the Administrator for
monitoring managerial and technical effectiveness of RHS programs. The
staff coordinates review and analysis of legislation, Executive Orders,
OMB circulars, and Department regulations for their impact on Agency
programs. The staff develops, implements, and reports on architectural
and environmental policies, in cooperation with the Department. Staff
responsibilities also include managing RHS's Hazardous Waste Management
Fund, coordinating the Debarment and Suspension process for RHS,
tracking the use of Program Loan Cost Expense funds, and maintaining the
RHS Internet ``Home Page.''
(3) Office of Deputy Administrator, Single Family Housing. Headed by
the Deputy Administrator, Single Family Housing, this office is
responsible to the Administrator for the development and implementation
of RHS's Single Family Housing programs, which extend supervised housing
credit to rural people of limited resources, for adequate, modest,
decent, safe, and sanitary homes. The office is responsible for
administering and managing sections 502 and 504 Rural Housing direct and
guaranteed loan and grant programs, Rural Housing and Self-Help Site
loans, the Self-Help Technical Assistance grant program, Housing
Application Packaging and Technical and Supervisory Assistance grants,
and Home Improvement and Repaid loans and grants. The office directs the
following three divisions: Single Family Housing Processing Division,
Single Family Housing Servicing and Property Management Division, and
Single Family Housing Centralized Servicing Center in St. Louis, Mo.
(i) Office of Single Family Housing Processing Division. Headed by a
division director, this division is responsible for development and
nationwide implementation of policies on processing Single Family
Housing direct and guaranteed program loans. In addition, the division
provides direction on the following: the Rural Housing Targeted Area
Set-Aside program,
[[Page 12]]
debarments, payment assistance, title clearance and loan closing, site/
subdivision development, Deferred Mortgage Payment Program; construction
defects, credit reports, appraisals, Manufactured Housing, coordinated
assessment reviews, Home Buyer's Counseling/Education Program, and
allocation of loan and grant program funds.
(ii) Office of Single Family Housing Servicing and Property
Management Division. Headed by a division director, this division is
responsible for the development and implementation of nationwide
policies for servicing RHS's multi-billion dollar portfolio of Single
Family Housing loans, and managing and selling Single Family Housing
inventory properties. The division also conducts state program
evaluations, identifies program weaknesses, makes recommendations for
improvements, and identifies corrective actions.
(iii) Office of Single Family Housing Centralized Servicing Center
(CSC)--St. Louis, Missouri. Headed by a director, CSC is responsible for
centrally servicing RHS's multi-billion dollar portfolio of Single
Family Housing loans. CSC provides interest credit or payment assistance
renewals, performs escrow activities for real estate taxes and property
hazard insurance, oversees collection of loan payments, and grants
interest credit, payment assistance, and moratoria.
(4) Office of the Deputy Administrator, Multi-Family Housing
Division. Headed by the Deputy Administrator, Multi-Family Housing, this
office is responsible for the development and nationwide implementation
of RHS's Multi-Family Housing programs, which extend supervised housing
credit to rural residents an opportunity to have decent, safe, and
sanitary rental housing. The following programs are administered and
managed by this office: Section 515 Rural Rental Housing, Rural
Cooperative and Congregate Housing Programs, Section 521 Rental
Assistance, Farm Labor Housing loan and grant programs, Housing
Preservation Grants, rural housing vouchers, and Housing Application
Packaging Grants. This office directs the following two divisions:
(i) Multi-Family Housing Processing Division. Headed by a division
director, this division is responsible for the development and
nationwide implementation of policies on processing Multi-Family Housing
program loans. The division manages the following program areas: elderly
and family rental housing, Farm Labor Housing loans and grants, outreach
contacts, congregate facilities, Housing Preservation Grants,
cooperative housing, rural housing vouchers, appraisals, Congregate
Housing Services Grants, Rental Assistance, Housing Application
Packaging Grants, targeted area and nonprofit set asides, Multi-Family
Housing suspensions and debarments, title clearance and loan closing,
allocation and monitoring of loan and grant funds, adverse decisions and
appeals, commercial credit reports, individual credit reports, and, site
development.
(ii) Multi-Family Housing Portfolio Management Division. Headed by a
division director, this division is responsible for the development and
institution of policies on the management and servicing of the
nationwide Multi-Family Housing programs. The Division implements
current and long range plans for servicing Rural Rental Housing loans,
Labor Housing loans and grants, and Rental Assistance or similar tenant
subsidies.
(5) Office of the Deputy Administrator, Community Programs. Headed
by the Deputy Administrator, Community Programs, this office is
responsible for overseeing the administration and management of
Community Facilities loans and grants to hospitals and nursing homes,
police and fire stations, libraries, schools, adult and child care
centers, etc. The office monitors and evaluates the administration of
loan and grant programs on a nationwide basis and provides guidance and
direction for community programs through two divisions, Community
Programs Loan Processing Division and Servicing and Special Authorities
Division.
(i) Community Programs Loan Processing Division. Headed by a
director, this division is responsible for the overall administration,
policy development, fund distribution, and processing of Community
Facilities loans and grants and other loan and grant programs assigned
to the Division.
[[Page 13]]
(ii) Servicing and Special Authorities Division. Headed by a
division director, this division is responsible for the overall
administration, policy development, and servicing of the Community
Facilities loan and grant programs. The division conducts program
evaluations, identifies program weaknesses, makes recommendations for
improvements, and identifies corrective actions. The division also
administers and services Nonprofit National Corporation loans and
grants.
[62 FR 67259, Dec. 24, 1997, as amended at 64 FR 32388, June 17, 1999]
Sec. Sec. 2003.19-2003.21 [Reserved]
Sec. 2003.22 Functional organization of RUS.
(a) General. The Secretary established RUS pursuant to Sec. 232 of
the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6942).
(b) Office of the Administrator. According to 7 CFR 2.47, the
Administrator has responsibility for managing and administering the
programs and support functions of RUS to provide financial and technical
support for rural infrastructure to include electrification, clean
drinking water, telecommunications, and water disposal systems, pursuant
to the Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1921 et. seq.), and the Rural Electrification Act of 1936, as amended (7
U.S.C. 901 et. seq.). The office develops and implements strategic plans
concerning the Rural Electrification Act of 1936, as amended.
(1) Borrower and Program Support Services. Borrower and Program
Support Services consist of the three following staffs which are
responsible to the Administrator for planning and carrying out a variety
of program and administrative services in support of all RUS programs,
and providing expert advice and coordination for the Administrator:
(i) Administrative Liaison Staff. Headed by a staff director, this
staff advises the Administrator on management issues and policies
relating to human resources, EEO, labor-management partnership,
administrative services, travel management, automated information
systems, and administrative budgeting and funds control.
(ii) Program Accounting Services Division. Headed by a division
director, this division develops and evaluates the accounting systems
and procedures of Electric, Telecommunications, and Water and Wastewater
borrowers; assures that accounting policies, systems, and procedures
meet regulatory, Departmental, General Accounting Office, OMB, and
Treasury Department requirements; examines borrowers' records and
operations, and reviews expenditures of loans and other funds; develops
audit requirements; and approves Certified Public Accountants to perform
audits of borrowers.
(iii) Program and Financial Services Staff. Headed by a staff
director, this staff evaluates the financial conditions of troubled
borrowers, negotiates settlements of delinquent loans, and makes
recommendations to program Assistant Administrators on ways to improve
the financial health of borrowers.
(2) Office of Assistant Administrator--Electric Program. Headed by
the Assistant Administrator--Electric Program, this office is
responsible to the Administrator for directing and coordinating the
Rural Electrification program of RUS nationwide. This office develops,
maintains, and implements regulations and program procedures on
processing and approving loans and loan-related activities for rural
electric borrowers. The office directs the following three divisions:
(i) Electric Regional Divisions. Headed by division directors, these
two divisions are responsible for administering the Rural
Electrification program in specific geographic areas and serving as the
single point of contact for all distribution borrowers. The divisions
provide guidance to borrowers on RUS loan policies and procedures,
maintain oversight of borrower rate actions, and make recommendations to
the Administrator on borrower applications for RUS financing. The
divisions also assure that power plant, distribution, and transmission
systems and facilities are designed and constructed in accordance with
the terms of the loan and proper engineering practices and
specifications.
[[Page 14]]
(ii) Power Supply Division. Headed by a division director, this
division is responsible for administering the Rural Electrification
program responsibilities with regard to power supply borrowers
nationwide and serves as primary point of contact between RUS and all
such borrowers. The division develops and maintains a loan processing
program for Rural Electrification Act purposes, and develops and
administers engineering and construction policies related to planning,
design, construction, operation, and maintenance for power supply
borrowers.
(iii) Electric Staff Division. Headed by a division director, this
division is responsible for engineering activities related to the
design, construction, and technical operations and maintenance of power
plants; distribution of power; and transmission systems and facilities,
including load management and communications. The division develops
criteria and techniques for evaluating the financing and performance of
electric borrowers and forecasting borrowers' future power needs; and
maintains financial expertise on the distribution and power supply loan
program, and retail and wholesale rates.
(3) Office of Assistant Administrator--Telecommunications Program.
Headed by the Assistant Administrator--Telecommunications Program, this
office is responsible to the Administrator for directing and
coordinating the National Rural Telecommunications, Distance Learning,
and Telemedicine programs of RUS. The Assistant Administrator,
Telecommunications Program, is responsible for developing, maintaining,
and implementing regulations and program procedures on the processing
and approval of grants, loans, and loan-related activities for all rural
telecommunications borrowers and grant recipients. The office directs
the following three divisions:
(i) Telecommunications Standards Division. Headed by a division
director, this division is responsible for engineering staff activities
related to the design, construction, and technical operation and
maintenance of rural telecommunications systems and facilities. The
office develops engineering practices, policies, and technical data
related to borrowers' telecommunications systems; and evaluates the
application of new communications network technology, including distance
learning and telemedicine, to rural telecommunications systems.
(ii) Advanced Telecommunications Services Staff. Headed by a staff
director, this staff primarily serves the Assistant Administrator,
Telecommunications Program in the role of the Assistant Governor of the
RTB. The office performs analyses and makes recommendations to the AAT
on issues raised by the RTB Governor, Board of Directors, or RTB
borrowers. This staff maintains official records for the RTB Board and
prepares minutes of RTB Board meetings. The staff director serves as the
Assistant Secretary to the RTB. The staff performs the calculations
necessary to determine the cost of money rate to RTB borrowers and
recommends and develops program- wide procedures for loan and grant
programs. The office is responsible for the Telecommunications Program's
home page on the Internet.
(iii) Telecommunications Area Offices. Headed by area directors,
these four offices are responsible for administering the
Telecommunications, Distance Learning, and Telemedicine programs for
specific geographic areas, and serving as the single point of contact
for all program applicants and borrowers within their respective areas.
The offices provide guidance to applicants and borrowers on RUS loan
policies and procedures and make recommendations to the Administrator on
applications for loans, guarantees, and grants. The offices assure that
borrower systems and facilities are designed and constructed in
accordance with the terms of the loan, acceptable engineering practices
and specifications, and acceptable loan security standards.
(4) Office of the Assistant Administrator--Water and Environmental
Programs. Headed by the Assistant Administrator, Water and Environmental
Programs, this office is responsible to the Administrator for directing
and coordinating a nationwide Water and Waste Disposal Program for RUS
as authorized under Section 306 of the Consolidated Farm and Rural
Development Act, as amended (7 U.S.C. 1926). The office oversees
administration of RUS
[[Page 15]]
policies on making and servicing loans and grants for water and waste
facilities in rural America, and the development of engineering
policies, and practices related to the construction and operation of
community water and waste disposal systems. This office is responsible
for development and coordination of environmental programs with regard
to the Water and Waste Disposal Program and directs the following two
divisions:
(i) Water Programs Division. Headed by the division director, this
division is responsible for administering the Water and Waste Disposal
loan and grant making and servicing and special authorities activities
nationwide. This office also makes allocation of loan and grant funds to
field offices and manages National Office reserves.
(ii) Engineering and Environmental Staff. Headed by a staff
director, this staff is responsible for engineering activities at all
stages of program implementation, including: review of preliminary
engineering plans and specifications, procurement practices, contract
awards, construction monitoring, and system operation and maintenance.
The staff also develops Agency engineering practices, policies, and
technical data related to the construction and operation of community
water and waste disposal systems. The staff is responsible for
coordinating environmental policy and providing technical support in
areas such as: hazardous waste, debarment and suspension, flood
insurance, drug free workplace requirements, and computer program
software.
[62 FR 67259, Dec. 24, 1997, as amended at 84 FR 59923, Nov. 7, 2019]
Sec. Sec. 2003.23-2003.25 [Reserved]
Sec. 2003.26 Functional organization of RBS.
(a) General. The Secretary established RBS pursuant to section 234
of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6944).
(b) Office of the Administrator. According to 7 CFR 2.48, the
Administrator is responsible for managing and administering the programs
and support functions of RBS to provide assistance to disadvantaged
communities through grants and loans and technical assistance to
businesses and communities for rural citizens and cooperatives, pursuant
to the following authorities: the Rural Electrification Act of 1936, as
amended (7 U.S.C. 940c and 950aa et seq.), the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921 et seq.), the Cooperative Marketing
Act of 1926 (7 U.S.C. 451-457), the Agricultural Marketing Act of 1946
(7 U.S.C. 1621-1627), and the Food Security Act of 1985 (7 U.S.C. 1932).
These grants, loans, and technical assistance improve community welfare
by enhancing organizational and management skills, developing effective
economic strategies, and expanding markets for a wide range of rural
products and services.
(1) Resources Coordination Staff. Headed by the staff director, this
staff is responsible to the Administrator for preparing legislative
initiatives and modifications for program enhancement. The staff
monitors legislative and regulatory proposals that potentially impact
RBS functions. The staff serves as liaison on budgetary and financial
management matters between RBS staff and the Office of the Controller,
and assists the Administrator in presenting and supporting RBS's budget
and program plans. The staff also advises the Administrator and RBS
officials on management issues and policies related to: human resources,
labor relations, civil rights, EEO, space, equipment, travel, Senior
Executive Service and Schedule C activities, contracting, automated
information systems, and accounting. The staff provides analysis and
recommendations on the effectiveness of administrative and management
activities, and performs liaison functions between RBS and the Office of
the Deputy Under Secretary for O&M on a wide variety of administrative
functions.
(2) Office of the Deputy Administrator, Business Programs. Headed by
the Deputy Administrator, Business Programs, this office is responsible
to the Administrator for overseeing and coordinating the Business and
Industry Guaranteed and Direct Loan programs, Intermediary Relending
Program loans, Rural Business Enterprise grants, Rural Business
Opportunity grants, Rural Economic Development
[[Page 16]]
loan and grant programs, and the Rural Venture Capital Demonstration
Program. The office participates in policy planning, and program
development and evaluation. It also directs the following three
divisions:
(i) Processing Division. Headed by the division director, this
division is responsible for developing and maintaining loan processing
regulations, and directs the processing and approval of guaranteed and
direct business and industry loans, and the Rural Venture Capital
Demonstration Program. It provides technical assistance to field
employees and borrowers on loan processing and develops approval
criteria and performance standards for loans. The division recommends
plans, programs, and activities related to business loan programs and
provides environmental guidance and support.
(ii) Servicing Division. Headed by the division director, this
office is responsible for developing and maintaining servicing
regulations. It directs and provides technical assistance to field
employees and borrowers on servicing business loans and grants. The
division reviews large, complex, or potentially controversial loan and
grant dockets related to loan servicing and recommends servicing plans,
programs, and activities related to business loan and grant programs.
(iii) Specialty Lenders Division. Headed by the division director,
this office is responsible for directing and developing and maintaining
regulations concerning the processing and approval of Intermediary
Relending loans, Rural Business Enterprise grants, Rural Business
Opportunity grants, and Rural Economic Development loan and grant
programs. The division provides technical assistance to field employees
and borrowers on loan and grant processing and other activities. It also
develops approval criteria and performance standards and recommends
plans, programs, and activities related to business loan and grant
programs.
(3) Office of the Deputy Administrator, Cooperative Services
Programs. Headed by the Deputy Administrator, Cooperative Services
Programs, this office is responsible to the Administrator for providing
service to cooperative associations by administering a program of
research and analysis of economic, social, legal, financial, and other
related issues concerning cooperatives. The office administers programs
to assist cooperatives in the organization and management of their
associations and a program for economic research and analysis of the
marketing aspects of cooperatives. The division administers and monitors
activities of the National Sheep Industry Improvement Center and the
Appropriate Technology Transfer to Rural Areas Program, and the Rural
Cooperative Development Grant Program. The office directs the following
three divisions:
(i) Cooperative Marketing Division. Headed by the division director,
this division is responsible for participating in the formulation of
National policies and procedures on cooperative marketing. The division
conducts research and analysis and gives technical assistance to farmer
cooperatives on cooperative marketing of certain crops, livestock,
aquaculture, forestry, poultry, semen, milk, and dairy products to
improve their market performance and economic position.
(ii) Cooperative Development Division. Headed by the division
director, this division is responsible for participating in the
formulation of National policies and procedures on cooperative
development. The office conducts evaluations and analysis of proposed
new cooperatives to develop plans for implementing feasible operations,
and advises and assists rural resident groups and developing
cooperatives in implementing sound business plans for new cooperatives.
It provides research, analysis, and technical assistance to rural
residents on cooperative development initiatives and strategies to
improve economic conditions through cooperative efforts.
(iii) Cooperative Resource Management Division. Headed by the
division director, this division is responsible for participating in the
formulating of National policies and procedures on cooperative resource
management. The division conducts research and analysis and gives
technical assistance to cooperatives on their overall structure,
[[Page 17]]
strategic management and planning, financial issues, and operational
characteristics to improve their use of resources, financial policies,
and ability to adapt to market conditions. The division conducts
research and analysis of policy, taxation, Federal laws, State statutes,
and common laws that apply to cooperative incorporation, structure, and
operation to assist cooperatives in meeting legal requirements.
(4) Office of the Deputy Administrator, Community Development.
Headed by the Deputy Administrator, Community Development, this office
is responsible to the Under Secretary, Rural Development, for
coordinating and overseeing all functions in the Community Outreach and
Empowerment Program areas. The office assists in providing leadership
and coordination to National and local rural economic and community
development efforts. For appropriation and accounting purposes, this
office is located under RBS. The office directs the following two
divisions:
(i) Empowerment Program Division. Headed by the division director,
this division is responsible for formulating policies and developing
plans, standards, procedures, and schedules for accomplishing RBS
activities related to ``community empowerment programs'', including EZ/
EC, AmeriCorps, and other initiatives. The office develops informational
materials and provides technical advice and services to support States
on community empowerment programs. It also generates information about
rural conditions and strategies and techniques for promoting rural
economic development for community empowerment programs.
(ii) Community Outreach Division. Headed by the division director,
this division is responsible for designing and overseeing overall
systems and developing resources to support State and community level
implementation activities for RBS programs. The office designs program
delivery systems and tools, removes impediments to effective community-
level action, supports field offices with specialized skills, and
establishes partnerships with National organizations with grass-roots
membership to assure that programs and initiatives are designed and
implemented in a way that empowers communities. It develops methods for
working with rural business intermediaries to assist them in providing
technical assistance to new, small business, and provides Internet-based
services to 1890 Land-grant universities, EZ/EC, and AmeriCorps
volunteers, linking RBS information support to communities with high
levels of need.
(5) Alternative Agricultural Research and Commercialization
Corporation. Headed by a director, this Corporation is responsible for
providing and monitoring financial assistance for the development and
commercialization of new nonfood and nonfeed products from agricultural
and forestry commodities in accordance with 7 U.S.C. 5901 et seq. The
Corporation acts as a catalyst in forming private and public
partnerships and promotes new uses of agricultural materials. It expands
market opportunities for U.S. farmers through development of value-added
industrial products and promotes environmentally friendly products. For
budget and accounting purposes, this office is assigned to RBS. The
director of the Corporation is responsible to the Office of the
Secretary.
Sec. Sec. 2003.27-2003.50 [Reserved]
PART 2018_GENERAL--Table of Contents
Subparts A-E [Reserved]
Subpart F_Availability of Information
Sec.
2018.251 General statement.
2018.252 Public inspection and copying.
2018.253 Indexes.
2018.254 Requests for records.
2018.255 Appeals.
2018.256-2018.300 [Reserved]
Authority: 5 U.S.C. 552.
Subparts A-E [Reserved]
Subpart F_Availability of Information
Source: 61 FR 32645, June 25, 1996, unless otherwise noted.
[[Page 18]]
Sec. 2018.251 General statement.
In keeping with the spirit of the Freedom of Information Act (FOIA),
the policy of Rural Development and its component agencies, Rural
Housing Service (RHS), Rural Utilities Service (RUS), and Rural
Business-Cooperative Service (RBS), governing access to information is
one of nearly total availability, limited only by the countervailing
policies recognized by the FOIA.
Sec. 2018.252 Public inspection and copying.
Facilities for inspection and copying are provided by the Freedom of
Information Officer (FOIO) in the National Office, by the State Director
in each State Office, by the Rural Development Manager (formerly,
District Director) in each District Office, and by the Community
Development Manager (formerly, County Supervisor) in each County Office.
A person requesting information may inspect such materials and, upon
payment of applicable fees, obtain copies. Material may be reviewed
during regular business hours. If any of the Rural Development materials
requested are not located at the office to which the request was made,
the request will be referred to the office where such materials are
available.
Sec. 2018.253 Indexes.
Since Rural Development does not maintain any materials to which 5
U.S.C. 552(a)(2) applies, it maintains no indexes.
Sec. 2018.254 Requests for records.
Requests for records are to be submitted in accordance with 7 CFR
1.3 and may be made to the appropriate Community Development Manager,
Rural Development Manager, State Administrative Management Program
Director (formerly, State Administrative Officer), State Director,
Freedom of Information/Privacy Act Specialist, or Freedom of Information
Officer. The last two positions are located in the Rural Development
Support Services Division, Washington, DC 20250. The phrase ``FOIA
REQUEST'' should appear on the outside of the envelope in capital
letters. The FOIA requests under the Farm Credit Programs (formally FmHA
Farmer Programs) should be forwarded to the Farm Service Agency (FSA),
Freedom of Information Officer, Room 3624, South Agriculture Building,
14th & Independence Avenue, SW., Washington, DC 20250-0506. Requests
should be as specific as possible in describing the records being
requested. The FOIO, Freedom of Information/Privacy Act Specialist, each
State Administrative Management Program Director, each State Director,
each Rural Development Manager, and each Community Development Manager
are delegated authority to act respectively at the national, state,
district, or county level on behalf of Rural Development to:
(a) Deny requests for records determined to be exempt under one or
more provisions of 5 U.S.C. 552(b);
(b) Make discretionary releases (unless prohibited by other
authority) of such records when it is determined that the public
interests in disclosure outweigh the public and/or private ones in
withholding; and
(c) Reduce or waive fees to be charged where determined to be
appropriate.
Sec. 2018.255 Appeals.
If all or any part of an initial request is denied, it may be
appealed in accordance with 7 CFR 1.7 to that particular Agency
possessing the documents. Please select the appropriate Agency to
forward your FOIA appeal from the following addresses: Administrator,
Rural Housing Service, Room 5014, AG Box 0701, 14th & Independence
Avenue, SW.--South Building, Washington, DC 20250-0701; Administrator,
Rural Business-Cooperative Service, Room 5045, AG Box 3201, 14th &
Independence Avenue, SW.--South Building, Washington, DC 20250-3201 and
Administrator, Rural Utilities Service, Room 4501, AG Box 1510, 14th &
Independence Avenue, SW.--South Building, Washington, DC 20250-1510. The
phrase ``FOIA APPEAL'' should appear on the front of the envelope in
capital letters.
[[Page 19]]
Sec. Sec. 2018.256-2018.300 [Reserved]
PART 2045_GENERAL--Table of Contents
Subparts A-II [Reserved]
Subpart JJ_Rural Development_Utilization of Gratuitous Services
Sec.
2045.1751 General.
2045.1752 Policy.
2045.1753 Authority to accept gratuitous services.
2045.1754 Scope of gratuitous services performed.
2045.1755 Preparation and disposition of agreement forms.
2045.1756 Records and reports.
Exhibit A to Subpart JJ of Part 2045--Agreement Form
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480.
Source: 43 FR 3694, Jan. 27, 1978, unless otherwise noted.
Subparts A-II [Reserved]
Subpart JJ_Rural Development_Utilization of Gratuitous Services
Sec. 2045.1751 General.
Section 331(b) of the Consolidated Farm and Rural Development Act
(Pub. L. 92-419), and section 506(a) of the Housing Act of 1949, empower
the Secretary of Agriculture to accept and utilize voluntary and
uncompensated services in carrying out the provisions of the above cited
Acts. The Secretary has delegated those authorities to the Administrator
of the Farmers Home Administration (FmHA) or its successor agency under
Public Law 103-354 in 7 CFR 2.70(a) (1) and (2).
Sec. 2045.1752 Policy.
Voluntary and uncompensated (gratuitous) services may be accepted
with the consent of the agency concerned, from the following sources
under the conditions set forth in Exhibit A, ``Agreement for Utilization
of Employee of (Enter Official Title of Governing Body or Other
Authorized Organization) By the Farmers Home Administration or its
successor agency under Public Law 103-354'' (Agreement Form).
(a) Any agency of State government or of any territory or political
subdivision.
(b) Non-profit, educational, and charitable organizations, provided
that no partisan, political, or profit motive is involved either
explicitly or implicitly.
Sec. 2045.1753 Authority to accept gratuitous services.
(a) State Directors, Director, Personnel Division, and Director,
Finance Office, are hereby authorized to accept and utilize gratuitous
services offered by the governmental agencies listed in Sec.
2045.1752(a).
(b) An offer received by an FmHA or its successor agency under
Public Law 103-354 State or County Office from a source listed in Sec.
2045.1752(b) shall be transmitted to the National Office, Attention:
Director, Personnel Division, for decision. The offer will be
accompanied by copies of the Articles of Incorporation and By-laws (if
the organization is incorporated), a statement that the organization
accepts the conditions set forth in the Agreement Form, and evidence
that the organization is financially able to meet the required fiscal
obligations of the agreement.
Sec. 2045.1754 Scope of gratuitous services performed.
(a) Gratuitous services accepted in accordance with this subpart may
be utilized to perform any function performed by regular FmHA or its
successor agency under Public Law 103-354 employees (excluding Committee
members). Such services must not result in the displacement of
employees. Most of the gratuitous services should be performed at the
County Office level and conform to a standard FmHA or its successor
agency under Public Law 103-354 position description. A nonstandard
position description may be developed and used, depending on current
agency needs in a particular office and gratuitous skills available.
(b) Orientation and other training will be provided by FmHA or its
successor agency under Public Law 103-354 so that gratuitous services
may be performed in accordance with current FmHA or its successor agency
under Public Law 103-354 procedure.
[[Page 20]]
(c) Persons performing authorized gratuitous services will be held
to the same standard as regular FmHA or its successor agency under
Public Law 103-354 employees performing similar duties. The issuance of,
and accountability for, identification cards and clearance of employee
accountability will be as prescribed in FmHA or its successor agency
under Public Law 103-354 Instruction 2024-B which is available in all
FmHA or its successor agency under Public Law 103-354 Offices. Such
persons, except Construction Inspectors may, when under direct
supervision of County Supervisors, act as Collection Officers and be
allowed to use receipt books.
[43 FR 3694, Jan. 27, 1978, as amended at 68 FR 61333, Oct. 28, 2003]
Sec. 2045.1755 Preparation and disposition of agreement forms.
(a) Agreements to accept and utilize gratuitous services must be
identical to the attached Exhibit A (Agreement Form) with such
exceptions as may be authorized by the Office of the General Counsel,
Department of Agriculture.
(b) Two copies of each signed Agreement Form will be forwarded to
the Personnel Division. One copy will be retained in the State or
Finance Office.
Sec. 2045.1756 Records and reports.
The FmHA or its successor agency under Public Law 103-354 official
signing the Agreement Form will maintain records to show the names, duty
assignments, time worked and work locations of all persons performing
gratuitous services. Copies of time reports submitted to the persons'
employers should suffice. These records will be necessary to respond to
occasional requests for reports on the acceptance and utilization of
gratuitous services in the FmHA or its successor agency under Public Law
103-354.
Sec. Exhibit A to Subpart JJ of Part 2045--Agreement Form
for utilization of employees of (official title of governing body or
other authorized organization, i.e., pickens county, ala., board of
commissioners)
by the Farmers Home Administration or its successor agency under Public
Law 103-354
1. This Agreement, date ______ between, ____________________, a
(political subdivision), (educational), (charitable), (or nonprofit) an
organization of the State of____________(hereinafter called the Agency)
and the United States of America acting through Farmers Home
Administration or its successor agency under Public Law 103-354, U.S.
Department of Agriculture (hereinafter called the Administration) is
entered into for the purpose of permitting certain employees of the
Agency (hereinafter called the Agency employees) to assist in the
Administration's effort to provide agricultural, housing and other
assistance for rural people of the State of____________in accordance
with Section 331(b) of the Consolidated Farm and Rural Development Act
and Section 506(a), Title V of the Housing Act of 1949.
2. The Administration certifies that it is empowered by the current
Federal laws cited above, and related rules and regulations, to accept
personnel assistance from the Agency as provided in paragraphs 4 and 5
below; and that the work assigned to Agency employees will be useful, in
the public interest, could not otherwise be provided, and will not
result in the displacement of employed workers.
3. The Agency certifies that it has the authority under the laws of
the State of____________to enter into this Agreement and to provide the
services agreed upon in the manner provided for.
4. The Administration hereby supplies the Agency with a narrative
description which is made a part of this Agreement as Attachment ``A,''
explicitly setting forth the duties, knowledge, skills, and abilities to
be required of Agency employees.
5. The Administration agrees to:
(a) Provide training for and responsible supervision of qualified
and acceptable Agency employees in accordance with Attachment ``A.''
(b) Provide work within the State of____________for qualified and
acceptable Agency employees for periods not to exceed eight hours per
day and 40 hours per week.
(c) Provide the office space, tools, equipment, and supplies to be
used by Agency employees in performing work for the Administration.
(d) Report in the Agency, as required, the time worked by and work
accomplishments of Agency employees.
[[Page 21]]
(e) Consult with the Agency, as necessary, on situations involving
delinquency, misconduct, neglect of work, and apparent conflicts of
interest of Agency employees.
(f) Reimburse Agency employees for proper and reasonable travel and
per diem expenses incurred in performing official duties for the
Administration, in accordance with Administration travel regulations.
(g) Consider Agency employees to be Federal employees for the
purposes of the Federal Employees Compensation Act (5 U.S.C. 8101) and
of the Federal Tort Claims Act (28 U.S.C. 2671-2680).
6. The Agency agrees to:
(a) Not discriminate against any employee or applicant for
employment because of race, color, religion, sex, age, marital status,
physical handicap, or national origin. The Agency will take affirmative
action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color,
religion, sex, age, marital status, physical handicap, or national
origin. Such action shall include, but not be limited to, the following
Employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training including apprenticeship. The
Agency will post in conspicuous places, available to employees and
appliants for employment, notices setting forth the provisions of this
nondiscriminating clause.
(b) Obtain fingerprints, police records, and work qualifications
checks on potential assignees, and divulge the results to the
Administration or permit the Administration to obtain this information.
(c) Assign only Agency employees who are acceptable to the
Administration in terms of meeting the same ability and suitability
standards which are applied to Federal employment.
(d) Pay all salaries and other expenses of Agency employees and
comply with Federal, State, and local minimum wage statutes. No monies
will be paid by the Administration under this agreement, either to the
Agency or its employees.
(e) Consider any Tort claims by third parties under applicable laws
and regulations.
(f) Reassign or terminate the assignment of Agency employees upon
request of the Administration.
7. The Agency and the Administration mutually understand and agree
that the reasons for determining that an Agency employee is unacceptable
or unsuitable for initial or continued assignment to Administration work
may include but shall not be limited to the following:
(a) Practicing or appearing to practice discrimination for reasons
of race, color, religion, sex, age, marital status, physical handicap,
or national origin.
(b) Being or becoming involved in real or apparent conflicts of
interest, such as, engaging directly or indirectly in business
transactions with Administration applicants or borrowers, or using or
appearing to use the Administration work assignment for private gain.
(c) Engaging in or having engaged in criminal, dishonest, or immoral
conduct, or conducting himself in a manner which might embarrass or
cause criticism of the Administration.
(d) Being absent from duty without authorization.
(e) Engaging in partisan political activity prohibited to Federal
employees doing similar work.
(f) Lack of work.
(g) Inability of the employee to perform the duties of the
assignment.
8. The term of this Agreement shall commence on the date thereof. It
shall end on________________, unless extended by mutual agreement, or
unless terminated earlier by at least (30) days advanced written notice
by either party to the other.
9. The Agency and the Administration respectively certify, each for
itself, that its officer signing this Agreement is duly authorized
thereto.
(Enter Official Title of Agency, i.e., City Council, Modesto, Calif.)
BY
Chairman, City Council,
Modesto, Calif.
FARMERS HOME
ADMINISTRATION or its successor agency under Public Law 103-354
BY
FmHA or its successor agency under Public Law 103-354 State Director
for ( )
USDA
PARTS 2046 2099 [RESERVED]
CHAPTER XX [RESERVED]
[[Page 23]]
CHAPTER XXV--OFFICE OF ADVOCACY AND OUTREACH, DEPARTMENT OF AGRICULTURE
--------------------------------------------------------------------
Part Page
2500 OAO Federal financial assistance programs--
general award administrative procedures. 25
2502 Agricultural Career and Employment (ACE)
Grants Program.......................... 38
2503-2599
[Reserved]
[[Page 25]]
PART 2500_OAO FEDERAL FINANCIAL ASSISTANCE PROGRAMS_GENERAL AWARD
ADMINISTRATIVE PROCEDURES--Table of Contents
Subpart A_General Information
Sec.
2500.001 Applicability of regulations.
2500.002 Definitions.
2500.003 Other applicable statutes and regulations.
Subpart B_Pre-Award: Solicitation and Proposals
2500.011 Competition.
2500.012 Requests for proposals.
2500.013 Types of proposals.
2500.014 Eligibility requirements.
2500.015 Content of a proposal.
2500.016 Submission of a proposal.
2500.017 Confidentiality of proposals and awards.
2500.018 Electronic submission.
Subpart C_Pre-Award: Proposal Review and Evaluation
2500.021 Guiding principles.
2500.022 Preliminary proposal review.
2500.023 Selection of reviewers.
2500.024 Evaluation criteria.
2500.025 Procedures to minimize or eliminate duplication of effort.
2500.026 Applicant feedback.
Subpart D_Award
2500.031 Administration.
Subpart E_Post-Award and Closeout
2500.041 Payment.
2500.042 Cost sharing and matching.
2500.043 Program income.
2500.044 Indirect costs.
2500.045 Technical reporting.
2500.046 Financial reporting.
2500.047 Project meetings.
2500.048 Review of disallowed costs.
2500.049 Prior approvals.
2500.050 Suspension, termination, and withholding of support.
2500.051 Debt collection.
2500.052 Award appeals procedures.
2500.053 Expiring appropriations.
2500.055 Audit.
2500.056 Civil rights.
Subpart F_Outreach and Assistance for Socially Disadvantaged Farmers and
Ranchers Program
2500.101 Applicability of regulations.
2500.102 Purpose.
2500.103 Definitions.
2500.104 Eligibility requirements.
2500.105 Project types and priorities.
2500.106 Funding restrictions.
2500.107 Matching.
2500.108 Term of award.
2500.109 Program requirements.
Authority: 7 U.S.C. 6934, 7 U.S.C. 2279.
Source: 76 FR 66170, Oct. 26, 2011, unless otherwise noted.
Subpart A_General Information
Sec. 2500.001 Applicability of regulations.
The regulations in subparts A through E of this part apply to the
programs authorized under section 14013 of the FCEA to be administered
within the Office of Advocacy and Outreach (OAO). The purpose of this
part is to set forth regulations for competitive and noncompetitive
grants, cooperative agreements, and other assistance agreements awarded
through OAO.
Sec. 2500.002 Definitions.
Applicant means the entity that has submitted a proposal in response
to an OAO Request For Proposal (RFP).
Authorized Departmental Officer (ADO) means the Secretary or any
employee of the Department with delegated authority to issue or modify
award instruments on behalf of the Secretary.
Authorized Organizational Representative (AOR) means the President
or Chief Executive Officer of the applicant organization or the
official, designated by the President or Chief Executive Officer of the
applicant organization, who has the authority to commit the resources of
the organization to the project.
Award means financial assistance that provides support to accomplish
a public purpose. Awards may be grants, cooperative agreements, or other
assistance agreements.
Award agreement means the agreement between OAO and the awardee
which sets forth the terms and conditions under which the OAO funds will
be made available. Award agreement is used as a general term to describe
grant agreements, cooperative agreements, and other assistance
agreements.
Award closeout means the process by which the award operation is
concluded
[[Page 26]]
at the expiration of the award period or following a decision to
terminate the award.
Award period means the timeframe of the award from the beginning
date to the ending date as defined in the award agreement.
Awardee means the entity designated in the grant agreement,
cooperative agreement, or other assistance agreement as the legal entity
to which the award is given.
Baseline monitoring is the minimum, basic monitoring that will take
place on an ongoing basis throughout the lifetime of every award.
Beginning date means the date the award agreement is executed by the
awardee and OAO and from which costs can be incurred.
Community-based organization means a nongovernmental organization
with a well-defined constituency that includes all or part of a
particular community.
Cooperative agreement means the award of funds to an eligible
awardee to assist in meeting the costs of conducting a project which is
intended and designed to accomplish the purpose of the program as
identified in the RFP, and where substantial involvement is expected
between OAO and the awardee when carrying out the activities included in
the agreement. This agreement may also be referred to more generally as
an award.
Department means the U.S. Department of Agriculture.
Disallowed costs means the use of Federal financial assistance funds
for unauthorized activities or items as stipulated in the applicable
Federal cost principles (2 CFR part 220, 2 CFR part 225, and 2 CFR part
230).
Ending date means the date the award agreement is scheduled to be
completed. It is also the latest date award funds will be provided under
the award agreement, without an approved time extension.
Participant means an individual or entity that participates in
awardee-led activities funded under the award agreement. Furthermore, a
participant is any individual or entity who has applied for, otherwise
participated in, or received a payment, or other benefit as a result of
participating in an activity funded by an OAO award.
Partnering means a joint effort among two or more eligible entities
with the capacity to conduct projects intended and designed to
accomplish the purpose of the program.
Program leader means the program supervisor within OAO.
Project means activities supported under an OAO award.
Project Director (PD) means the individual designated by the awardee
in the proposal and award documentation, and approved by the ADO who is
responsible for the direction and management of the award.
Project Officer (PO) means an individual within OAO who is
responsible for the programmatic oversight of the award on behalf of the
Department.
Request for Proposals (RFP) means an official USDA funding
opportunity. At OAO discretion, funding opportunities may be referred to
as request for proposals, request for applications, notice of funding
availability, or funding opportunity.
Review panel means an evaluation process involving qualified
individuals within the relevant field to give advice on the merit of
proposals submitted to OAO.
Secretary means the Secretary of Agriculture and any other officer
or employee of the Department of Agriculture to whom authority may be
delegated.
Terminate funding means the cancellation of Federal assistance, in
whole or in part, at any time before the ending date.
Sec. 2500.003 Other applicable statutes and regulations.
Several Federal statutes and regulations apply to proposals for
Federal assistance considered for review and to grants and cooperative
agreements awarded by OAO. These include, but are not limited to:
(a) 7 CFR Part 1, Subpart A--USDA implementation of the Freedom of
Information Act;
(b) 7 CFR Part 3--USDA implementation of OMB Circular No. A-129,
regarding debt management;
(c) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as
amended, which prohibits discrimination on the basis of race, color, or
national origin, and 7
[[Page 27]]
CFR part 15, subpart A (USDA implementation);
(d) 2 CFR part 415, General Program Administrative Regulations.
(e) 2 CFR part 416, General Program Administrative Regulations for
Grants and Cooperative Agreements to State and Local Governments.
(f) 2 CFR part 417, Nonprocurement Debarment and Suspension.
(g) 2 CFR part 418, New Restrictions on Lobbying. Imposes
prohibitions and requirements for disclosure and certification related
to lobbying on awardees of Federal contracts, grants, cooperative
agreements, and loans.
(h) 2 CFR part 200, subparts B--General Provisions, C--Pre-Federal
Award Requirements and Contents of Federal Awards, and D--Post-Federal
Award Requirements, as adopted by USDA through 2 CFR part 400.
(i) 2 CFR part 421, Requirements for Drug-Free Workplace (Financial
Assistance).
(j) 2 CFR part 200, subpart F--Audit Requirements, as adopted by
USDA through 2 CFR part 400.
(k) 7 U.S.C. 3318--conferring upon the Secretary general authority
to enter into contracts, grants, and cooperative agreements to further
the research, extension, or teaching programs in the food and
agricultural sciences of the Department of Agriculture.
(l) 29 U.S.C. 794 (Section 504, Rehabilitation Act of 1973) and 7
CFR part 15b (USDA implementation of statute)--prohibiting
discrimination based upon physical or mental handicap in Federally
assisted programs.
(m) 35 U.S.C. 200 et seq.--Bayh-Dole Act, promoting the utilization
of inventions arising from federally supported research or development;
encouraging maximum participation of small business firms in federally
supported research and development efforts; and promoting collaboration
between commercial concerns and nonprofit organizations, including
universities, while ensuring that the Government obtains sufficient
rights in federally supported inventions to meet the needs of the
Government and protect the public against nonuse or unreasonable use of
inventions (implementing regulations are contained in 37 CFR part 401)
(n) Title IX of the Education Amendment of 1972 (20 U.S.C. 1681-1683
and 1685-1686), as amended, which prohibits discrimination on the basis
of sex;
(o) Age Discrimination Act of 1975 (42 U.S.C. 6101-6107), as
amended, which prohibits discrimination on the basis of age;
(p) Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse;
(q) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
(r) Sections 523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. 290dd-3 and 290ee-3), as amended, relating to confidentiality
of alcohol and drug abuse patient records;
(s) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et
seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing;
(t) Any other nondiscrimination provisions in the specific
statute(s) under which proposals for Federal assistance are made, and
the requirements of any other nondiscrimination statute(s) which may
apply to the proposal.
[76 FR 66170, Oct. 26, 2011, as amended at 85 FR 31938, May 28, 2020]
Subpart B_Pre-Award: Solicitation and Proposals
Sec. 2500.011 Competition.
(a) Standards for competition. Except as provided in paragraph (b)
of this section, OAO will enter into discretionary grants or cooperative
agreement only after competition, unless restricted by statute.
(b) Exception. The OAO ADO may make a determination in writing that
competition is not deemed appropriate for a particular transaction. Such
determination shall be limited to transactions where it can be
adequately justified that a noncompetitive award is in the best interest
of the Federal Government and necessary to the goals of the program.
Non-competitive determinations will comply with regulations established
in 7 CFR 3015.158(d).
[[Page 28]]
Sec. 2500.012 Requests for proposals.
(a) General. For each competitive grant or cooperative agreement,
OAO will prepare a program solicitation (also called a request for
proposals (RFP)). The RFP may include all or a portion of the following
items:
(1) Contact information.
(2) Catalog of Federal Domestic Assistance (CFDA) number.
(3) Legislative authority and background information.
(4) Purpose, priorities, and fund availability.
(5) Program-specific eligibility requirements.
(6) Program-specific restrictions on the use of funds, if
applicable.
(7) Matching requirements, if applicable.
(8) Acceptable types of proposals.
(9) Types of projects to be given priority consideration, including
maximum anticipated awards and maximum project lengths, if applicable.
(10) Program areas, if applicable.
(11) Funding restrictions, if applicable.
(12) Directions for obtaining additional requests for proposals and
proposal forms.
(13) Information about how to obtain proposal forms and the
instructions for completing such forms.
(14) Instructions and requirements for submitting proposals,
including submission deadline(s).
(15) Explanation of the proposal evaluation process.
(16) Specific evaluation criteria used in the review process.
(17) Type of Federal assistance awards (i.e., grants or cooperative
agreements).
(b) RFP variations. Where program-specific requirements differ from
the requirements established in this part, program solicitations will
also address any such variation(s). Variations may occur in the
following:
(1) Award management guidelines.
(2) Restrictions on the delegation of fiscal responsibility.
(3) Required approval for changes to project plans.
(4) Expected program outputs and reporting requirements, if
applicable.
(5) Applicable Federal statutes and regulations.
(6) Confidential aspects of proposals and awards, if applicable.
(7) Regulatory information.
(8) Definitions.
(9) Minimum and maximum budget requests and whether proposals
outside of these limits will be returned without further review.
(c) Program announcements. Occasionally, OAO will issue a program
announcement (PA) to alert potential applicants and the public about new
and ongoing funding opportunities. These PAs may provide tentative due
dates and are released without associated proposal packages. No
proposals are solicited under a PA. PAs will be announced in the Federal
Register or on the OAO Web site.
Sec. 2500.013 Types of proposals.
The type of proposal acceptable may vary by funding opportunity. The
RFP will stipulate what will be required for submission to OAO in
response to the funding opportunity.
Sec. 2500.014 Eligibility requirements.
Program-specific eligibility requirements appear in the subpart
applicable to each program and in the corresponding RFPs.
Sec. 2500.015 Content of a proposal.
The RFP provides instructions on how to access a funding
opportunity. The funding opportunity contains the proposal package,
which includes the forms necessary for completion of a proposal in
response to the RFP. The RFP will be posted on http://www.Grants.gov.
OAO may also publish the RFP in the Federal Register.
Sec. 2500.016 Submission of a proposal.
The RFP will provide deadlines for the submission of proposals. OAO
may issue separate RFPs and/or establish separate deadlines for
different types of proposals, different award instruments, or different
topics or phases of the assistance programs. If proposals are not
received by applicable deadlines, they will not be considered for
funding. Exceptions will be considered only when extenuating
circumstances exist, as determined by OAO, and justification and
supporting documentation are provided by the applicant.
[[Page 29]]
Conformance with preparation and submission instructions is required and
will be strictly enforced unless a deviation has been approved. OAO may
establish additional requirements. OAO may return without review
proposals that are not consistent with the RFP instructions.
Sec. 2500.017 Confidentiality of proposals and awards.
(a) General. Names of entities submitting proposals, as well as
proposal contents and evaluations, except to those involved in the
review process, will be kept confidential to the extent permissible by
law.
(b) Identifying confidential and proprietary information in a
proposal. If a proposal contains proprietary information that
constitutes a trade secret, proprietary commercial or financial
information, confidential personal information, or data affecting the
national security, it will be treated in confidence to the extent
permitted by law, provided that the information is clearly marked by the
applicant with the term ``confidential and proprietary information.'' In
addition, the following statement must be included at the bottom of the
project narrative or any other attachment included in the proposal that
contains such information: ``The following pages (specify) contain
proprietary information which (name of proposing organization) requests
not to be released to persons outside the Government, except for
purposes of evaluation.''
(c) Disposition of proposals. By law, OAO is required to make the
final decisions as to whether the information is required to be kept in
confidence. Information contained in unsuccessful proposals will remain
the property of the applicant. However, the Department will retain for
three years one file copy of each proposal received; extra copies will
be destroyed. Public release of information from any proposal submitted
will be subject to existing legal requirements. Any proposal that is
funded will be considered an integral part of the award and normally
will be made available to the public upon request, except for
information designated proprietary by OAO.
(d) Submission of proprietary information. The inclusion of
proprietary information is discouraged unless it is necessary for the
proper evaluation of the proposal. If proprietary information is to be
included, it should be limited, set apart from other text on a separate
page, and keyed to the text by numbers. It should be confined to a few
critical technical items that, if disclosed, could jeopardize the
obtaining of foreign or domestic patents. Trade secrets, salaries, or
other information that could jeopardize commercial competitiveness
should be similarly keyed and presented on a separate page. Proposals or
reports that attempt to restrict dissemination of large amounts of
information may be found unacceptable by OAO and constitute grounds for
return of the proposal without further consideration. Without assuming
any liability for inadvertent disclosure, OAO will limit dissemination
of such information to its employees and, where necessary for the
evaluation of the proposal, to outside reviewers on a confidential
basis.
Sec. 2500.018 Electronic submission.
Applicants and awardees are encouraged, but not required, to submit
proposals and reports in electronic form as prescribed in the RFP issued
by OAO and in the applicable award agreement.
Subpart C_Pre-Award: Proposal Review and Evaluation
Sec. 2500.021 Guiding principles.
The guiding principle for Federal assistance proposal review and
evaluation is to ensure that each proposal is treated in a consistent
and fair manner. After the evaluation process by the review panel, OAO
will provide an opportunity for applicant feedback in as timely a manner
as possible.
Sec. 2500.022 Preliminary proposal review.
Prior to technical examination, a preliminary review will be made of
all proposals for responsiveness to the administrative requirements set
forth in the RFP. Proposals that do not meet the administrative
requirements may be eliminated from program competition. However, OAO
retains the right
[[Page 30]]
to conduct discussions with applicants to resolve technical and/or
budget issues, as deemed necessary by OAO.
Sec. 2500.023 Selection of reviewers.
(a) Requirement. OAO is responsible for performing a review of
proposals submitted to OAO competitive award programs. The RFP will
identify the criteria that OAO will use for the selection of the
proposal review panel.
(b) Confidentiality. The identities of reviewers will remain
confidential to the maximum extent possible. Therefore, the names of
reviewers will not be released to applicants. Names of applicants, as
well as proposal content and evaluation comments will be kept
confidential to the extent permitted by law, except to those involved in
the review process. Reviewers will comply with the above-mentioned
confidentiality guidelines.
(c) Conflicts of interest. During the evaluation process, extreme
care will be taken to prevent any actual or perceived conflicts of
interest that may impact review or evaluation. Reviewers are expected to
be in compliance with the Conflict-of-Interest process made a part of
the RFP.
Sec. 2500.024 Evaluation criteria.
(a) General. To ensure any project receiving funds from OAO is
consistent with the broad goals of the funding program, the content of
each proposal submitted to OAO will be evaluated based on a pre-
determined set of review criteria as indicated in the RFP.
(b) Guidance for reviewers. In order that all potential applicants
for a program have similar opportunities to compete for funds, all
reviewers will receive an orientation from the Program Leader of the
review criteria. Reviewers are instructed to use those same evaluation
criteria, and only those criteria, to judge the merit of the proposals
they review.
Sec. 2500.025 Procedures to minimize or eliminate duplication of effort.
OAO may implement appropriate business processes to minimize or
eliminate the awarding of Federal assistance to projects that
unnecessarily duplicate activities already being sponsored under other
awards, including awards made by other Federal agencies.
Sec. 2500.026 Applicant feedback.
Unsuccessful applicants may submit a request for applicant feedback
in writing to OAO within 10 days after receiving written notice of not
being selected for further processing. Applicant feedback requests are
to be mailed to the Program Leader at the address below, unless
otherwise stated in the ``Notice of Non-Selection'' or in the RFP. At
OAO's discretion, either written or oral feedback will be provided to
unsuccessful applicants.
U.S. Department of Agriculture, Departmental Management, Office of
Advocacy and Outreach, Attn: Program Leader (Applicant Feedback),
Whitten Building, Rm. 520-A, stop 9821, 1400 Independence Avenue, SW.,
Washington, DC 20250-9821.
Subpart D_Award
Sec. 2500.031 Administration.
(a) General. Within the limit of funds available for such purpose,
the OAO ADO shall make Federal assistance awards to those responsible,
eligible applicants whose proposals are judged most meritorious under
the procedures set forth in the RFP. The date specified by the OAO ADO
as the effective date of the award shall be no later than September 30th
of the Federal fiscal year in which the project is approved for support
and funds are appropriated for such purpose, unless otherwise permitted
by law. It should be noted that the project need not be initiated on the
award effective date, but as soon thereafter as practical so that
project goals may be attained within the funded project period. All
funds awarded by OAO shall be expended solely for the purpose for which
the funds are awarded in accordance with the approved statement of work
and budget, the regulations, the terms and conditions of the OAO award
agreement, the applicable Federal cost principles, and the Department's
assistance regulations (e.g., 7 CFR parts 3015, 3016, and 3019).
(b) Award agreement. The award agreement and accompanying terms and
conditions will provide pertinent
[[Page 31]]
instructions and information including, at a minimum, the following:
(1) Legal name and address of performing organization or institution
to which OAO has awarded a grant or cooperative agreement.
(2) Title of project.
(3) Name(s) of Project Director(s).
(4) Identifying award number assigned by OAO.
(5) Project period.
(6) Total amount of OAO financial assistance approved.
(7) Legal authority under which the grant or cooperative agreement
is awarded.
(8) Appropriate CFDA number.
(9) Approved budget plan (that may be referenced).
(10) Terms and Conditions
Subpart E_Post-Award and Closeout
Sec. 2500.041 Payment.
(a) General. All payments will be made in advance unless a deviation
is accepted or as specified in paragraph (b) of this section. All
payments to the awardee shall be made via the approved electronic funds
transfer (EFT) method. Awardees are expected to request funds via the
federally-approved electronic payment system for reimbursement in a
timely manner. Exact payment method will be described in the terms and
conditions of the award agreement.
(b) Reimbursement method. OAO shall use the reimbursement method if
it determines that advance payment is not feasible or that the awardee
does not maintain or demonstrate the willingness to maintain written
procedures that minimize the elapse of time between the transfer of
funds and disbursement by the awardee, and financial management systems
that meet the standards for fund control and accountability.
Sec. 2500.042 Cost sharing and matching.
(a) General. Awardees may be required to match the Federal funds
received under an OAO award. The required percentage of matching, type
of matching (e.g., cash and/or in-kind contributions), sources of match
(e.g., non-Federal), and whether OAO has any authority to waive the
match will be specified in the subpart applicable to the specific
Federal assistance program, as well as in the RFP.
(b) Indirect costs as in-kind matching contributions. Indirect costs
may be claimed under the Federal portion of the award budget. However,
unless explicitly authorized in the RFP, indirect costs may not be
claimed on both the Federal and nonfederal portion of the award budget.
Sec. 2500.043 Program income.
(a) General. OAO shall apply the standards set forth in this subpart
in requiring awardee organizations to account for program income related
to projects financed in whole or in part with Federal funds.
(b) Addition method. Unless otherwise provided in the authorizing
statute, in accordance with the terms and conditions of the award,
program income earned during the project period shall be retained by the
awardee and shall be added to funds committed to the project by OAO and
the awardee and used to further eligible project or program objectives.
Any specific program deviations will be identified in the individual
subparts.
(c) Award terms and conditions. Unless the program regulations
identified in the individual subpart provide otherwise, awardees shall
follow the terms and conditions of the OAO award. Such terms and
conditions will be made a part of the OAO award agreement.
Sec. 2500.044 Indirect costs.
Indirect cost rates for grants and cooperative agreements shall be
determined in accordance with the applicable assistance regulations and
cost principles, unless superseded by another authority.
Sec. 2500.045 Technical reporting.
All projects supported with Federal funds under this part must be
documented according to the terms and conditions of the OAO award
agreement.
Sec. 2500.046 Financial reporting.
(a) SF-425, Federal Financial Report. As stated in the award terms
and conditions of the OAO award agreement, a
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final SF-425, Federal Financial Report, is due 90 days after the
expiration of the award and should be submitted to OAO electronically.
The awardee shall report program outlays and program income on the same
accounting basis (i.e., cash or accrual) that it uses in its normal
accounting system. When submitting a final SF-425, Federal Financial
Report, the total matching contribution, if required, should be shown in
the report. The final SF-425 must not show any unliquidated obligations.
If the awardee still has valid obligations that remain unpaid when the
report is due, it shall request an extension of time for submitting the
report pursuant to paragraph (c) of this section; submit a provisional
report (showing the unliquidated obligations) by the due date; and
submit a final report when all obligations have been liquidated, but no
later than the approved extension date. SF-425, Federal Financial
Reports, must be submitted by all awardees, including Federal agencies
and national laboratories.
(b) Awards with required matching. For awards requiring a matching
contribution, an annual SF-425, Federal Financial Report, is required
and this requirement will be indicated in the terms and conditions of
the OAO award agreement, in which case it must be submitted no later
than 45 days following the end of the budget or reporting period.
(c) After the due date. Requests are considered late when they are
submitted after the 90-day period following the award expiration date.
Requests to submit a late final SF-425, Federal Financial Report, will
only be considered, up to 30 days after the due date, in extenuating
circumstances. This request should include a provisional report pursuant
to paragraph (a) of this section, as well as an anticipated submission
date, a justification for the late submission, and a justification for
the extenuating circumstances. If an awardee needs to request additional
funds, procedures in paragraph (d) of this section apply.
(d) Overdue SF-425, Federal Financial Reports. Awardees with overdue
SF-425, Federal Financial Reports, or other required financial reports
(as identified in the award terms and conditions), will have their
applicable balances in the approved federal electronic funds transfer
system restricted or placed on ``manual review,'' which restricts the
awardee's ability to draw funds, thus requiring prior approval from OAO.
If any remaining available balances are needed by the awardee (beyond
the 90-day period following the award expiration date) and the awardee
has not requested an extension to submit a final SF-425, Financial
Status Report, the awardee will be required to contact OAO to request
permission to draw any additional funds and will be required to provide
justification and documentation to support the draw. Awardees also will
need to comply with procedures in paragraph (c) of this section. OAO
will approve these draw requests only in extenuating circumstances.
(e) Additional reporting requirements. OAO may require forecasts of
Federal cash requirements in the ``Remarks'' section of the report; and
when practical and deemed necessary, OAO may require awardees to report
in the ``Remarks'' section the amount of cash advances received in
excess of three days (i.e., short narrative with explanations of actions
taken to reduce the excess balances). When OAO needs additional
information or more frequent reports, a special provision will be added
to the award terms and conditions and identified in the OAO award
agreement. Should OAO determine that an awardee's accounting system is
inadequate, additional pertinent information to further monitor awards
may be requested from the awardee until such time as the system is
brought up to standard, as determined by OAO. This additional reporting
requirement will be required via a special provision to the award terms
and conditions of the OAO award agreement.
Sec. 2500.047 Project meetings.
In addition to reviewing and monitoring the status of progress and
final technical reports and financial reports, OAO Project Officers may
use regular and periodic conference calls to monitor the awardee's
performance as well as conferences, workshops, meetings, and symposia to
not only monitor the awards, but to facilitate communication and the
sharing of project results.
[[Page 33]]
These opportunities also serve to eliminate or minimize OAO funding of
unneeded duplicative project activities. Required attendance at these
conference calls, conferences, workshops, meetings, and symposia will be
identified in the RFP or award document.
Sec. 2500.048 Review of disallowed costs.
(a) Notice. If the OAO Project Officer (PO) determines that there is
a basis for disallowing a cost, OAO shall provide the awardee written
notice of its intent to disallow the cost. The written notice shall
state the amount of the cost and the factual and legal basis for
disallowing it.
(b) Awardee response. Within 60 days of receiving written notice of
the PO's intent to disallow the cost, the awardee may respond with
written evidence and arguments to show the cost is allowable, or that,
for equitable, practical, or other reasons, shall not recover all or
part of the amount, or that the recovery should be made in installments.
An extension of time will be granted only in extenuating circumstances.
(c) Decision. Within 60 days of receiving the awardee's written
response to the notice of intent to disallow the cost, the PO shall
issue a management decision stating whether or not the cost has been
disallowed, the reasons for the decision, and the method of appeal that
has been provided under this section. If the awardee does not respond to
the written notice under paragraph (a) of this section within the time
frame specified in paragraph (b) of this section, the PO shall issue a
management decision on the basis of the information available to it. The
management decision shall constitute the final action with respect to
whether the cost is allowed or disallowed. In the case of a questioned
cost identified in the context of an audit subject to 7 CFR part 3052,
the management decision will constitute the management decision under 7
CFR 3052.405(a).
(d) Demand for payment. If the management decision under paragraph
(c) of this section constitutes a finding that the cost is disallowed
and, therefore, that a debt is owed to the Government, the PO shall
provide the required demand and notice pursuant to 7 CFR 3.11.
(e) Review process. Within 60 days of receiving the demand and
notice referred to in paragraph (d) of this section, the awardee may
submit a written request to the OAO Director for a review of the final
management decision that the debt exists and the amount of the debt.
Within 60 days of receiving the written request for a review, the OAO
Director will issue a final decision regarding the debt. A review by the
OAO Director or designee constitutes an administrative review for debts
under 7 CFR part 3, subpart F.
Sec. 2500.049 Prior approvals.
(a) Subcontracts. No more than 50 percent of the award may be
subcontracted to other parties without prior written approval of the
ADO. Any subcontract awarded to a Federal agency under an award must
have prior written approval of the ADO. To request approval, a
justification for the proposed subcontractual arrangements, a
performance statement, and a detailed budget for the subcontract must be
submitted to the ADO.
(b) No-cost extensions of time--(1) General. Awardees may initiate a
one-time no-cost extension of the expiration date of the award of up to
12 months unless one or more of the following conditions apply: the
terms and conditions of the award prohibit the extension; the extension
requires additional Federal funds; and the extension involves any change
in the approved objectives or scope of the project. For the first no-
cost extension, the awardee must notify OAO in writing with the
supporting reasons and revised expiration date at least 10 days before
the expiration date specified in the award.
(2) Additional requests for no-cost extensions of time before
expiration date. When more than one no-cost extension of time or an
extension of more than 12 months is required, the extension(s) must be
approved in writing by the PO. The awardee must submit a written
request, which must be received no later than 10 days prior to the
expiration date of the award, to the PO. The request must contain, at a
minimum, the following information: The length of
[[Page 34]]
the additional time required to complete the project objectives and a
justification for the extension; a summary of the progress to date; an
estimate of the funds expected to remain unobligated on the scheduled
expiration date; a projected timetable to complete the portion(s) of the
project for which the extension is being requested; and signature of the
AOR and the PD.
(3) Requests for no-cost extensions of time after expiration date.
OAO may consider and approve requests for no-cost extensions of time up
to 120 days following the expiration of the award. These will be
approved only for extenuating circumstances, as determined by OAO. The
awardee's AOR must submit the requirements identified under paragraph
(b)(2) of this section as well as an ``extenuating circumstance''
justification and a description of the actions taken by the awardee to
minimize these requests in the future.
(4) Other requirements. No-cost extensions of time may not be
exercised merely for the purpose of using unobligated balances.
Sec. 2500.050 Suspension, termination, and withholding of support.
(a) General. If an awardee has failed to materially comply with the
terms and conditions of the award, OAO may take certain enforcement
actions, including, but not limited to, suspending the award pending
corrective action and terminating the award for cause.
(b) Suspension. OAO generally will suspend (rather than immediately
terminate) an award to allow the awardee an opportunity to take
appropriate corrective action before OAO makes a termination decision.
OAO may decide to terminate the award if the awardee does not take
appropriate corrective action during the period of suspension. OAO may
terminate, without first suspending, the award if the deficiency is so
serious as to warrant immediate termination. Termination for cause may
be appealed under the terms and conditions identified in the OAO award
agreement.
(c) Termination. An award also may be terminated, partially or
wholly, by the awardee or by OAO with the consent of the awardee. If the
awardee decides to terminate a portion of the award, OAO may determine
that the remaining portion of the award will not accomplish the purposes
for which the award was originally made. In any such case, OAO will
advise the awardee of the possibility of termination of the entire award
and allow the awardee to withdraw its termination request. If the
awardee does not withdraw its request for partial termination, OAO may
initiate procedures to terminate the entire award for cause.
Sec. 2500.051 Debt collection.
The collection of debts owed to OAO by awardees, including those
resulting from cost disallowances, recovery of funds, unobligated
balances, or other circumstances, are subject to the Department's debt
collection procedures as set forth in 7 CFR part 3, and, with respect to
cost disallowances, Sec. 2500.048.
Sec. 2500.052 Award appeals procedures.
(a) General. OAO permits awardees to appeal certain adverse post-
award administrative decisions made by OAO. Such adverse decisions
include: Termination, in whole or in part, and determination that an
award is void. An award may be terminated for failure of the awardee to
carry out its approved project in accordance with the applicable law and
the terms and conditions of award; or for failure of the awardee
otherwise to comply with any law, regulation, assurance, term, or
condition applicable to the award. Additionally, an award may be
determined to be void if, for example, it was not authorized by statute
or regulation or because it was fraudulently obtained. Appeals of
determinations regarding the allowability of costs are subject to the
procedures in Sec. 2500.048.
(b) Appeal Procedures. The formal notification of an adverse
determination will contain a statement of the awardee's appeal rights.
To appeal an adverse determination, the awardee must submit a request
for review to the OAO official specified in the notification, detailing
the nature of the disagreement with the adverse determination and
providing supporting documents in accordance with the procedures
contained in the notification. The awardee's request to OAO for review
must be received within 60 days after receipt of
[[Page 35]]
the written notification of the adverse determination; however, an
extension may be granted if the awardee can show good cause why an
extension is warranted. OAO will carefully consider the merits of all
requests for appeals and further reviews. However, at the conclusion of
the OAO appeal review process, the OAO decision rendered on the appeal
is considered final. The awardee will be notified in writing by OAO of
final appeal review determinations.
Sec. 2500.053 Expiring appropriations.
(a) OAO awards supported with office appropriations. Most OAO awards
are supported with annual appropriations. On September 30th of the 5th
fiscal year after the period of availability for obligation ends, the
funds for these appropriations accounts expire per 31 U.S.C. 1552 and
the account is closed, unless otherwise specified by law. Funds that
have not been drawn through the approved electronic funds transfer
system, by the awardee or disbursed through any other system or method
by August 31st of that fiscal year are subject to be returned to the
U.S. Department of the Treasury after that date. The August 31st
requirement also applies to awards with a 90-day period concluding on a
date after August 31st of that fifth year. Appropriations cannot be
restored after expiration of the accounts. More specific instructions
are provided in the OAO award terms and conditions.
(b) OAO awards supported with funds from other Federal agencies
(reimbursable funds). OAO may require that all draws and reimbursements
for awards supported with reimbursable funds (from other Federal
agencies) be completed prior to June 30th of the 5th fiscal year after
the period of availability for obligation ends to allow for the proper
billing, collection, and close-out of the associated interagency
agreement before the appropriations expire. The June 30th requirement
also applies to awards with a 90-day period concluding on a date after
June 30th of that fifth year. Appropriations cannot be restored after
expiration of the accounts. More specific instructions are provided in
the terms and conditions of the OAO award agreement.
Sec. 2500.055 Audit.
Awardees must comply with the audit requirements of 7 CFR part 3052.
The audit requirements apply to the years in which Federal financial
assistance funds are received and years in which work is accomplished
using these funds.
Sec. 2500.056 Civil rights.
Awardees must comply with the civil rights requirements of 7 CFR
part 15, subpart A--USDA implementation of Title VI of the Civil Rights
Act of 1964, as amended. In accordance, no person in the United States
shall, on the ground of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the
recipient receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement.
Subpart F_Outreach and Assistance For Socially Disadvantaged Farmers and
Ranchers Program
Sec. 2500.101 Applicability of regulations.
The regulations in this subpart apply to the Outreach and Assistance
for Socially Disadvantaged Farmers and Ranchers (OASDFR) Program
authorized under section 2501 of the Food, Agriculture, Conservation and
Trade Act of 1990 (7 U.S.C. 2279), as amended. Unless otherwise
specified in this subpart, the requirements of 7 CFR part 2500 subparts
A through E will apply in addition to the requirements discussed in this
subpart.
Sec. 2500.102 Purpose.
(a) The purpose of the OASDFR Program is to make competitive awards
to provide outreach and technical assistance to encourage and assist
socially disadvantaged farmers and ranchers in:
(1) Owning and operating farms, ranches and non-industrial forest
lands; and
(2) In participating equitably in the full range of agricultural
programs offered by the Department.
[[Page 36]]
(b) The OASDFR Program awards shall be used exclusively to:
(1) Enhance coordination of the outreach, technical assistance, and
education efforts authorized under agriculture programs;
(2) Assist in reaching current and prospective socially
disadvantaged farmers, ranchers or forest landowners in a linguistically
appropriate manner; and
(3) Improve the participation of those farmers and ranchers in
agricultural programs.
Sec. 2500.103 Definitions.
The definitions provided in subpart A apply to this subpart. In
addition, the definitions that apply specifically to the OASDFR Program
under this subpart include:
Agriculture programs means those programs administered within the
Department, by agencies including but not limited to: Forest Service
(FS), Natural Resources Conservation Service (NRCS), Farm Service Agency
(FSA), Risk Management Agency (RMA), Rural Development (RD), Rural
Business Cooperative Service (RBCS), National Institute of Food and
Agriculture (NIFA), and Agricultural Marketing Service (AMS), and other
such programs as determined by the Department on a case-by-case basis
either at the OAO Director's initiative or in response to a written
request with supporting explanation for inclusion of a program. (For
further details on specific programs included under this subpart see 7
U.S.C. 2279(e)(3) or the RFP).
Alaska Native means a citizen of the United States who is a person
of one-fourth or more Alaska Indian, Eskimo, or Aleut blood, or
combination thereof. (For further specification, see 43 U.S.C 1602(b) or
the RFP).
Alaska Native cooperative colleges means an eligible post-secondary
educational institution that has an enrollment of undergraduate full-
time equivalent students that is at least 20 percent Alaska Native
students at the time of submission of a proposal.
Assistance means providing educational and technical assistance to
socially disadvantaged farmers, ranchers, and forest landowners in (1)
owning and operating farms, ranches, and non-industrial forest lands;
and (2) in participating equitably in the full range of agricultural
programs offered by the Department through workshops, site visits and
other means of contact in a linguistically appropriate manner.
Farmer, rancher, or forest landowner means the person who primarily
cultivates, operates, or manages a farm, ranch, or forest for profit,
either as owner or tenant. A farm includes livestock, dairy, poultry,
fish, fruit, and truck farms. It also includes plantations, ranches,
ranges, and orchards.
Hispanic-serving institution means an eligible institution of higher
education that has an enrollment of undergraduate full-time equivalent
students that is at least 25 percent Hispanic students at the end of the
award year immediately preceding the date of submission of a proposal
(see 20 U.S.C. 1101a(5)).
Indian tribe means any Indian tribe, band, nation, or other
organized group or community, including any Alaska Native village or
regional or village corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (85 Stat. 688) (43 U.S.C. 1601
et seq.), which is recognized as eligible for the special programs and
services provided by the United States to Indians because of their
status as Indians. (For further specification, see 25 U.S.C. 450b).
Indian tribal community college means a post-secondary education
institution which is formally controlled, or has been officially
sanctioned, or chartered, by the governing body of an Indian tribe or
tribes. (See 25 U.S.C. 1801(a)(4)).
Institution of higher education means an educational institution in
any State that is a public or other nonprofit institution that is
legally authorized and accredited by a nationally recognized accrediting
agency or association to provide a program of education beyond secondary
education for which the institution awards a bachelor's degree. (For
further specification, see 20 U.S.C. 1001(a)).
Outreach means the use of formal and informal educational materials
and activities in a linguistically appropriate
[[Page 37]]
manner that serve to encourage and assist socially disadvantaged farmers
and ranchers in:
(1) Owning and operating farms and ranches; and in
(2) Participating equitably in the full range of agricultural
programs offered by the Department.
Socially disadvantaged farmer, rancher or forest landowner means a
farmer, rancher, or forest landowner who is a member of a socially
disadvantaged group. (See 7 U.S.C. 2279(e)(2)).
Socially disadvantaged group means a group whose members have been
subjected to racial or ethnic prejudice because of their identity as
members of a group without regard to their individual qualities. (See 7
U.S.C. 2279(e)(1)).
State means any of the 50 States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands
of the United States, American Samoa, the Commonwealth of the Northern
Mariana Islands, and federally recognized Indian tribes.
Supplemental funding means funding to an existing awardee in
addition to the amount of the original award contained in the grant or
cooperative agreement. Such additional funding is intended to continue
or expand work that is within the scope of the original agreement and
statement of work.
Tribal organization means the recognized governing body of any
Indian tribe. A tribal organization is any legally established
organization of Indians which is controlled, sanctioned, or chartered by
such governing body or which is democratically elected by the adult
members of the Indian community. In any case where an award is made to
an organization to perform services benefiting more than one Indian
tribe, the approval of each participating Indian tribe shall be a
prerequisite to the making of such an award. (See 25 U.S.C. 1603(25).
Sec. 2500.104 Eligibility requirements.
Proposals may be submitted by any of the following:
(a) Any community-based organization, network, or coalition of
community-based organizations that:
(1) Has demonstrated experience in providing agricultural education
or other agriculturally related services to socially disadvantaged
farmers, ranchers, and forest landowners;
(2) Has provided to the Secretary documentary evidence of work with,
and on behalf of socially disadvantaged farmers, ranchers, or forest
landowners during the three-year period preceding the submission of a
proposal for assistance under this program; and
(3) Does not engage in activities prohibited under Section 501(c)(3)
of the Internal Revenue Code of 1986.
(b) An 1890 institution or 1994 institution (as defined in 7 U.S.C.
7601), including West Virginia State University.
(c) An Indian tribal community college or an Alaska Native
cooperative college.
(d) A Hispanic-serving institution (as defined in 7 U.S.C. 3103).
(e) Any other institution of higher education (as defined in 20
U.S.C. 1001) that has demonstrated experience in providing agriculture
education or other agriculturally related services to socially
disadvantaged farmers, ranchers, and forest landowners in a region.
(f) An Indian tribe (as defined in 25 U.S.C. 450b) or a national
tribal organization that has demonstrated experience in providing
agriculture education or other agriculturally-related services to
socially disadvantaged farmers, ranchers, and forest landowners in a
region.
(g) Other organizations or institutions that received funding under
this program before January 1, 1996, but only with respect to projects
that the Secretary considers are similar to projects previously carried
out by the entity under this program.
Sec. 2500.105 Project types and priorities.
For each RFP, OAO may develop and include the appropriate project
types and focus areas based on the critical needs of the socially
disadvantaged farmer and rancher community. For standard OASDFR
projects, competitive grants or cooperative agreements will be awarded
to support programs and services, as appropriate, to encourage and
assist socially disadvantaged
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farmers and ranchers in the following focus areas:
(a) Owning and operating farms and ranches;
(b) Participating equitably in the full range of agricultural
programs offered by the Department; and
(c) Other areas as specified by the Secretary in the RFP.
Sec. 2500.106 Funding restrictions.
Funds made available under this subpart shall not be used for the
construction of a new building or facility or the acquisition,
expansion, remodeling, or alteration of an existing facility (including
site grading and improvement, and architect fees).
Sec. 2500.107 Matching.
Matching funds are not required as a condition of receiving awards
under this subpart.
Sec. 2500.108 Term of award.
The award term will be defined in the OAO award agreement, and can
be later amended upon approval of OAO.
Sec. 2500.109 Program requirements.
Grants and cooperative agreements under this subpart shall address
the priorities in the Department that involve providing outreach and
technical assistance to socially disadvantaged farmers, ranchers, and
forest landowners to own and operate farms and participate equitably in
agricultural programs; and other priorities as determined by the
Secretary.
PART 2502_AGRICULTURAL CAREER AND EMPLOYMENT (ACE) GRANTS PROGRAM--Table of Contents
Subpart A_General Information
Sec.
2502.1 Applicability of regulations.
2502.2 Definitions.
2502.3 Deviations.
Subpart B_Program Eligibility, Services and Delivery
2502.4 Program eligibility.
2502.5 Program benefits and services.
2502.6 Recipients of program benefits or services.
2502.7 Responsibilities of grantees.
Subpart C_Grant Applications and Administration
2502.8 Pre-award, award, and post-award procedures and administration of
grants.
Authority: 7 U.S.C. 2008q-1
Source: 76 FR 69117, Nov. 8, 2011, unless otherwise noted.
Subpart A_General Information
Sec. 2502.1 Applicability of regulations.
(a) This part contains program-specific definitions for the ACE
Grants Program.
(b) Subpart B establishes the criteria to be used in determining
eligibility for an ACE grant award and the requirements for the delivery
of program benefits and services, including who is considered eligible
to receive such benefits and services and what the responsibilities are
of ACE grantees.
(c) Subpart C establishes that, unless otherwise provided herein,
the procedures for applying for ACE grants, the processes to be followed
by OAO in evaluating grant proposals and awarding program funds, and the
procedures for post-award administration of ACE grants are those set
forth in a rule proposed ON DATE to codify provisions at 7 CFR part
2500, subparts A, B, C, D, and E.
Sec. 2502.2 Definitions.
As used in this part (unless otherwise indicated):
Agency means the Office of Advocacy and Outreach (OAO), an agency of
the United States Department of Agriculture (USDA) or a successor
agency.
Agricultural Employer means any person or entity which employs, as
defined in the Migrant and Seasonal Agricultural Worker Protection Act,
29 U.S.C. 1802, individuals engaged in agricultural employment and may
include farmers, ranchers, dairy operators, agricultural cooperatives,
and farm labor contractors.
Agricultural Employment means any service or activity as defined in
the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C.
1802, including any activity defined as ``agriculture'' in Section 3(f)
or the Fair Labor Standards Act of 1938, 29 U.S.C.
[[Page 39]]
203(f), any activity defined as ``agricultural labor'' in 26 U.S.C.
3121(g) (the Internal Revenue Code); as well as the handling, planting,
drying, packing, packaging, processing, freezing, or grading prior to
delivery for storage of any agricultural or horticultural commodity in
its unmanufactured state. Authorized Departmental Officer (ADO) means
the individual, acting within the scope of delegated authority, who is
responsible for executing and administering awards on behalf of the U.S.
Department of Agriculture.
Community-based organization means a non-governmental organization
with a well-defined constituency that includes all or part of a
particular community.
Consortium means a group formed by entities with similar goals and
objectives for the purpose of pooling resources to undertake a project
that would otherwise be reasonably beyond the capabilities of any one
member.
Eligible entity, as described in section 379C(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2008q(a)), means a non-profit
organization, or a consortium of nonprofit organizations,
agribusinesses, State and local governments, agricultural labor
organizations, farmer or rancher cooperatives, and community-based
organizations with the capacity to train farm workers.
Farmworker means an individual hired to perform agricultural
employment, including migrant, seasonal, and hired family farm workers.
The term farmworker includes individuals who are not currently employed
as a farmworker but who are actively seeking work as such. The term does
not include agricultural employers or individuals who are self-employed.
Grantee means the organization designated in the grant award
document as the responsible legal entity to which a grant is awarded.
Legally present in the United States shall have the same meaning as
the term ``lawfully present'' in the United States as defined at 8 CFR
103.12(a) (addressing eligibility for Title II Social Security benefits
under Pub. L. 104-193).
Notice of Funding Availability (NOFA) means a notice published in
the Federal Register announcing the availability of money for the grants
program which lists the application deadlines, eligibility requirements
and locations where interested parties can get help in applying.
Office of Advocacy and Outreach (OAO) means the Office of Advocacy
and Outreach, an office within the USDA's Departmental Management.
Request for Proposal (RFP) refers to a grant competition and is used
interchangeably with the phrase grant application notice and
solicitation for grant applications (SFA).
Retaining an agricultural job means continuing agricultural
employment, including upgraded employment.
Returning from an agricultural job means returning to a home area
from a position in agricultural employment.
Secretary means the Secretary of Agriculture and any other officer
or employee of the United States Department of Agriculture to whom the
authority involved is delegated.
Securing an agricultural job means obtaining agricultural
employment.
State means any of the States of the United States, the District of
Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam.
United States worker (U.S. worker) shall have the same meaning as
the term U.S. worker defined by the Department of Labor at 20 CFR 655.4.
Upgrading an agricultural job means advancement to a position in
agricultural employment which offers more hours of work and/or better
terms and conditions of employment and/or an increase in wages.
Sec. 2502.3 Deviations.
Any request by the applicant or grantee for a waiver or deviation
from any provision of this part shall be submitted to the ADO identified
in the agency specific requirements. OAO shall review the request and
notify the applicant/grantee whether the request to deviate has been
approved within 30 calendar days from the date of receipt of the
deviation request. If the deviation request is still under consideration
at the end of 30 calendar days, OAO shall inform the applicant/grantee
in writing of the date when the applicant/grantee may expect the
decision.
[[Page 40]]
Subpart B_Program Eligibility, Services and Delivery
Sec. 2502.4 Program eligibility.
(a) Entities eligible to apply for and receive a grant under this
part include:
(1) A non-profit organization;
(2) A consortium of nonprofit organizations; or
(3) A consortium which includes a non-profit organization(s) and one
or more of the following: agribusinesses, State and local governments,
agricultural labor organizations, farmer or rancher cooperatives, and
community-based organizations with the capacity to train farm workers.
(b) Additional information about eligible entities may be included
in the RFP. In addition, the RFP will specify the criteria by which an
entity's capacity to train farm workers will be evaluated, but at a
minimum, the entity shall be required to demonstrate that it has:
(1) An understanding of the issues facing hired farmworkers and
conditions under which they work;
(2) Familiarity with the agricultural industry in the geographic
area to be served, including agricultural labor needs and existing
services for farmworkers; and
(3) The capacity to effectively administer a program of services and
benefits authorized by the ACE program.
(c) An applicant will be required to submit information to OAO, as
specified in the RFP and/or FOA as part of the grant application.
Sec. 2502.5 Program benefits and services.
(a) The ACE grants program will be centrally administered by the
USDA in a manner consistent with these regulations, as well as the
pertinent requirements of 7 CFR part 3015, 7 CFR part 3016, 7 CFR part
3018, 7 CFR part 3019 and 7 CFR 3052.
(b) The Office of Advocacy and Outreach (OAO) has been designated as
the organizational unit responsible for administering the ACE program,
including, among other things, determining the number and amount of
grants to be awarded, the purposes for the grants to be awarded, as well
as the criteria for the evaluation and award of grants.
(c) Services and benefits provided under the ACE grants program are
limited to those which will assist eligible farmworkers in securing,
retaining, upgrading or returning from agricultural jobs.
(d) Such services will include the following:
(1) Agricultural labor skills development
(2) Provision of agricultural labor market information:
(3) Transportation:
(4) Short-term housing while in transit to an agricultural worksite;
(5) Workplace literacy and assistance with English as a second
language;
(6) Health and safety instruction, including ways of safeguarding
the food supply of the United States;
(7) Such other services as the Secretary deems appropriate.
(e) Grant funds shall not be used to deliver or replace any services
or benefits which an agricultural employer, association, contractor, or
any other entity is legally obliged to provide.
Sec. 2502.6 Recipients of program benefits or services.
(a) Those eligible to receive program services or benefits under the
ACE program are farmworkers who meet the definition of ``United States
Workers'' as set forth in Sec. 2502.2 of this part.
(b) Grantees shall be responsible for verifying the employment of
farmworkers who are actively employed and are seeking to participate in
program services or benefits. Unemployed farmworkers seeking to
participate shall be required to certify to grantees that they are
eligible for program services and benefits as provided herein.
Additional eligibility requirements may be included in the RFP.
Sec. 2502.7 Responsibilities of grantees.
Each grantee is responsible for providing services and/or benefits
authorized by this program in accord with a service delivery strategy
described in its approved grant plan. The services must reflect the
needs of the relevant farmworker population in the area to be served and
be consistent with the
[[Page 41]]
goals of assisting farmworkers in securing, retaining, upgrading, or
returning from agricultural jobs. The necessary components of a service
delivery strategy and grant plan will be fully set forth in an RFP but
the plan shall include, at a minimum, the following:
(a) The employment and education needs of the farmworker population
to be served;
(b) The manner in which the proposed services to be delivered will
assist agricultural employers and farmworkers in securing, retaining,
upgrading or returning from agricultural jobs;
(c) The manner in which the proposed services will be coordinated
with other available services;
(d) The number of participants the grantee expects to serve for each
service provided, the results expected and the anticipated expenditures
for each category of service.
Subpart C_Grant Applications and Administration
Sec. 2502.8 Pre-award, award, and post-award procedures and
administration of grants.
(a) Unless otherwise provided in this rule, the requirements
governing pre-award solicitation and submission of proposals and/or
applications, the review and evaluation of such, the award of grant
funds, and post-award and close-out procedures are those set forth at 7
CFR part 2500, subparts A, B, C, D, and E.
(b) For purposes of the ACE Grants Program, the provisions of
Subpart E, at 7 CFR 2500.49, ``Prior Approvals,'' shall not apply. In
lieu of that provision, the following requirements shall apply: Awardees
may not subcontract more than 20 percent of the award to other parties
without prior written approval of the ADO. To request approval, a
justification for the proposed subcontract, a performance statement, and
a detailed budget for the subcontract must be submitted in writing to
the ADO.
PARTS 2503 2599 [RESERVED]
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CHAPTER XXVI--OFFICE OF INSPECTOR GENERAL, DEPARTMENT OF AGRICULTURE
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2620 Availability of information to the public... 49
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PARTS 2600 2609 [RESERVED]
PART 2610_ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY--Table of Contents
Sec.
2610.1 General statement.
2610.2 Headquarters organization.
2610.3 Regional organization.
2610.4 Requests for service.
2610.5 Delegations of authority.
Authority: 5 U.S.C. 301, 552; Inspector General Act of 1978, as
amended, 5 U.S.C. app.; 7 U.S.C. 2270.
Source: 81 FR 93574, Dec. 21, 2016, unless otherwise noted.
Sec. 2610.1 General statement.
(a) The Inspector General Act of 1978, as amended, 5 U.S.C. app. (IG
Act), established an Office of Inspector General (OIG) in the U.S.
Department of Agriculture (USDA) and transferred to it the functions,
powers, and duties of offices referred to in the Department as the
``Office of Investigation'' and the ``Office of Audit,'' previously
assigned to the OIG created by the Secretary's Memoranda 1915 and 1727,
dated March 23, 1977, and October 5, 1977, respectively. Under the IG
Act, OIG was established as an independent and objective unit, headed by
the Inspector General (IG), who is appointed by the President and
reports to and is under the general supervision of the Secretary.
(b) OIG conducts and supervises audits and investigations relating
to Department programs and operations; provides leadership and
coordination and recommends policies for activities designed to promote
economy, efficiency, and effectiveness in the administration of, and to
prevent and detect fraud and abuse in, such programs and operations; and
provides a means for keeping the Secretary of Agriculture and the
Congress fully and currently informed about problems and deficiencies
relating to the administration of such programs and operations and the
necessity for and progress of corrective action.
(c) The IG has specific duties, responsibilities, and authorities
pursuant to the IG Act, including to:
(1) Provide policy direction for, and conduct, supervise, and
coordinate audits and investigations relating to USDA programs and
operations.
(2) Review existing and proposed legislation and regulations related
to USDA programs and operations and make recommendations to the
Secretary and the Congress on the impact such laws or regulations will
have on the economy and efficiency of program administration or in the
prevention and detection of fraud and abuse in USDA programs and
operations.
(3) Recommend policies for, and conduct, supervise, or coordinate
other activities carried out or financed by USDA for the purpose of
promoting economy and efficiency in the administration of, or preventing
and detecting fraud and abuse, in USDA programs and operations.
(4) Recommend policies for, and conduct, supervise, or coordinate
relationships between, USDA and other Federal, State, and local
governmental agencies and nongovernmental entities regarding the
promotion of economy and efficiency, prevention of fraud and abuse, or
the identification and prosecution of participants in fraud and abuse.
(5) Keep the Secretary and the Congress fully and currently informed
about problems, abuses, and deficiencies, and the necessity for and
progress of corrective actions in the administration of USDA programs
and operations.
(6) Report expeditiously to the Attorney General any matter where
there are reasonable grounds to believe there has been a violation of
Federal criminal law.
(7) Have access to all records, reports, audits, reviews, documents,
papers, recommendations, or other material available to the Department
which relate to programs and operations for which the IG has
responsibility.
(8) Make such investigations and reports relating to the
administration of USDA programs and operations as are, in the judgment
of the IG, necessary or desirable.
(9) Request such information or assistance as may be necessary for
carrying out the duties and responsibilities of the IG Act from any
Federal,
[[Page 46]]
State, or local governmental agency or unit thereof.
(10) Issue subpoenas for the production of information, documents,
reports, answers, records, accounts, papers, and other data in any
medium (including electronically stored information, as well as any
tangible thing) and documentary evidence necessary in the performance of
functions assigned by the IG Act, except that procedures other than
subpoenas shall be used to obtain documents and information from Federal
agencies.
(11) Whenever necessary in the performance of functions assigned by
the IG Act, administer to or take from any person an oath, affirmation,
or affidavit, which shall have the same force and effect as if
administered or taken by or before an officer having a seal.
(12) Have direct and prompt access to the Secretary when necessary
for any purpose pertaining to the performance of functions and
responsibilities under the IG Act.
(13) Select, appoint, and employ necessary officers and employees in
OIG in accordance with laws and regulations governing the civil service,
including an Assistant Inspector General for Audit (AIG/A) and an
Assistant Inspector General for Investigations (AIG/I).
(14) Obtain services as authorized by 5 U.S.C. 3109.
(15) Enter into contracts and other arrangements for audits,
inspections, studies, analyses, and other services with public agencies
and private persons, and make such payments as may be necessary to carry
out the provisions of the IG Act, to the extent and in such amounts as
may be provided in advance by an appropriation act.
(16) Receive and investigate complaints or information from any
Department employee concerning the possible existence of an activity
constituting a violation of law, rules, or regulations, or
mismanagement, gross waste of funds, abuse of authority, or a
substantial and specific danger to the public health and safety.
(17) Designate a Whistleblower Protection Ombudsman, who will
educate Department employees about prohibitions on retaliation for
protected disclosures; and who have made or are contemplating making a
protected disclosure about the rights and remedies against retaliation
for protected disclosures.
(d) Pursuant to Sec. 2.33 of this title, the Secretary has made the
following delegations of authority to the IG:
(1) Advise the Secretary and General officers in the planning,
development, and execution of Department policies and programs.
(2) At the request of the Secretary's security office, determine the
availability of OIG law enforcement personnel to assist the security
office in providing for the personal security of the Secretary and
Deputy Secretary.
(3) Serve as liaison official for the Department for all audits of
USDA performed by the Government Accountability Office.
(e) The IG, under section 1337 of the Agriculture and Food Act of
1981, Public Law 97-98, 7 U.S.C. 2270, and pursuant to rules issued by
the Secretary in part 1a of this title, has the authority to:
(1) Designate OIG employees who investigate alleged or suspected
felony criminal violations of statutes administered by the Secretary of
Agriculture or any agency of USDA, when engaged in the performance of
official duties to:
(i) Make an arrest without a warrant for any such criminal felony
violation if such violation is committed, or if the employee has
probable cause to believe that such violation is being committed, in
his/her presence;
(ii) Execute and serve a warrant for an arrest, for the search of
premises, or the seizure of evidence when issued under authority of the
United States upon probable cause to believe that such a violation has
been committed; and
(iii) Carry a firearm.
(2) Issue directives and take the actions prescribed by the
Secretary's rules.
Sec. 2610.2 Headquarters organization.
(a) OIG has a headquarters office in Washington, DC, and regional
offices throughout the United States. The headquarters office consists
of the immediate office of the IG, which includes three component
offices, and four operational units.
[[Page 47]]
(b) Immediate Office Components. (1) The Director of the Office of
Compliance and Integrity (OCI) performs independent quality assurance
and internal control reviews of OIG operations. OCI also investigates
allegations of criminal and/or serious administrative misconduct by OIG
employees.
(2) Section 3(g) of the IG Act mandates that each IG shall obtain
legal advice from a counsel either reporting directly to the IG or to
another IG. Within USDA-OIG, such legal advice is provided by the
Counsel to the Inspector General. The Office of Counsel (OC) provides
legal advice and representation on issues arising during the course of
audit, investigative, and Office of Data Sciences (ODS) activities or on
internal administrative and management issues. OC also manages OIG's
congressional, media relations, ethics, Freedom of Information Act, and
Privacy Act programs; and reviews proposed legislation, regulations, and
procedures.
(3) The Director of the Office of Diversity and Conflict Resolution
advises OIG leadership on applying the principles of civil rights, equal
employment opportunity, dispute resolution, diversity, and inclusion, on
matters affecting the OIG workforce, program activities, and development
of policy. This office also guides all OIG personnel through the use of
the Federal sector employment discrimination complaints and dispute
resolution processes, as needed.
(c) Operational units. (1) The AIG/A carries out the OIG's domestic
and foreign audit operations through a headquarters office and three
regional offices shown in Sec. 2610.3(a). The staff provides for audit
review of information technology (IT) security throughout USDA. Auditing
officials conduct operational liaison on audit matters; schedule and
conduct audits; release audit reports to management; monitor agency
action to assure that audit reports have been properly acted upon
through review of Department management follow up systems; monitor the
quality of OIG audit reports; and coordinate activities with the AIG/I.
The staff also provides an integrated approach to fraud prevention and
detection and management improvement in USDA programs and operations;
coordinates analyses and reports on vulnerability assessments; and
recommends policies and provides technical assistance for audit
operations. The Auditing headquarters office consists of the immediate
office of the AIG/A and five staff divisions.
(2) The Assistant Inspector General for Data Sciences carries out
OIG's data sciences operations through a headquarters office. OIG
officials within ODS perform predictive data analysis, statistical
sampling, modeling, computer matching, data mining, and data warehousing
of USDA programs and operations in support of OIG audits,
investigations, and other activities.
(3) The AIG/I carries out OIG's domestic and foreign investigative
operations through a headquarters office and the five regional offices
shown in Sec. 2610.3(b). Investigations officials conduct operational
and intelligence liaison on investigative matters with the Federal
Bureau of Investigation, Secret Service, Internal Revenue Service,
Interpol, and other Federal, State, and local law enforcement
organizations; determine the need for investigative action; conduct
investigations; prepare factual reports of investigative findings; refer
reports for appropriate administrative or legal action; follow up on
agency actions to assure that OIG investigative reports have been
properly acted upon; monitor the quality of investigative reports; and
coordinate activities with the AIG/A. The staff also conducts special
investigations of major programs, operations, and high level officials;
can assist the Secretary's security office in providing for the
protection of the Secretary and Deputy Secretary; and receives and
processes employee complaints concerning possible violations of laws,
rules, regulations or mismanagement. The OIG Whistleblower Protection
Ombudsman described in Sec. 2610.1(c)(17) is located within the Office
of Investigations.
(4) The Assistant Inspector General for Management (AIG/M) manages
formulation of OIG policies and procedures; develops, administers and
directs comprehensive programs for the
[[Page 48]]
management, budget, financial, personnel, systems improvement, and
information activities and operations of OIG; and is responsible for OIG
IT and information management systems. The staff maintains OIG's
directives system, and Departmental Regulations and Federal Register
issuances. The immediate office of the AIG/M and four divisions carry
out these functions.
Sec. 2610.3 Regional organization.
(a) Each regional Audit Director is responsible to the IG and to the
AIG/A for supervising the performance of all OIG auditing activities
relating to the Department's domestic and foreign programs and
operations within an assigned geographic area. The addresses and
telephone numbers of the three Audit regional offices and the
territories served are as follows:
Audit Region, Address, Telephone Number, and Territory
Eastern Region, 5601 Sunnyside Avenue, Suite 2-2230 (Mail Stop 5300),
Beltsville, Maryland 20705-5300, (301) 504-2100; Alabama, Arkansas,
Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois,
Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,
Mississippi, New Hampshire, New Jersey, New Mexico, New York, North
Carolina, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South
Carolina, Tennessee, Texas, Vermont, Virgin Islands, Virginia, West
Virginia, and Wisconsin.
Midwestern Region, 8930 Ward Parkway, Suite 3016, Kansas City, Missouri
64114, (816) 926-7667; Colorado, Iowa, Kansas, Missouri, Montana,
Minnesota, Nebraska, North Dakota, South Dakota, Utah, and Wyoming.
Western Region, 1333 Broadway, Suite 400, Oakland, California 94612,
(510) 208-6800; Alaska, Arizona, California, Hawaii, Idaho, Nevada,
Oregon, Territory of Guam, Trust Territories of the Pacific, and
Washington.
(b) Each regional Special Agent-in-Charge (SAC) is responsible to
the IG and to the AIG/I for supervising the performance of all OIG
investigative activities relating to the Department's domestic and
foreign programs and operations within an assigned geographic area. The
addresses and telephone numbers of the five Investigations regional
offices and the territories served are as follows:
Investigations Region, Address, Telephone Number, and Territory
Midwest Region, 111 N. Canal Street, Suite 325, Chicago, Illinois 60606-
7296, (312) 353-1358; Illinois, Indiana, Iowa, Michigan, Minnesota,
North Dakota, Ohio, South Dakota, and Wisconsin.
Northeast Region, 26 Federal Plaza, Room 1409, New York, New York 10278-
0004, (212) 264-8400; Connecticut, Delaware, District of Columbia,
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia.
Southeast Region, 401 W. Peachtree Street NW., Room 2329, Atlanta,
Georgia 30308, (404) 730-3274; Alabama, Florida, Georgia, Kentucky,
North Carolina, Puerto Rico, South Carolina, Tennessee, and the Virgin
Islands.
Southwest Region, 101 South Main, Room 311, Temple, Texas 76501, (254)
743-6535; Arkansas, Kansas, Louisiana, Mississippi, Missouri, Nebraska,
New Mexico, Oklahoma, and Texas.
Western Region, 1333 Broadway, Suite 400, Oakland, California 94612,
(510) 208-6860; Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, Nevada, Oregon, Territory of Guam, Trust Territories of the
Pacific, Utah, Washington, and Wyoming.
Sec. 2610.4 Requests for service.
(a) Heads of USDA agencies will direct requests for audit or
investigative service to the AIG/A, AIG/I, Audit Director, SAC, or to
other OIG audit or investigation officials responsible for providing
service of the type desired in the geographical area where service is
desired.
(b) Agency officials or other employees may, at any time, direct to
the personal attention of the IG any audit or investigation matter that
warrants such attention.
(c) Other persons (i.e., non-USDA personnel) may address their
communications regarding audit or investigative matters to: The
Inspector General, U.S. Department of Agriculture, USDA Stop 2301,
Washington, DC 20250.
(d) OIG has established several channels for USDA employees and the
general public to report fraud, waste, abuse, and mismanagement in USDA
programs, or misconduct by a USDA employee. These include a general OIG
Hotline, a Bribery/Assault Line, and (for USDA employees) a
Whistleblower Ombudsman.
[[Page 49]]
(1) General fraud, waste, and abuse hotline:
(i) File complaint online: http://www.usda.gov/oig/hotline.htm
(click on ``Submit a Complaint'' button);
(ii) Telephone: (800) 424-9121, (202) 690-1622, or (202) 690-1202
(Telecommunication Device for the Deaf);
(iii) Facsimile: (202) 690-2474; or
(iv) Write a letter to United States Department of Agriculture,
Office of Inspector General, P.O. Box 23399, Washington, DC 20026.
(2) Bribery/Assault Line: (202) 720-7257 (24 hours a day).
(3) Whistleblower Protection Ombudsman. USDA employees may contact
the Ombudsman via email at: [email protected]. Additional
information about the Ombudsman is available online at https://
www.usda.gov/oig/ombudsman.htm.
Sec. 2610.5 Delegations of authority.
(a) AIGs, Directors, and Counsel listed in Sec. 2610.2, and Audit
Directors and SACs listed in Sec. 2610.3, are authorized to take
whatever actions are necessary to carry out their assigned functions.
This authority may be re-delegated.
(b) The IG reserves the right to establish audit and investigation
policies, program, procedures, and standards; to allocate appropriated
funds; to determine audit and investigative jurisdiction; and to
exercise any of the powers or functions or perform any of the duties
referenced in the above delegation.
PART 2620_AVAILABILITY OF INFORMATION TO THE PUBLIC--Table of Contents
Sec.
2620.1 General statement.
2620.2 Public inspection.
2620.3 Requests.
2620.4 Denials.
2620.5 Appeals.
Authority: 5 U.S.C. 301, 552; Inspector General Act of 1978, as
amended, 5 U.S.C. app. 3.
Source: 81 FR 94230, Dec. 23, 2016, unless otherwise noted.
Sec. 2620.1 General statement.
This part supplements the regulations of the Secretary of
Agriculture implementing the Freedom of Information Act, 5 U.S.C. 552
(FOIA) (subpart A of part 1 of this title, including the appendix), and
governs the availability of records of the Office of Inspector General
(OIG) to the public upon request.
Sec. 2620.2 Public inspection.
The FOIA requires that certain materials be made available for
public inspection in an electronic format. OIG records are available for
public inspection on OIG's public Web site, https://www.usda.gov/oig/
foia.htm.
Sec. 2620.3 Requests.
Requests for OIG records shall be submitted to OIG's Office of
Counsel and will be processed in accordance with subpart A of part 1 of
this title. Specific guidance on how to submit requests (including
current contact methods) is available through OIG's Web site, https://
www.usda.gov/oig/foiareq.htm, and USDA's public FOIA Web site.
Sec. 2620.4 Denials.
If it is determined that a requested record is exempt from mandatory
disclosure and that discretionary release would be improper, the Counsel
to the Inspector General or the Counsel's designee shall give written
notice of denial in accordance with subpart A of part 1 of this title.
Sec. 2620.5 Appeals.
The denial of a requested record may be appealed in accordance with
subpart A of part 1 of this title. Appeals shall be addressed to the
Inspector General, U.S. Department of Agriculture, 1400 Independence
Avenue SW., Whitten Building, Suite 441-E, Washington, DC 20250-2308.
The Inspector General will give notice of the determination concerning
an appeal in accordance with subpart A of part 1 of this title.
PARTS 2621 2699 [RESERVED]
[[Page 51]]
CHAPTER XXVII--OFFICE OF INFORMATION RESOURCES MANAGEMENT, DEPARTMENT OF
AGRICULTURE
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PART 2700_ORGANIZATION AND FUNCTIONS--Table of Contents
Sec.
2700.1 General statement.
2700.2 Organization.
2700.3 Functions.
Authority: 5 U.S.C. 301, 552; 7 CFR 2.81.
Source: 47 FR 39128, Sept. 7, 1982, unless otherwise noted.
Sec. 2700.1 General statement.
This part is issued in accordance with 5 U.S.C. 552(a) to provide
guidance for the general public as to the organization and functions of
the Office of Information Resources Management.
Sec. 2700.2 Organization.
The Office of Information Resources Management (OIRM) was
established on January 12, 1982. Delegations of authority to the
Director, OIRM appear at 7 CFR 2.81. The organization is comprised of
five headquarters divisions, an administrative staff and three computer
centers to serve the Department. The organization is headed by the
Director or, in the Director's absence, by the Deputy Director or, in
the absence of both, by the Director's desginee.
Sec. 2700.3 Functions.
(a) Director. Provides executive direction for OIRM. Develops and
recommends Departmental information resources management principles,
policies, and objectives; develops and disseminates Departmental
information resources management standards, guidelines, rules, and
regulations necessary to implement approved principles, policies, and
programs; designs, develops, implements, and revises systems, processes,
work methods, and techniques to improve the management of information
resources and the operational effectiveness of the Department; provides
telecommunications and automated data processing services to the
Department's agencies and staff offices.
(b) Deputy Director. Assists the Director and, in the absence of the
Director, serves as the Acting Director.
(c) Administrative Management Staff. Provides support for agency
management regarding budget, accounting, personnel, and other
administrative matters.
(d) Planning Division. Defines, develops, guides, and administers
the Department's long-range planning process for information resources.
(e) Information Management Division. Develops policy, standards and
guidelines for collection, protection, access, use and management of
information.
(f) Review and Evaluation Division. Reviews and evaluates
information resources programs and activities of Department agencies and
staff offices for conformance with plans, policies, and standards.
(g) Agency Technical Services Division. Advises and consults with
and assists Department agencies and staff offices on activities related
to the development and implementation of automated information systems.
(h) Operations and Telecommunications Division. Coordinates the
development and implementation of programs for ADP and
telecommunications resource planning within Departmental computer
centers and the National Finance Center, and for the acquisition and use
of Department-wide telecommunications facilities and services.
(i) Departmental Computer Centers. The following centers provide ADP
facilities and services to agencies and staff offices of the Department.
(1) Washington Computer Center, 14th and Independence Ave., SW., Rm.
S-107-South, Washington, DC 20250.
(2) Fort Collins Computer Center, 3825 E. Mulberry Street (P.O. Box
1206), Fort Collins, CO 80524.
(3) Kansas City Computer Center, 8930 Ward Parkway (P.O. Box 205),
Kansas City, MO 64141.
PART 2710_AVAILABILITY OF INFORMATION TO THE PUBLIC--Table of Contents
Sec.
2710.1 General statement.
2710.2 Public inspection and copying.
2710.3 Indexes.
2710.4 Initial request for records.
2710.5 Appeals.
Appendix A to Part 2710--List of Addresses
Authority: 5 U.S.C. 301, 552; 7 CFR 1.1-1.16.
Source: 47 FR 39129, Sept. 7, 1982, unless otherwise noted.
[[Page 54]]
Sec. 2710.1 General statement.
This part is issued in accordance with 7 CFR 1.4 of the U.S.
Department of Agriculture regulations governing the availability of
records (7 CFR 1.1-1.16 and Appendix A) under the Freedom of Information
Act (5 U.S.C. 552). The Department's regulations, as supplemented by the
regulations in this part, provide guidance for any person wishing to
request records from the Office of Information Resources Management
(OIRM).
Sec. 2710.2 Public inspection and copying.
(a) Background. 5 U.S.C. 552(a)(2) required that each agency make
certain kinds of records available for public inspection and copying.
(b) Procedure. Persons wishing to gain access to OIRM records should
contact the Information Access & Disclosure Officer by writing to the
address shown in 2710.4(b)(2).
Sec. 2710.3 Indexes.
(a) Background. 5 U.S.C. 552(a)(2) also required that each agency
maintain and make available for public inspection and copying current
indexes providing identifying information for the public with regard to
any records which are made available for public inspection and copying.
(b) Procedure. Persons wishing to get an index may contact the
division or center that maintains the records. Publication of these
indexes as a separate document is unnecessary and impractical.
Sec. 2710.4 Initial request for records.
(a) Background. The Information Access and Disclosure Officer is
authorized to:
(1) Grant or deny requests for OIRM records.
(2) Make discretionary releases of OIRM records when it is
determined that the public interests in disclosure outweigh the public
and/or private ones in withholding.
(3) Reduce or waive fees to be charged where determined to be
appropriate.
(b) Procedure. Persons wishing to request records from the Office of
Information Resources Management may do so as follows:
(1) How. Submit each initial request for OIRM records as prescribed
in 7 CFR 1.3(a).
(2) Where. Submit each initial request to the Information Access and
Disclosure Officer, Office of Information Resources Management, USDA,
14th and Independence Ave., SW., Room 407-W, Washington, DC 20250.
Sec. 2710.5 Appeals.
Procedure. Any person whose initial request is denied in whole or in
part may appeal that denial, in accordance with 7 CFR 1.3(e) and 1.7, to
the Director, Office of Information Resources Management, by sending the
appeal to the Information Access and Disclosure Officer, Office of
Information Resources Management, USDA, 14th and Independence Ave., SW.,
Room 407-W, Washington, DC 20250. The Director, Office of Information
Resources Management, will make the determination on the appeal.
Sec. Appendix A to Part 2710--List of Addresses
Section 1. General
This list provides the titles and mailing addresses of officials who
have custody of OIRM records. This list also identifies the normal
working hours, Monday through Friday, excluding holidays, during which
public inspection and copying of certain kinds of records, and indexes
to those records, is permitted.
Section 2. List of Addresses
Director, Office of Information Resources Management, 14th and
Independence Ave., SW., Rm. 113-W, Washington, DC 20250; Hours: 8:30
a.m.-5:00 p.m.
Chief, Planning Division, OIRM, 14th and Independence Ave., SW., Rm.
446-W, Washington, DC 20250; Hours: 8:30 a.m.-5:00 p.m.
Chief, Review and Evaluation Division, OIRM, 14th and Independence Ave.,
SW., Rm. 442-W, Washington, DC 20250; Hours: 8:30 a.m.-5:00 p.m.
Chief, Agency Technical Services Division, OIRM, 14th and Independence
Ave., SW., Rm. 416-W, Washington, DC 20250; Hours: 8:30 a.m.-5:00 p.m.
Chief, Operations and Telecommunications Division, OIRM, 14th and
Independence Ave., SW., Rm. 419-W, Washington, DC 20250; Hours: 8:30
a.m.-5:00 p.m.
Chief, Information Management Division, OIRM, 14th and Independence
Ave., SW., Rm. 404-W, Washington, DC 20250; Hours: 8:30 a.m.-5:00 p.m.
[[Page 55]]
Chief, St. Louis Computer Center, OIRM, 1520 Market Street, Rm. 3441,
St. Louis, MO 63101; Hours: 8:00 a.m.-4:40 p.m.
Director, Kansas City Computer Center, OIRM, 8930 Ward Parkway, (P.O.
Box 205), Kansas City, MO 64141; Hours: 8:00 a.m.-4:45 p.m.
Director, Fort Collins Computer Center, OIRM, 3825 E. Mulberry Street,
(P.O. Box 1206), Fort Collins, CO 80521; Hours: 8:00 a.m.-4:30 p.m.
Director, Washington Computer Center, OIRM, 14th and Independence Ave.,
SW., Rm. S-107-S, Washington, DC 20250; Hours: 8:30 a.m.-5:00 p.m.
Information Access and Disclosure Officer, OIRM, 14th and Independence
Ave., SW., Rm. 407-W, Washington, DC 20250; Hours: 8:30 a.m.-5:00 p.m.
PARTS 2711 2799 [RESERVED]
[[Page 57]]
CHAPTER XXVIII--OFFICE OF OPERATIONS, DEPARTMENT OF AGRICULTURE
--------------------------------------------------------------------
Part Page
2800-2809
[Reserved]
2810 Organization and functions--Office of
Operations.............................. 59
2811 Availability of information to the public... 59
2812 Department of Agriculture guidelines for the
donation of excess research equipment
under 15 U.S.C. 3710(i)................. 61
2813-2899
[Reserved]
[[Page 59]]
PARTS 2800 2809 [RESERVED]
PART 2810_ORGANIZATION AND FUNCTIONS_OFFICE OF OPERATIONS--Table of Contents
Sec.
2810.1 General statement.
2810.2 Organization.
2810.3 Functions.
Authority: 5 U.S.C. 301 and 552; 7 CFR 2.76.
Source: 54 FR 52013, Dec. 20, 1989, unless otherwise noted.
Sec. 2810.1 General statement.
This part is issued in accordance with 5 U.S.C. 552(a) to provide
guidance for the general public as to Office of Operations (OO)
organization and functions.
Sec. 2810.2 Organization.
The Office of Operations (OO) was established January 12, 1982.
Delegations of authority to the Director, OO, appear at 7 CFR 2.76. The
organization is comprised of six divisions and one staff located at
Department headquarters. Description of the functions of these
organizational units are in the following section. The organization is
headed by a Director.
Sec. 2810.3 Functions.
(a) Director. Provides executive direction for OO. Develops and
promulgates overall policies and provides general direction, leadership,
oversight, and coordination of USDA management of procurement, real and
personal property activities, mail and copier management. Provides
executive services to the Office of the Secretary and operates
activities providing consolidated USDA administrative functions and
services.
(b) Deputy Director. Assists the Director, and in the absence of the
Director, serves as Acting Director.
(c) Administrative Unit. Provides support for agency management
regarding budget, accounting, personnel, and other administrative
matters.
(d) Executive Services Division. Provides executive services to the
Office of the Secretary in travel arrangements, supplies, furnishings,
communications, equipment, and records. Operates the central USDA DC
imprest fund.
(e) Facilities Management Division. Operates and maintains the USDA
DC headquarters building complex, including headquarters parking.
Oversees management and operation of USDA buildings nationwide, and
provides DC area labor services.
(f) Mail and Reproduction Management Division. Oversees USDA mail,
copier, and duplicating programs. Operates DC area central activities in
these areas.
(g) Personal Property Management Division. Oversees USDA supply,
motor vehicle, and personal property programs. Operates centralized
warehouse and property rehabilitation facilities.
(h) Procurement Division. Oversees USDA procurement programs.
Operates centralized purchasing operations for ADP and Washington area
activities.
(i) Real Property Management Division. Oversees USDA real property
management programs.
PART 2811_AVAILABILITY OF INFORMATION TO THE PUBLIC--Table of Contents
Sec.
2811.1 General statement.
2811.2 Public inspection and copying.
2811.3 Indexes.
2811.4 Initial requests for records.
2811.5 Appeals.
2811.6 Fee schedule.
Appendix A to Part 2811--List of Addresses
Authority: 5 U.S.C. 301 and 552 (as amended); 7 CFR 1.3.
Source: 54 FR 52014, Dec. 20, 1989, unless otherwise noted.
Sec. 2811.1 General statement.
This part is issued in accordance with 7 CFR 1.3 of the Department
of Agriculture regulations governing the availability of records (7 CFR
1.1-1.23 and Appendix A) under the Freedom of Information Act (FOIA), 5
U.S.C. 552. The Department's regulations, as supplemented by the
regulations in this part, provide guidance for any person wishing to
request records from Office of Operations.
Sec. 2811.2 Public inspection and copying.
(a) Background. 5 U.S.C. 552(a)(2) requires that each agency
maintain and
[[Page 60]]
make available for public inspection and copying certain kinds of
records.
(b) Procedure. To gain access to OO records that are available for
public inspection, contact the division that maintains them. See
Appendix A, List of Addresses, for the location and hours of operation.
Sec. 2811.3 Indexes.
(a) Background. 15 U.S.C. 552(a)(2) also requires that each agency
maintain and make available for public inspection and copying current
indexes provided identifying information for the public with regard to
any records which are made available for public inspection and copying.
OO does not maintain any materials within the scope of these
requirements.
Sec. 2811.4 Initial requests for records.
(a) Background. The head of each OO division, each OO contracting
officer, each OO leasing officer, and the OO FOIA officer is authorized
to:
(1) Grant or deny requests for OO records.
(2) Make discretionary release of OO records when it is determined
that the public interest in disclosure outweighs the public and/or
private ones in withholding.
(3) Reduce or waive fees to be charged where determined to be
appropriate.
(4) Refer a request to the OO FOIA Officer for determination.
(b) Procedures. Persons wishing to request records from the Office
of Operations may do so as follows:
(1) How. Submit each initial request for OO records as prescribed in
7 CFR 1.6.
(2) Where. Submit each initial request to the head of the unit that
maintains the records. See Appendix A, List of Addresses. Contact the
FOIA Officer for guidance as needed. Or, submit the request to the FOIA
Officer for forwarding to the proper officials: FOIA Officer, Office of
Operations, USDA, Room 134-W Administration Building, 14th &
Independence Avenue SW., Washington, DC 20250.
Sec. 2811.5 Appeals.
Procedure. Any person whose initial request is denied in whole or in
part may appeal that denial, in accordance with 7 CFR 1.6(e) and 1.8, to
the Director, Office of Operations, USDA, Room 113-W Administration
Building, 14th & Independence Avenue SW., Washington, DC 20250.
Sec. 2811.6 Fee schedule.
Department regulations provide for a schedule of reasonable standard
charges for document search and duplication. See 7 CFR 1.2(b). Fees to
be charged are set forth in 7 CFR part 1, subpart A, appendix A.
Sec. Appendix A to Part 2811--List of Addresses
Section 1. General
This list provides the titles and mailing address of officials who
have custody of OO records. The normal working hours of these offices
are 8:30 a.m. to 5:00 p.m., Monday through Friday, exclusing holidays,
during which public inspection and copying of certain kinds of records
is permitted.
Section 2. List of Addresses
All of the following addresses are located at 14th Street and
Independence Avenue, Washington, DC. Address mail as follows:
Director, Office of Operations, USDA, Room 113-W Administration
Building, Washington, DC 20250.
FOIA Officer, Office of Operations, USDA, Room 134-W Administration
Building, Washington, DC 20250.
Chief, Administrative Unit, Office of Operations, USDA, Room 134-W,
Washington, DC 20250.
Chief, Executive Services Division, Office of Operations, USDA, Room 10-
A, Administration Building, Washington, DC 20250.
Chief, Facilities Management Division, Office of Operations, USDA, Room
S-313 South Building, Washington, DC 20250.
Chief, Mail and Reproduction Management Division, Office of Operations,
USDA, Room 1540 South Building, Washington, DC 20250.
Chief, Personal Property Management Division, Office of Operations, USDA
Room 1524 South Building, Washington, DC 20250.
Chief, Procurement Division, Office of Operations, USDA, Room 1550 South
Building, Washington, DC 20250.
Chief, Real Property Management Division, Office of Operations, USDA,
Room 1566, South Building, Washington, DC 20250.
[[Page 61]]
PART 2812_DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE DONATION OF EXCESS RESEARCH EQUIPMENT UNDER 15 U.S.C. 3710(i)--Table of Contents
Sec.
2812.1 Purpose.
2812.2 Eligibility.
2812.3 Definitions.
2812.4 Procedures.
2812.5 Restrictions.
2812.6 Title.
2812.7 Costs.
2812.8 Accountability and recordkeeping.
2812.9 Disposal.
2812.10 Liabilities and losses.
Authority: 5 U.S.C. 301; E.O. 12999, 61 FR 17227, 3 CFR, 1997 Comp.,
p. 180.
Source: 60 FR 34456, July 3, 1995, unless otherwise noted.
Sec. 2812.1 Purpose.
This part sets forth the procedures to be utilized by USDA agencies
and laboratories in the donation of excess research equipment to
educational institutions and non-profit organizations for the conduct of
technical and scientific education and research activities as authorized
by 15 U.S.C. 3710(i). Title to excess research equipment donated
pursuant to 15 U.S.C. 3710(i), shall pass to the donee.
Sec. 2812.2 Eligibility.
Eligible organizations are educational institutions or non-profit
organizations involved in the conduct of technical and scientific
educational and research activities.
Sec. 2812.3 Definitions.
(a) Cannibalization. The dismantling of equipment for parts to
repair or enhance other equipment. The residual is reported for
disposal. Cannibalization is only authorized if the property value is
greater when cannibalized than retention in the original condition.
(b) Community-based educational organization means nonprofit
organizations that are engaged in collaborative projects with pre-
kindergarten through twelfth grade educational institutions or that have
education as their primary focus. Such organizations shall qualify as
nonprofit educational institutions for purposes of section 203(j) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(j)).
(c) Educational institution means a public or private, non-profit
educational institution, encompassing pre-kindergarten through twelfth
grade and two- and four-year institutions of higher education, as well
as public school districts.
(d) Educationally useful Federal equipment means computers and
related peripheral tools (e.g., printers, modems, routers, and servers),
including telecommunications and research equipment, that are
appropriate for use in pre-kindergarten, elementary, middle, or
secondary school education. It shall also include computer software,
where the transfer of licenses is permitted.
(e) Excess personal property. Items of personal property no longer
required by the controlling Federal agency.
(f) Federal empowerment zone or enterprise community (EZ/EC) means a
rural area designated by the Secretary of Agriculture under 7 CFR part
25.
(g) Non-profit organization means any corporation, trust
association, cooperative, or other organization which:
(1) Is operated primarily for scientific, educational, service,
charitable, or similar purposes in the public interest;
(2) Is not organized primarily for profit; and
(3) Uses its net proceeds to maintain, improve, or expand its
operations. For the purposes of this part, ``non-profit organizations''
may include utilities affiliated with institutions of higher education,
or with state and local governments and federally recognized Indian
tribes.
(h) Research equipment. Federal property determined to be essential
to conduct scientific or technical educational research.
(i) Technical and scientific education and research activities. Non-
profit tax exempt public educational institutions or government
sponsored research organizations which serve to conduct technical and
scientific education and research.
[60 FR 34456, July 3, 1995, as amended at 65 FR 69857, Nov. 21, 2000]
[[Page 62]]
Sec. 2812.4 Procedures.
(a) [Reserved]
(b) Each agency head will designate in writing an authorized
official to approve donations of excess property/equipment under this
part.
(c) After USDA screening has been accomplished, excess personal
property targeted for donation under this part will be made available on
a first-come, first-served basis. If there are competing requests,
donations will be made to eligible recipients in the following priority
order:
(1) Educationally useful Federal equipment for pre-kindergarten
through twelfth grade educational institutions and community-based
educational organizations in rural EZ/EC communities;
(2) Educationally useful Federal equipment for pre-kindergarten
through twelfth grade educational institutions and community-based
educational organizations not in rural EZ/EC areas;
(3) All other eligible organizations.
(d) Upon reporting property for excess screening, if the pertinent
USDA agency has an eligible organization in mind for donation under this
part, it shall enter ``P.L. 102-245'' in the note field. The property
will remain in the excess system approximately 30 days, and if no USDA
agency or cooperator requests it during the excess cycle, the
Departmental Excess Personal Property Coordinator will send the agency a
copy of the excess report stamped, ``DONATION AUTHORITY TO THE HOLDING
AGENCY IN ACCORDANCE WITH P.L. 102-245.'' The holding USDA agency may
then donate the excess property to the eligible organization.
(e) Donations under this Part will be accomplished by preparing a
Standard Form (SF) 122, ``Transfer Order-Excess Personal Property''.
(f) The SF-122 should be signed by both an authorized official of
the agency and the Agency Property Management Officer. The following
information should also be provided.
(1) Name and address of Donee Institution (Ship to)
(2) Agency name and address (holding Agency)
(3) Location of property
(4) Shipping instructions (Donee contact person)
(5) Complete description of property, including acquisition amount,
serial no., condition code, quantity, and agency order no.
(6) This statement needs to be added following property
descriptions. ``The property requested hereon is certified to be used
for the conduct of technical and scientific education and research
activities. This donation is pursuant to the provisions of Pub. L. 102-
245.''
(g) Once the excess personal property/equipment is physically
received, the donee is required to immediately return a copy of the SF-
122 to the donating agency indicating receipt of requested items.
Cancellations should be reported to DEPPC so the property can be
reported to the General Services Administration (GSA).
Note: The USDA agency shall send an informational copy of the
transaction to GSA.
[60 FR 34456, July 3, 1995, as amended at 65 FR 69857, Nov. 21, 2000]
Sec. 2812.5 Restrictions.
(a) The authorized official (see Sec. 2812.4(b)) will approve the
donation of excess personal property/equipment in the following groups
to educational institutions or nonprofit organizations for the conduct
of technical and scientific educational and research activities.
Eligible Groups
------------------------------------------------------------------------
FSC group Name
------------------------------------------------------------------------
19..................................... Ships, Small Craft, Pontoons,
and Floating Docks.
23..................................... Vehicles, Trailers and Cycles.
24..................................... Tractors.
37..................................... Agricultural Machinery and
Equipment.
43..................................... Pumps, Compressors.
48..................................... Valves.
58..................................... Communication, Detection, and
Coherent Radiation Equipment.
59..................................... Electrical and Electronic
Equipment Components.
65..................................... Medical, Dental, and Veterinary
Equipment and Supplies.
66..................................... Instruments and Laboratory
Equipment.
67..................................... Photographic Equipment.
68..................................... Chemicals and Chemical
Products.
70..................................... General Purpose Automatic Data
Processing Equipment, Software
Supplies, and Support
Equipment.
74..................................... Office Machines and Visible
Record Equipment.
------------------------------------------------------------------------
[[Page 63]]
Note: Requests for items in FSC Groups or Classes other than the
above should be referred to the agency head for consideration and
approval.
(b) Excess personal property/equipment may be donated for
cannibalization purposes, provided the donee submits a supporting
statement which clearly indicates that cannibalizing the requested
property for secondary use has greater potential benefit than
utilization of the item in its existing form.
Sec. 2812.6 Title.
Title to excess personal property/equipment donated under this Part
will automatically pass to the donee once the sponsoring agency receives
the SF-122 indicating that the donee has received the property.
Sec. 2812.7 Costs.
Donated excess personal property/equipment is free of charge.
However, the donee must pay all costs associated with packaging and
transportation, unless the sponsoring agency has made other
arrangements. The donee should specify the method of shipment.
Sec. 2812.8 Accountability and recordkeeping.
USDA requires that property requested by a donee be placed into use
by the donee within a year of receipt and used for at least 1 year
thereafter. Donees must maintain accountable records for such property
during this time period.
Sec. 2812.9 Disposal.
When the property is no longer needed by the donee, it may be used
in support of other Federal projects or sold and the proceeds used for
technical and scientific education and research activities.
Sec. 2812.10 Liabilities and losses.
USDA assumes no liability with respect to accidents, bodily injury,
illness, or any other damages or loss related to excess personal
property/equipment donated under this part. The donee is advised to
insure or otherwise protect itself and others as appropriate.
PARTS 2813 2899 [RESERVED]
[[Page 65]]
CHAPTER XXIX--OFFICE OF ENERGY POLICY AND NEW USES, DEPARTMENT OF
AGRICULTURE
--------------------------------------------------------------------
Part Page
2900 Essential agricultural uses and volumetric
requirements--Natural Gas Policy Act.... 67
2901 Administrative procedures for adjustments of
natural gas curtailment priority........ 68
2902
[Reserved]
2903 Biodiesel fuel education program............ 72
2904-2999
[Reserved]
[[Page 67]]
PART 2900_ESSENTIAL AGRICULTURAL USES AND VOLUMETRIC
REQUIREMENTS_NATURAL GAS POLICY ACT--Table of Contents
Sec.
2900.1 General.
2900.2 Definitions.
2900.3 Essential agricultural uses.
2900.4 Natural gas requirements.
2900.6 Effective date.
Authority: Pub. L. 95-621, Nov. 9, 1978.
Source: 44 FR 28786, May 17, 1979, unless otherwise noted.
Sec. 2900.1 General.
Section 401(c) of the Natural Gas Policy Act of 1978 (NGPA) requires
the Secretary of Agriculture to determine the essential uses of natural
gas, and to certify to the Secretary of Energy and the Federal Energy
Regulatory Commission (FERC) the natural gas requirements, expressed
either as volumes or percentages of use, of persons, or classes thereof,
for essential agricultural uses in order to meet requirements of full
food and fiber production. This rule covers establishments performing
functions classed as essential agricultural uses whose natural gas
supplies are distributed through the interstate pipeline systems even
though such establishments may receive such gas directly from an
intrastate pipeline or local distribution company. The rule provides to
the Secretary of Energy (for purposes of Section 401(a) of the NGPA) and
to the Federal Energy Regulatory Commission the following
certifications:
(a) Essential agricultural uses of natural gas, expressed as classes
of establishments that use gas for essential agricultural purposes; and
(b) Essential agricultural current requirements of natural gas,
expressed as percentages of use.
Sec. 2900.2 Definitions.
(a) Full food and fiber production means the entire output of food
and fiber produced for the domestic market, and for export, for building
of reserves, and crops for soil building or conservation. This term also
includes the processing of food and fiber into stable and storable
products, and the maintenance of food quality after processing.
(b) Establishment means an economic unit, generally at a single
physical location where business is conducted or where service or
industrial operations are performed (for example, a factory, mill,
store, mine, farm, sales office, or warehouse). (Note: This is the same
definition used in the Standard Industrial Classification Manual, 1972
edition).
(c) Essential Agricultural Use Establishment means any
Establishment, or the portion of an Establishment, which performs (or
has the capability to perform) activities specified in Sec. 2900.3.
(d) Current Natural Gas Requirements means the amount of natural gas
required by an Essential Agricultural Use Establishment to perform the
activities devoted to full food and fiber production.
(Pub. L. 95-621, Nov. 8, 1979, 92 Stat. 3350, 15 U.S.C. 3301 et seq.)
[44 FR 28786, May 17, 1979, as amended at 46 FR 47216, Sept. 25, 1981]
Sec. 2900.3 Essential agricultural uses.
For purposes of Section 401(c) of the NGPA the following classes or
portions of classes are certified as essential agricultural uses in
order to meet the requirements of full food and fiber production:
Essential Agricultural Uses
Industry SIC No. and Industry Description
Food and Natural Fiber Production
01 Agricultural Production--Crops
02 Agricultural Production--Livestock Excluding 0272--Horses and
Other Equines, and Nonfood Portions of 0279--Animal Specialties, Not
Elsewhere Classified.
0723 Crop Preparation Services for Market, Except Cotton Ginning
(see fiber processing).
4971 Irrigation Systems.
Fertilizer and Agricultural Chemicals
(Process and Feedstock Use Only)
1474 Potash, Soda, and Borate Materials.
1475 Phosphate Rock.
1477 Sulfur.
2819 Industrial Inorganic Chemicals, n.e.c. (Agricultural related
only).
2865 Cyclic Crudes and Cyclic Intermediates, Dyes and Organic
Pigments (Agricutural related only).
[[Page 68]]
2869 Industrial Organic Chemicals, n.e.c. (Agricutural related
only).
287 Agricultural Chemicals.
2899 Chemicals and Chemical Preparations, n.e.c. (Salt--Feed grade
only).
3274 Lime (Agricultural lime only).
Food and Natural Fiber Processing-Food
20 Food and Kindred Products Except 2047 Dog, Cat and Other Pet
Food, and 2048 Prepared Feeds and Feed Ingredients for Animals and
Fowls, Not Elsewhere Classified.
2869 Industrial Organic Chemicals (Monosodium Glutamate, Food-grade
Citric Acid and Food-grade Enzymes only).
2899 Chemicals and Chemical Preparations, n.e.c. (Salt for food use
only).
Animal Feeds, and Food
(Process and Feedstock Use Only)
2047 Dog, Cat and Other Pet Food.
2048 Prepared Feeds and Feed Ingredients for Animals and Fowls, Not
Elsewhere Classified.
Natural Fiber
0724 Cotton Ginning.
2141 Tobacco Stemming and Redrying.
2299 Textile Goods, n.e.c. (wool tops, combing and converting).
3111 Leather Tanning and Finishing.
Food Quality Maintenance--Food Packaging
2641 Paper Coating and Glazing (food related only).
2643 Bags, Except Textile (food related only).
2645 Die Cut Paper and Paperboard (food related only).
2646 Pressed and Molded Pulp Goods (food related only).
2649 Converted Paper Products (food related only).
2651 Folding Paperboard Boxes (food related only).
2653 Corrugated and Solid Fiber Boxes (food related only).
2654 Sanitary Food Containers.
2655 Fiber Cans, Tubes, Drums, and Similar Products (food related
only).
3079 Miscellaneous Plastic Products (food related only).
3221 Glass Containers (food related only).
3411 Metal Cans (food related only).
3412 Metal Shipping Barrels, Drums, Kegs, and Pails (food related
only).
3466 Metal Crowns and Closures (Food Related Only).
3497 Metal Foil and Leaf (food related only).
Petroleum wax, synthetic petroleum wax and polyethylene wax (food
grade only) as food containers.
Marketing and Distribution
4221 Farm Product Warehousing and Storage.
4222 Refrigerated Warehousing.
514 Groceries and Related Products.
5153 Farm Product Raw Materials--Grain.
54 Food Stores.
Energy Production
(1) Agricultural production on set-aside acreage or acreage diverted
from the production of a commodity (as provided under the Agricultural
Act of 1949) to be devoted to the production of any commodity for
conversion into alcohol or hydrocarbons for use as motor fuel or other
fuels;
(2) Sugar refining for production of alcohol; and
(3) Distillation of fuel-grade alcohol from food grains and other
biomass by facilities in existence on June 30, 1980 which do not have
the installed capability to burn coal lawfully, for a period ending June
29, 1985.
(Pub. L. 95-621, Nov. 8, 1978, 92 Stat. 3350; 15 U.S.C. 3301 et seq.)
[44 FR 28786, May 17, 1979, as amended at 45 FR 5298, Jan. 23, 1980; 45
FR 45887, 45888, July 8, 1980; 45 FR 50550, July 30, 1980; 47 FR 25320,
June 11, 1982; 48 FR 43670, Sept. 26, 1983; 49 FR 37733, Sept. 26, 1984]
Sec. 2900.4 Natural gas requirements.
For purposes of Section 401(c), NGPA, the natural gas requirements
for each Essential Agricultural Use Establishment, whether such
Essential Agricultural Use Establishment is in existence on the
effective date of this rule or comes into existence thereafter, are
certified to be 100 percent of Current Natural Gas Requirements.
Sec. 2900.6 Effective date.
This rule shall become effective on May 14, 1979.
PART 2901_ADMINISTRATIVE PROCEDURES FOR ADJUSTMENTS OF NATURAL GAS CURTAILMENT PRIORITY--Table of Contents
Sec.
2901.1 Purpose and scope.
2901.2 Definitions.
2901.3 Oral presentation.
2901.4 Interpretations.
2901.5 Modifications and rescissions.
2901.6 Exceptions and exemptions.
2901.7 Review of denials.
2901.8 Judicial review.
2901.9 Effective date.
[[Page 69]]
Authority: Secs. 502, 507. Pub. L. 95-621, 92 Stat. 3397, 3405, Nov.
9, 1978.
Source: 44 FR 55803, Sept. 28, 1979, unless otherwise noted.
Sec. 2901.1 Purpose and scope.
The purpose of this part 2901 is to provide procedures for the
making of certain adjustments to the Secretary of Agriculture's
Essential Agricultural Uses and Requirements regulations in accordance
with section 502(c) of the Natural Gas Policy Act of 1978, in order to
prevent special hardship, inequity, or an unfair distribution of
burdens. The procedures in this part 2901 apply to any person seeking an
interpretation of, modification of, rescission of, exception of, or
exemption from the Essential Agricultural Uses and Requirements
regulations in part 2900 of this chapter.
Sec. 2901.2 Definitions.
(a) Person means any individual, firm, sole proprietorship,
partnership, association, company, joint venture or corporation.
(b) Director means the Director of the Office of Energy, U.S.
Department of Agriculture.
(c) Secretary means the Secretary of the U.S. Department of
Agriculture.
(d) Adjustment means an interpretation, modification, rescission of,
exception to or exemption from the Essential Agricultural Uses and
Requirements regulations, part 2900 of this chapter.
(e) NGPA means the Natural Gas Policy Act of 1978, Pub. L. 95-621.
(f) Petitioner means any person seeking an adjustment under this
part 2901.
Sec. 2901.3 Oral presentation.
Any person seeking an adjustment under this part 2901 shall be given
an opportunity to make an oral presentation of data, views and arguments
in support of the request for an adjustment, provided that a request to
make an oral presentation is submitted in writing with the request for
the adjustment. An official of the Department of Agriculture shall
preside at such oral presentation.
Sec. 2901.4 Interpretations.
(a) Request for an interpretation. (1) Any person seeking an
interpretation of the Essential Agricultural Uses and Requirements
regulations in part 2900 shall file a formal written request with the
Director. The request should contain a full and complete statement of
all relevant facts pertaining to the circumstances, act or transaction
that is the subject of the request and to the action sought, and should
state the special hardship, inequity, or unfair distribution of burdens
that will be prevented by the interpretation sought and why the
interpretation is consistent with the purposes of NGPA. The Director
shall publish a notice in the Federal Register advising the public that
a request for an interpretation has been received and that written
comments will be accepted with respect thereto, if received within 20
days of the notice. The Federal Register notice will provide that copies
of the request for interpretation from which confidential information
has been deleted in accordance with paragraph (a)(2) of this section may
be obtained from the petitioner.
(2) If the petitioner wishes to claim confidential treatment for any
information contained in the request or other documents submitted under
this part 2901, such person shall file together with the document a
second copy of the document from which has been deleted the information
for which such person wishes to claim confidential treatment. The
petitioner shall indicate in the original document that it is
confidential or contains confidential information and may file a
statement specifying the justification for non-disclosure of the
information for which non-disclosure is sought. The Director shall
consider such requests, and subject to the Freedom of Information Act, 5
U.S.C. 552 and other applicable laws and regulations, shall treat such
information as confidential.
(b) Investigations. The Director may initiate an investigation of
any statement in a request and utilize in his evaluation any relevant
facts obtained in such investigation. The Director may accept
submissions from third persons relevant to any request for
interpretation provided that the petitioner
[[Page 70]]
is afforded an opportunity to respond to all such submissions. In
evaluating a request for interpretation, the Director may consider any
other source of information.
(c) Applicability. Any interpretation issued hereunder shall be
issued on the basis of the information provided on the request, as
supplemented by other information brought to the attention of the
Director during the consideration of the request. The interpretation
shall, therefore, depend for its authority on the accuracy of the
factual statement and may be relied upon only to the extent that the
facts of the actual situation correspond to those upon which the
interpretation was based.
(d) Issuance of an interpretation. Upon consideration of the request
for interpretation and other relevant information received or obtained
by the Director, the Director may issue a written interpretation. A copy
of the written interpretation shall be provided to FERC and the
Secretary of Energy. Notice of the issuance of the written
interpretation shall be published in the Federal Register. The granting
of a request for issuance of an interpretation shall be considered final
agency action for purposes of judicial review under Sec. 2901.8.
(e) Denial of an interpretation. An interpretation shall be
considered denied for purpose of review of such denial under Sec.
2901.7 only if:
(1) The Director notifies the petitioner in writing that the request
is denied and that an interpretation will not be issued; or
(2) The Director does not respond to a request for an
interpretation, by (i) issuing an interpretation, or (ii) giving notice
of when an interpretation will be issued within 45 days of the date of
receipt of the request, or within such extended time as the Director may
prescribe by written notice within the 45-day period.
(f) For purposes of this part 2901 the word interpretation shall not
be deemed to include a simple clarification of an actual or purported
ambiguity in part 2900. The Director reserves the right to determine
whether a request involves simple clarification and shall advise the
requester of his decision.
Sec. 2901.5 Modifications and rescissions.
(a) Request for modification or rescission. (1) Any person seeking a
modification or a rescission of the Essential Agricultural Uses and
Requirements regulations of part 2900 shall file a formal written
request with the Director. The request shall contain a full and complete
statement of all relevant facts pertaining to the circumstance, act or
transaction that is the subject of the request and to the action sought.
The request should state the special hardship, inequity or unfair
distribution of burdens that will be prevented by making the
modification or rescission.
(2) If the petitioner wishes to claim confidential treatment for any
information contained in the request or other documents submitted under
this part 2901, such person shall file together with the document a
second copy of the document from which has been deleted the information
for which such person wishes to claim confidential treatment. The
petitioner shall indicate in the original document that it is
confidential or contains confidential information and may file a
statement specifying the justification for non-disclosure of the
information for which non-disclosure is sought. The Director shall
consider such requests, and subject to the Freedom of Information Act, 5
U.S.C. 552 and other applicable laws and regulations, shall treat such
information as confidential.
(3) The request shall be filed as a petition for rulemaking and
treated in accordance with the procedures, as applicable, of 7 CFR part
1, subpart B.
(b) Institution of rulemaking. Upon consideration of the request for
modification or rescission and other relevant information received or
obtained by the Director, the Director may institute rulemaking
proceedings in accordance with the Administrative Procedures Act 5
U.S.C. 551 et seq. and applicable regulations.
(c) Denial of a modification or rescission. If the Director (1)
denies the request for modification or rescission in writing by
notifying the petitioner that he does not intend to institute rulemaking
proceedings as proposed and stating the reasons therefor, or (2) does
not respond to a request for a
[[Page 71]]
modification or rescission in accordance with paragraph (b) of this
section or (3) notifies the petitioner in writing that the matter is
under continuing consideration and that no decision can be made at that
time because of the inadequacy of available information, changing
circumstances or other reasons as set forth therein, within 45 days of
the date of the receipt thereof, or within such extended time as the
Director may prescribe by written notice within that 45-day period, the
request shall be considered denied for the purpose of review of such
denial under Sec. 2901.7.
Sec. 2901.6 Exceptions and exemptions.
(a) Request for exception or exemption. (1) Any person seeking an
exception or exemption from the Essential Agricultural Uses and
Requirements regulations in part 2900 shall file a formal written
request with the Director. The request shall contain a full and complete
statement of all relevant facts pertaining to the circumstance, act, or
transaction that is the subject of the request and to the action sought.
The request should state the special hardship, inequity or unfair
distribution of burdens that will be prevented by making the exception
or exemption. The Director shall publish a notice in the Federal
Register advising the public that a request for an exception or
exemption has been received and that written comments will be accepted
with respect thereto if received within 20 days of the notice. The
Federal Register notice will provide that copies of the request from
which confidential information has been deleted in accordance with
paragraph (a)(2) of this section may be obtained from the petitioner.
The Petitioner shall be afforded an opportunity to respond to such
submissions.
(2) If the petitioner wishes to claim confidential treatment for any
information contained in the request or other documents submitted under
this part 2901, such person shall file together with the document a
second copy of the document from which has been deleted the information
for which such person wishes to claim confidential treatment. The
petitioner shall indicate in the original document that it is
confidential or contains confidential information and may file a
statement specifying the justification for non-disclosure of the
information for which non-disclosure is sought. The Director shall
consider such requests, and subject to the Freedom of Information Act, 5
U.S.C. 552 and other applicable laws and regulations, shall treat such
information as confidential.
(b) Decision and order. Upon consideration of the request for an
exception or exemption and other relevant information received or
obtained during the proceedings, the Director shall issue an order
granting or denying the request. The Director shall publish a notice in
the Federal Register of the issuance of a decision and order on the
request. The granting of a request for an exception or exemption shall
be considered final agency action for purposes of judicial review under
Sec. 2901.8.
(c) Denial of an exception or exemption. A request for an exception
or exemption shall be considered denied for purposes of review of such
denial under Sec. 2901.7 only if:
(1) The Director has notified the petitioner in writing that the
request is denied under paragraph (b) of this section; or
(2) The Director does not respond to a request for an exception or
exemption by (i) granting the request for an exception or exemption
under paragraph (b) of this section or (ii) giving notice of when a
decision will be made within 45 days of the receipt of the request, or
with such extended time as the Director may prescribe by written notice
within the 45-day period.
Sec. 2901.7 Review of denials.
(a) Request for review. (1) Any person aggrieved or adversely
affected by a denial of a request for any interpretation under Sec.
2901.4 may request a review of the denial by the Secretary, within 30
days from the date of the denial.
(2) Any person aggrieved or adversely affected by a denial of a
request for a modification or rescission under Sec. 2901.5, may request
a review of the denial by the Secretary within 30 days from the date of
the denial.
(3) Any person aggrieved or adversely affected by a denial of a
request for an exception or an exemption under
[[Page 72]]
Sec. 2901.6, may request a review of the denial by the Secretary within
30 days from the date of the denial.
(b) Procedures. Any request for review under Sec. 2901.7(a) shall
be in writing and shall set forth the specific ground upon which the
request is based. There is no final agency action for purposes of
judicial review under Sec. 2901.8 until that request has been acted
upon. If the request for review has not been acted upon within 30 days
after it is received, the request shall be deemed to have been denied.
That denial shall then constitute final agency action for the purpose of
judicial review under Sec. 2901.8.
Sec. 2901.8 Judicial review.
Any person aggrieved or adversely affected by a final agency action
taken on a request for an adjustment under this section may obtain
judicial review in accordance with section 506 of the Natural Gas Policy
Act of 1978.
Sec. 2901.9 Effective date.
This rule shall become effective on October 29, 1979.
PART 2902 [RESERVED]
PART 2903_BIODIESEL FUEL EDUCATION PROGRAM--Table of Contents
Subpart A_General Information
Sec.
2903.1 Applicability of regulations.
2903.2 Purpose of the program.
2903.3 Eligibility.
2903.4 Indirect costs.
2903.5 Matching requirements.
Subpart B_Program Description
2903.6 Project types.
2903.7 Project objectives.
Subpart C_Preparation of an Application
2903.8 Program application materials.
2903.9 Content of an application.
2903.10 Submission of an application.
2903.11 Acknowledgment of applications.
Subpart D_Application Review and Evaluation
2903.12 Application review.
2903.13 Evaluation criteria.
2903.14 Conflicts of interest and confidentiality.
Subpart E_Award Administration
2903.15 General.
2903.16 Organizational management information.
2903.17 Award document and notice of award.
Subpart F_Supplementary Information
2903.18 Access to review information.
2903.19 Use of funds; changes.
2903.20 Reporting requirements.
2903.21 Applicable Federal statutes and regulations.
2903.22 Confidential aspects of applications and awards.
2903.23 Definitions.
Authority: 7 U.S.C. 8104; 5 U.S.C. 301.
Source: 68 FR 56139, Sept. 30, 2003, unless otherwise noted.
Subpart A_General Information
Sec. 2903.1 Applicability of regulations.
(a) The regulations of this part only apply to Biodiesel Fuel
Education Program grants awarded under the provisions of section 9004 of
the Farm Security and Rural Investment Act of 2002 (FSRIA) (7 U.S.C.
8104) which authorizes the Secretary to award competitive grants to
eligible entities to educate governmental and private entities that
operate vehicle fleets, other interested entities (as determined by the
Secretary), and the public about the benefits of biodiesel fuel use.
Eligibility is limited to nonprofit organizations and institutions of
higher education (as defined in sec. 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) that have demonstrated both knowledge of
biodiesel fuel production, use, or distribution and the ability to
conduct educational and technical support programs. The Secretary
delegated this authority to the Chief Economist, who in turn delegated
this authority to the Director of OEPNU.
(b) The regulations of this part do not apply to grants awarded by
the Department of Agriculture under any other authority.
Sec. 2903.2 Purpose of the program.
The Biodiesel Fuel Education Program seeks to familiarize public and
[[Page 73]]
private vehicle fleet operators, other interested entities, and the
public, with the benefits of biodiesel, a relatively new fuel option in
the United States. It will also address concerns previously identified
by fleet operators and other potential users of this alternative fuel,
including the need to balance the positive environmental, social and
human health impacts of biodiesel utilization with the increased per
gallon cost to the user. It is the Program's goal to stimulate biodiesel
demand and encourage the further development of a biodiesel industry in
the United States.
Sec. 2903.3 Eligibility.
(a) Eligibility is limited to nonprofit organizations and
institutions of higher education that have demonstrated both knowledge
of biodiesel fuel production, use, or distribution and the ability to
conduct educational and technical support programs.
(b) Award recipients may subcontract to organizations not eligible
to apply provided such organizations are necessary for the conduct of
the project.
Sec. 2903.4 Indirect costs.
(a) For the Biodiesel Fuel Education Program, applicants should use
the current indirect cost rate negotiated with the cognizant Federal
negotiating agency. Indirect costs may not exceed the negotiated rate.
If no indirect cost rate has been negotiated, a reasonable dollar amount
for indirect costs may be requested, which will be subject to approval
by USDA. In the latter case, if a proposal is recommended for funding,
an indirect cost rate proposal must be submitted prior to award to
support the amount of indirect costs requested.
(b) A proposer may elect not to charge indirect costs and, instead,
charge only direct costs to grant funds. Grantees electing this
alternative will not be allowed to charge, as direct costs, indirect
costs that otherwise would be in the grantee's indirect cost pool under
the applicable Office of Management and Budget cost principles. Grantees
who request no indirect costs will not be permitted to revise their
budgets at a later date to charge indirect costs to grant funds.
Sec. 2903.5 Matching requirements.
There are no matching funds requirements for the Biodiesel Fuel
Education Program and matching resources will not be factored into the
review process as evaluation criteria.
Subpart B_Program Description
Sec. 2903.6 Project types.
OEPNU intends to award continuation grants to successful Biodiesel
Fuel Education Program applicants. A continuation grant is a grant
instrument by which the Department agrees to support a specified level
of effort for a predetermined project period with a statement of
intention to provide additional support at a future date, provided that
performance has been satisfactory, appropriations are available for this
purpose, and continued government support would be in the best interest
of the Federal government and the public. If these three elements are
met, OEPNU plans to provide additional support to the funded project(s).
Sec. 2903.7 Project objectives.
(a) Successful projects will develop practical indicators or
milestones to measure their progress towards achieving the following
objectives:
(1) Enhance current efforts to collect and disseminate biodiesel
information;
(2) Coordinate with other biodiesel educational or promotional
programs, and with Federal, State and local programs aimed at
encouraging biodiesel use, including the EPAct program;
(3) Create a nationwide networking system that delivers biodiesel
information to targeted audiences, including users, distributors and
other infrastructure-related personnel;
(4) Identify and document the benefits of biodiesel (e.g., lifecycle
costing); and
(5) Gather data pertaining to information gaps and develop
strategies to address the gaps.
(b) [Reserved]
[[Page 74]]
Subpart C_Preparation of an Application
Sec. 2903.8 Program application materials.
OEPNU will publish periodic program announcements to notify
potential applicants of the availability of funds for competitive
continuation grants. The program announcement will provide information
about obtaining program application materials.
Sec. 2903.9 Content of an application.
(a) Applications should be prepared following the guidelines and the
instructions in the program announcement. At a minimum, applications
shall include: a proposal cover page, project summary, project
description, information about key personnel, documentation of
collaborative arrangements, information about potential conflicts-of-
interest, budget forms and a budget narrative, information about current
and pending support, and assurance statements.
(b) Proper preparation of applications will assist reviewers in
evaluating the merits of each application in a systematic, consistent
fashion. Specific instructions regarding additional application content
requirements and the ordering of application contents will be included
in the program announcement. These will include instructions about paper
size, margins, font type and size, line spacing, page numbering, the
inclusion of illustrations, and electronic submission.
Sec. 2903.10 Submission of an application.
The program announcement will provide the deadline date for
submitting an application, the number of copies of each application that
must be submitted, and the address to which proposals must be submitted.
Sec. 2903.11 Acknowledgment of applications.
The receipt of all applications will be acknowledged. Applicants who
do not receive an acknowledgment within 60 days of the submission
deadline should contact the program contact indicated on the program
announcement. Once the application has been assigned a proposal number,
that number should be cited on all future correspondence.
Subpart D_Application Review and Evaluation
Sec. 2903.12 Application review.
(a) Reviewers will include government and non-government
individuals. All reviewers will be selected based upon training and
experience in relevant scientific, extension, or education fields,
taking into account the following factors:
(1) The level of relevant formal scientific, technical education, or
extension experience of the individual, as well as the extent to which
an individual is engaged in relevant research, education, or extension
activities; and
(2) The need to include as reviewers experts from various areas of
specialization within relevant scientific, education, or extension
fields.
(b) In addition, when selecting non-government reviewers, the
following factors will be considered:
(1) The need to include as reviewers other experts (e.g., producers,
range or forest managers/operators, and consumers) who can assess
relevance of the applications to targeted audiences and to program
needs;
(2) The need to include as reviewers experts from a variety of
organizational types (e.g., colleges, universities, industry, state and
Federal agencies, private profit and non-profit organizations) and
geographic locations;
(3) The need to maintain a balanced composition of reviewers with
regard to minority and female representation and an equitable age
distribution; and
(4) The need to include reviewers who can judge the effective
usefulness to producers and the general public of each application.
(c) Authorized departmental officers will compile application
reviews and recommend awards to OEPNU. OEPNU will make final award
decisions.
Sec. 2903.13 Evaluation criteria.
(a) The following evaluation criteria will be used in reviewing
applications submitted for the Biodiesel Fuel Education Program:
[[Page 75]]
(1) Relevance of proposed project to current and future issues
related to the production, use, distribution, fuel quality, and fuel
properties of biodiesel, including:
(i) Demonstrated knowledge about markets, state initiatives, impacts
on local economies, regulatory issues, standards, and technical issues;
(ii) Demonstrated knowledge about issues associated with developing
a biodiesel infrastructure; and
(iii) Quality and extent of stakeholder involvement in planning and
accomplishment of program objectives.
(2) Reasonableness of project proposal, including:
(i) Sufficiency of scope and strategies to provide a consistent
message in keeping with existing standards and regulations;
(ii) Adequacy of Project Description, suitability and feasibility of
methodology to develop and implement program;
(iii) Clarity of objectives, milestones, and indicators of progress;
(iv) Adequacy of plans for reporting, assessing and monitoring
results over project's duration; and
(v) Demonstration of feasibility, and probability of success.
(3) Technical quality of proposed project, including:
(i) Suitability and qualifications of key project personnel;
(ii) Institutional experience and competence in providing
alternative fuel education, including:
(A) Demonstrated knowledge about programs involved in alternative
fuel research and education;
(B) Demonstrated knowledge about other fuels, fuel additives, engine
performance, fuel quality and fuel emissions;
(C) Demonstrated knowledge about Federal, State and local programs
aimed at encouraging alternative fuel use;
(D) Demonstrated ability in providing educational programs and
developing technical programs; and
(E) Demonstrated ability to analyze technical information relevant
to the biodiesel industry.
(iii) Adequacy of available or obtainable resources; and
(iv) Quality of plans to administer and maintain the project,
including collaborative efforts, evaluation and monitoring efforts.
(b) [Reserved]
Sec. 2903.14 Conflicts of interest and confidentiality.
(a) During the peer evaluation process, extreme care will be taken
to prevent any actual or perceived conflicts of interest that may impact
review or evaluation. Determinations of conflicts of interest will be
based on the academic and administrative autonomy of an institution. The
program announcement will specify the methodology for determining such
autonomy.
(b) Names of submitting institutions and individuals, as well as
application content and peer evaluations, will be kept confidential,
except to those involved in the review process, to the extent permitted
by law. In addition, the identities of peer reviewers will remain
confidential throughout the entire review process. Therefore, the names
of the reviewers will not be released to applicants. At the end of the
fiscal year, names of reviewers will be made available in such a way
that the reviewers cannot be identified with the review of any
particular application.
Subpart E_Award Administration
Sec. 2903.15 General.
Within the limit of funds available for such purpose, the Authorized
Departmental Officer (ADO) shall make grants to those responsible,
eligible applicants whose applications are judged most meritorious under
the procedures set forth in this part. The date specified by the ADO as
the effective date of the grant shall be no later than September 30 of
the Federal fiscal year in which the project is approved for support and
funds are appropriated for such purpose, unless otherwise permitted by
law. It should be noted that the project need not be initiated on the
grant effective date, but as soon thereafter as practical so that
project goals may be attained within the funded project period. All
funds granted by OEPNU under this program shall be expended solely for
the purpose for which the funds are granted in accordance
[[Page 76]]
with the approved application and budget, the regulations of this part,
the terms and conditions of the award, the applicable Federal cost
principles, and the applicable Department assistance regulations
(including part 3019 of this title).
Sec. 2903.16 Organizational management information.
Specific management information relating to an applicant shall be
submitted on a one-time basis as part of the responsibility
determination prior to the award of a grant identified under this
program, if such information has not been provided previously. Copies of
forms recommended for use in fulfilling these requirements will be
provided as part of the preaward process.
Sec. 2903.17 Award document and notice of award.
(a) The award document will provide pertinent instructions and
information including, at a minimum, the following:
(1) Legal name and address of performing organization or institution
to whom OEPNU has issued an award under this program;
(2) Title of project;
(3) Name(s) and institution(s) of PDs chosen to direct and control
approved activities;
(4) Identifying award number assigned by the Department;
(5) Project period;
(6) Total amount of Departmental financial assistance approved by
OEPNU during the project period;
(7) Legal authority(ies) under which the award is issued;
(8) Appropriate Catalog of Federal Domestic Assistance (CFDA)
number;
(9) Approved budget plan for categorizing allocable project funds to
accomplish the stated purpose of the award; and
(10) Other information or provisions deemed necessary by OEPNU and
the Authorized Departmental Officer to carry out the awarding activities
or to accomplish the purpose of a particular award.
(b) [Reserved]
Subpart F_Supplementary Information
Sec. 2903.18 Access to review information.
Copies of reviews, not including the identity of reviewers, and a
summary of the comments will be sent to the applicant PD after the
review process has been completed.
Sec. 2903.19 Use of funds; changes.
(a) Delegation of fiscal responsibility. Unless the terms and
conditions of the award state otherwise, the awardee may not in whole or
in part delegate or transfer to another person, institution, or
organization the responsibility for use or expenditure of award funds.
(b) Changes in project plans. (1) The permissible changes by the
awardee, PD(s), or other key project personnel in the approved project
shall be limited to changes in methodology, techniques, or other similar
aspects of the project to expedite achievement of the project's approved
goals. If the awardee or the PD(s) is uncertain as to whether a change
complies with this provision, the question must be referred to the
Authorized Departmental Officer (ADO) for a final determination. The ADO
is the signatory of the award document, not the program contact.
(2) Changes in approved goals or objectives shall be requested by
the awardee and approved in writing by the ADO prior to effecting such
changes. In no event shall requests for such changes be approved which
are outside the scope of the original approved project.
(3) Changes in approved project leadership or the replacement or
reassignment of other key project personnel shall be requested by the
awardee and approved in writing by the ADO prior to effecting such
changes.
(4) Transfers of actual performance of the substantive programmatic
work in whole or in part and provisions for payment of funds, whether or
not Federal funds are involved, shall be requested by the awardee and
approved in writing by the ADO prior to effecting such transfers, unless
prescribed otherwise in the terms and conditions of the award.
(5) Changes in project period. The project period may be extended by
[[Page 77]]
OEPNU without additional financial support, for such additional
period(s) as the ADO determines may be necessary to complete or fulfill
the purposes of an approved project, but in no case shall the total
project period exceed five years. Any extension of time shall be
conditioned upon prior request by the awardee and approval in writing by
the ADO, unless prescribed otherwise in the terms and conditions of
award.
(6) Changes in approved budget. Changes in an approved budget must
be requested by the awardee and approved in writing by the ADO prior to
instituting such changes if the revision will involve transfers or
expenditures of amounts requiring prior approval as set forth in the
applicable Federal cost principles, Departmental regulations, or award.
Sec. 2903.20 Reporting requirements.
The award document will give instructions regarding the submission
of progress reports, including the frequency and required contents of
the reports.
Sec. 2903.21 Applicable Federal statutes and regulations.
Several Federal statutes and regulations apply to grant applications
considered for review and to project grants awarded under this program.
These include, but are not limited to:
(a) 7 CFR part 1, subpart A--USDA implementation of the Freedom of
Information Act.
(b) 7 CFR part 3--USDA implementation of OMB Circular No. A-129
regarding debt collection.
(c) 7 CFR part 15, subpart A--USDA implementation of Title VI of the
Civil Rights Act of 1964, as amended.
(d) 2 CFR part 417, Nonprocurement Debarment and Suspension.
(e) 2 CFR part 418, New Restrictions on Lobbying. Imposes
prohibitions and requirements for disclosure and certification related
to lobbying on recipients of Federal contracts, grants, cooperative
agreements, and loans.
(f) 2 CFR part 200, subparts B--General Provisions, C--Pre-Federal
Award Requirements and Contents of Federal Awards, and D--Post-Federal
Award Requirements, as adopted by USDA through 2 CFR part 400.
(g) 2 CFR part 421, Requirements for Drug-Free Workplace (Financial
Assistance).
(h) 2 CFR part 200, subpart F--Audit Requirements, as adopted by
USDA through 2 CFR part 400. Title 29 U.S.C. 794 (sec. 504,
Rehabilitation Act of 1973) and 7 CFR part 15b (USDA implementation of
statute)--prohibiting discrimination based upon physical or mental
handicap in federally assisted programs. Title 35 U.S.C. 200 et seq.--
Bayh-Dole Act, controlling allocation of rights to inventions made by
employees of small business firms and domestic nonprofit organizations,
including universities, in federally assisted programs (implementing
regulations are contained in 37 CFR part 401).
[85 FR 31939, May 28, 2020]
Sec. 2903.22 Confidential aspects of applications and awards.
When an application results in an award, it becomes a part of the
record of USDA transactions, available to the public upon specific
request. Information that the Secretary determines to be of a
confidential, privileged, or proprietary nature will be held in
confidence to the extent permitted by law. Therefore, any information
that the applicant wishes to have considered as confidential,
privileged, or proprietary should be clearly marked within the
application. The original copy of an application that does not result in
an award will be retained by the Agency for a period of one year. Other
copies will be destroyed. Such an application will be released only with
the consent of the applicant or to the extent required by law. An
application may be withdrawn at any time prior to the final action
thereon.
Sec. 2903.23 Definitions.
For the purpose of this program, the following definitions are
applicable:
Authorized departmental officer or ADO means the Secretary or any
employee of the Department who has the authority to issue or modify
grant instruments on behalf of the Secretary.
Authorized organizational representative or AOR means the president
or chief executive officer of the applicant
[[Page 78]]
organization or the official, designated by the president or chief
executive officer of the applicant organization, who has the authority
to commit the resources of the organization.
Biodiesel means a monoalkyl ester that meets the requirements of an
appropriate American Society for Testing and Materials Standard.
Budget period means the interval of time (usually 12 months) into
which the project period is divided for budgetary and reporting
purposes.
Department or USDA means the United States Department of
Agriculture.
Education activity means an act or process that imparts knowledge or
skills through formal or informal training and outreach.
Grant means the award by the Secretary of funds to an eligible
recipient for the purpose of conducting the identified project.
Grantee means the organization designated in the award document as
the responsible legal entity to which a grant is awarded.
Institution of higher education, as defined in sec. 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001), means an educational
institution in any State that:
(1) Admits as regular students only persons having a certificate of
graduation from a school providing secondary education, or the
recognized equivalent of such a certificate;
(2) Is legally authorized within such State to provide a program of
education beyond secondary education;
(3) Provides an educational program for which the institution awards
a bachelor's degree or provides not less than a two-year program that is
acceptable for full credit toward such a degree;
(4) Is a public or other nonprofit institution; and
(5) Is accredited by a nationally recognized accrediting agency or
association, or if not so accredited, is an institution that has been
granted preaccreditation status by such an agency or association that
has been recognized by the Secretary of Education for the granting of
preaccreditation status, and the Secretary of Education has determined
that there is satisfactory assurance that the institution will meet the
accreditation standards of such an agency or association within a
reasonable time.
OEPNU means the Office of Energy Policy and New Uses.
Peer review is an evaluation of a proposed project performed by
experts with the scientific knowledge and technical skills to conduct
the proposed work whereby the technical quality and relevance to the
program are assessed.
Prior approval means written approval evidencing prior consent by an
authorized departmental officer (as defined in this section).
Program means the Biodiesel Fuel Education Program.
Project means the particular activity within the scope of the
program supported by a grant award.
Project director or PD means the single individual designated by the
grantee in the grant application and approved by the Secretary who is
responsible for the direction and management of the project, also known
as a principal investigator for research activities.
Project period means the period, as stated in the award document and
modifications thereto, if any, during which Federal sponsorship begins
and ends.
Secretary means the Secretary of Agriculture and any other officer
or employee of the Department to whom the authority involved may be
delegated.
PARTS 2904 2999 [RESERVED]
[[Page 79]]
CHAPTER XXX--OFFICE OF THE CHIEF FINANCIAL OFFICER, DEPARTMENT OF
AGRICULTURE
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Part Page
3000-3010
[Reserved]
3011 Availability of information to the public... 81
3053-3099
[Reserved]
[[Page 81]]
PARTS 3000 3010 [RESERVED]
PART 3011_AVAILABILITY OF INFORMATION TO THE PUBLIC--Table of Contents
Sec.
3011.1 General statement.
3011.2 Public inspection and copying.
3011.3 Indexes.
3011.4 Initial requests for records.
3011.5 Appeals.
3011.6 Fee schedule.
Authority: 5 U.S.C. 301 and 522; 7 CFR 1.3.
Source: 54 FR 51869, Dec. 19, 1989, unless otherwise noted.
Sec. 3011.1 General statement.
This part is issued in accordance with 7 CFR 1.3 of the Department
of Agriculture regulations governing the availability of records (7 CFR
1.1-1.23 and Appendix A) under the Freedom of Information Act (5 U.S.C.
552, as amended). These regulations supplement the Department's
regulations by providing guidance for any person wishing to request
records from the Office of Finance and Management (OFM).
Sec. 3011.2 Public inspection and copying.
(a) Background. 5 U.S.C. 552(a)(2) requires each agency to maintain
and make available for public inspection and copying certain kinds of
records.
(b) Procedure. To gain access to OFM records that are available for
public inspection, contact the Freedom of Information Act Officer by
writing to the address shown in Sec. 3011.4(b) of this title.
Sec. 3011.3 Indexes.
5 U.S.C. 552(a)(2) also requires that each agency maintain and make
available for public inspection and copying current indexes providing
identifying information for the public with regard to any records which
are made available for public inspection and copying. OFM does not
maintain any materials within the scope of these requirements.
Sec. 3011.4 Initial requests for records.
(a) Background. The Freedom of Information Act Officer is authorized
to:
(1) Grant or deny requests for OFM records,
(2) Make discretionary release of OFM records when the benefit to
the public in releasing the document outweighs any harm likely to result
from disclosure,
(3) Reduce or waive fees to be charged where determined to be
appropriate.
(b) Procedures. This part provides the titles and mailing address of
officials who are authorized to release records to the public. The
normal working hours of these offices are 8:30 a.m. to 5:00 p.m., local
time, Monday through Friday, excluding holidays, during which public
inspection and copying of certain kinds of records is permitted. Persons
wishing to request records from the Office of Finance and Management may
do so by submitting each initial written request for OFM records to the
appropriate OFM official shown below:
(1) For records held at the Washington, DC Headquarters units,
submit initial requests to the Freedom of Information Act Officer,
Office of Finance and Management, USDA, 14th and Independence Ave., SW.,
Room 117-W, Administration Building, Washington, DC 20250-9000.
(2) For records held at the National Finance Center in New Orleans,
Louisiana, submit initial requests to the Freedom of Information Act
Officer, National Finance Center, OFM, USDA, 13800 Old Gentilly Road,
Building 350, (P.O. Box 60,000, New Orleans, LA 70160), New Orleans,
Louisiana 70129.
If the requester is unable to determine the official to whom the request
should be addressed, it should be submitted to the Headquarters Freedom
of Information Act Officer who will refer such requests to the
appropriate officials.
Sec. 3011.5 Appeals.
Any person whose initial request is denied in whole or in part may
appeal that denial, in accordance with 7 CFR 1.6(e) and 1.8, to the
Director, Office of Finance and Management, USDA, Room 117-W,
Administration Building, 14th and Independence Ave., Washington, DC
20250-9000.
Sec. 3011.6 Fee schedule.
Departmental regulations provide for a schedule of reasonable
standard
[[Page 82]]
charges for document search and duplication. See 7 CFR 1.2(b). Fees to
be charged are set forth in 7 CFR part 1, subpart A, Appendix A.
PARTS 3053 3099 [RESERVED]
[[Page 83]]
CHAPTER XXXI--OFFICE OF ENVIRONMENTAL QUALITY, DEPARTMENT OF AGRICULTURE
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Part Page
3100 Cultural and environmental quality.......... 85
3101-3199
[Reserved]
[[Page 85]]
PART 3100_CULTURAL AND ENVIRONMENTAL QUALITY--Table of Contents
Subparts A-B [Reserved]
Subpart C_Enhancement, Protection, and Management of the Cultural
Environment
Sec.
3100.40 Purpose.
3100.41 Authorities.
3100.42 Definitions.
3100.43 Policy.
3100.44 Implementation.
3100.45 Direction to agencies.
3100.46 Responsibilities of the Department of Agriculture.
Subparts A-B [Reserved]
Subpart C_Enhancement, Protection, and Management of the Cultural
Environment
Authority: Sec. 106, National Historic Preservation Act, as amended
(16 U.S.C. 470f); National Environmental Policy Act, as amended (42
U.S.C. 4321 et seq.); E.O. 11593, 36 FR 8921, May 13, 1971.
Source: 44 FR 66181, Nov. 19, 1979, unless otherwise noted.
Sec. 3100.40 Purpose.
(a) This subpart establishes USDA policy regarding the enhancement,
protection, and management of the cultural environment.
(b) This subpart establishes procedures for implementing Executive
Order 11593, and regulations promulgated by the Advisory Council on
Historic Preservation (ACHP) ``Protection of Historical and Cultural
Properties'' in 36 CFR part 800 as required by Sec. 800.10 of those
regulations.
(c) Direction is provided to the agencies of USDA for protection of
the cultural environment.
Sec. 3100.41 Authorities.
These regulations are based upon and implement the following laws,
regulations, and Presidential directives:
(a) Antiquities Act of 1906 (Pub. L. 59-209; 34 Stat. 225; 16 U.S.C.
431 et seq.) which provides for the protection of historic or
prehistoric remains or any object of antiquity on Federal lands;
establishes criminal sanctions for unauthorized destruction or
appropriation of antiquities; and authorizes scientific investigation of
antiquities on Federal lands, subject to permit and regulations.
Paleontological resources also are considered to fall within the
authority of this Act.
(b) Historic Sites Act of 1935 (Pub. L. 74-292; 49 Stat. 666; 16
U.S.C. 461 et seq.) which authorizes the establishment of National
Historic Sites and otherwise authorizes the preservation of properties
of national historical or archeological significance; authorizes the
designation of National Historic Landmarks; establishes criminal
sanctions for violation of regulations pursuant to the Act; authorizes
interagency, intergovernmental, and interdisciplinary efforts for the
preservation of cultural resources; and other provisions.
(c) Reservoir Salvage Act of 1960 (Pub. L. 86-521; 74 Stat. 220; 16
U.S.C. 469-469c.) which provides for the recovery and preservation of
historical and archeological data, including relics and specimens, that
might be lost or destroyed as a result of the construction of dams,
reservoirs, and attendant facilities and activities.
(d) The National Historic Preservation Act of 1966 as amended (16
U.S.C. 470), which establishes positive national policy for the
preservation of the cultural environment, and sets forth a mandate for
protection in section 106. The purpose of section 106 is to protect
properties on or eligible for the National Register of Historic Places
through review and comment by the ACHP of Federal undertakings that
affect such properties. Properties are listed on the National Register
or declared eligible for listing by the Secretary of the Interior. As
developed through the ACHP's regulations, section 106 establishes a
public interest process in which the Federal agency proposing an
undertaking, the State Historic Preservation Officer, the ACHP,
interested organizations and individuals participate. The process is
designed to insure that properties, impacts on them, and effects to them
are identified, and that alternatives to avoid or mitigate an adverse
effect on property eligible for the National Register are adequately
considered in the planning process.
(e) The National Environmental Policy Act of 1969 (NEPA) (Pub. L.
91-190; 83
[[Page 86]]
Stat. 852; 42 U.S.C. 4321 et seq.) which declares that it is the policy
of the Federal Government to preserve important historic, cultural, and
natural aspects of our national heritage. Compliance with NEPA requires
consideration of all environmental concerns during project planning and
execution.
(f) Executive Order 11593, ``Protection and Enhancement of the
Cultural Environment'', which gives the Federal Government the
responsibility for stewardship of our nation's heritage resources and
charges Federal agencies with the task of inventorying historic and
prehistoric sites on their lands. E.O. 11593 also charges agencies with
the task of identifying and nominating all historic properties under
their jurisdiction, and exercising caution to insure that they are not
transferred, sold, demolished, or substantially altered.
(g) Historical and Archeological Data Preservation Act of 1974.
(Pub. L. 93-291; 88 Stat. 174.) which amends the Reservoir Salvage Act
of 1960 to extend its provisions beyond the construction of dams to any
alteration of the terrain caused as a result of any Federal construction
project or federally licensed activity or program. In addition, the Act
provides a mechanism for funding the protection of historical and
archeological data.
(h) Presidential memorandum of July 12, 1978, ``Environmental
Quality and Water Resource Management'' which directs the ACHP to
publish final regulations, implementing section 106 of the National
Historic Preservation Act (NHPA), and further directs each agency with
water and related land resources responsibilities to publish procedures
implementing those regulations.
(i) 36 CFR part 800, ``Protection of Historic and Cultural
Properties'' which establishes procedures for the implementation of
section 106 of the NHPA, and directs publication of agency implementing
procedures.
(j) Land use policy of the USDA (Secretary's Memorandum No. 1827
Revised, with Supplement) which establishes a commitment by the
Department to the preservation of farms, rural communities, and rural
landscapes.
(k) Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 611) and
Executive Order 12072 (Federal Space Management). The Act encourages
adaptive use of historic buildings as administrative facilities for
Federal agencies and activities; the Executive Order directs Federal
agencies to locate administrative and other facilities in central
business districts.
(l) American Indian Religious Freedom Act of 1978 (42 U.S.C. 1996)
which declares it to be the policy of the United States to protect and
preserve for American Indians their inherent right of freedom to
believe, express, and exercise the traditional religions of the American
Indian, Eskimo, Aleut, and Native Hawaiians.
Sec. 3100.42 Definitions.
All definitions are those which appear in 36 CFR part 800. In
addition, the following apply in this rule:
Cultural resources (heritage resources) are the remains or records
of districts, sites, structures, buildings, networks, neighborhoods,
objects, and events from the past. They may be historic, prehistoric,
archeological, or architectural in nature. Cultural resources are an
irreplaceable and nonrenewable aspect of our national heritage.
Cultural environment is that portion of the environment which
includes reminders of the rich historic and prehistoric past of our
nation.
Sec. 3100.43 Policy.
(a) The nonrenewable cultural environment of our country constitutes
a valuable and treasured portion of the national heritage of the
American people. The Department of Agriculture is committed to the
management--identification, protection, preservation, interpretation,
evaluation and nomination--of our prehistoric and historic cultural
resources for the benefit of all people of this and future generations.
(b) The Department supports the cultural resource goals expressed in
Federal legislation. Executive orders, and regulations.
(c) The Department supports the preservation and protection of
farms, rural landscapes, and rural communities.
(d) The Department is committed to consideration of the needs of
American
[[Page 87]]
Indians, Eskimo, Aleut, and Native Hawaiians in the practice of their
traditional religions.
(e) The Department will aggressively implement these policies to
meet goals for the positive management of the cultural environment.
Sec. 3100.44 Implementation.
(a) It is the intent of the Department to carry out its program of
management of the cultural environment in the most effective and
efficient manner possible. Implementation must consider natural resource
utilization, must exemplify good government, and must constitute a
noninflationary approach which makes the best use of tax dollars.
(b) The commitment to cultural resource protection is vital. That
commitment will be balanced with the multiple departmental goals of food
and fiber production, environmental protection, natural resource and
energy conservation, and rural development. It is essential that all of
these be managed to reduce conflicts between programs. Positive
management of the cultural environment can contribute to achieving
better land use, protection of rural communities and farm lands,
conservation of energy, and more efficient use of resources.
(c) In reaching decisions, the long-term needs of society and the
irreversible nature of an action must be considered. The Department must
act to preserve future options; loss of important cultural resources
must be avoided except in the face of overriding national interest where
there are no reasonable alternatives.
(d) To assure the protection of Native American religious practices,
traditional religious leaders and other native leaders (or their
representatives) should be consulted about potential conflict areas in
the management of the cultural environment and the means to reduce or
eliminate such conflicts.
Sec. 3100.45 Direction to agencies.
(a) Each agency of the Department shall consult with OEQ to
determine whether its programs and activities may affect the cultural
environment. Then, if needed, the agency, in consultation with the OEQ,
shall develop its own specific procedures for implementing section 106
of the National Historic Preservation Act, Executive Order 11593, the
regulations of the ACHP (36 CFR part 800), the American Indian Religious
Freedom Act of 1978 and other relevant legislation and regulations in
accordance with the agency's programs, mission and authorities. Such
implementing procedures shall be published as proposed and final
procedures in the Federal Register, and must be consistent with the
requirements of 36 CFR part 800 and this subpart. Where applicable, each
agency's procedures must contain mechanisms to insure:
(1) Compliance with section 106 of NHPA and mitigation of adverse
effects to cultural properties on or eligible for the National Register
of Historic Places;
(2) Clear definition of the kind and variety of sites and properties
which should be managed;
(3) Development of a long-term program of management of the cultural
environment on lands administered by USDA as well as direction for
project-specific protection;
(4) Identification of all properties listed on or eligible for
listing in the National Register that may be affected directly or
indirectly by a proposed activity;
(5) Location, identification and nomination to the Register of all
sites, buildings, objects, districts, neighborhoods, and networks under
its management which appear to qualify (in compliance with E.O. 11593);
(6) The exercise of caution to assure that properties managed by
USDA which may qualify for nomination are not transferred, sold,
demolished, or substantially altered;
(7) Early consultation with, and involvement of, the State Historic
Preservation Officer(s), the ACHP, Native American traditional religious
leaders and appropriate tribal leaders, and others with appropriate
interests or expertise;
(8) Early notification to insure substantive and meaningful
involvement by the public in the agency's decisionmaking process as it
relates to the cultural environment;
[[Page 88]]
(9) Identification and consideration of alternatives to a proposed
undertaking that would mitigate or minimize adverse effects to a
property identified under paragraph (a)(4) of this section;
(10) Funding of mitigation measures where required to minimize the
potential for adverse effects on the cultural environment. Funds for
mitigation shall be available and shall be spent when needed during the
life of the project to mitigate the expected loss; and
(11) Development of plans to provide for the management, protection,
maintenance and/or restoration of Register sites under its management.
(b) Each agency of the Department which conducts programs or
activities that may have an effect on the cultural environment shall
recruit, place, develop, or otherwise have available, professional
expertise in anthropology, archeology, history, historic preservation,
historic architecture, and/or cultural resource management (depending
upon specific need). Such arrangements may include internal hiring,
Intergovernmental Personnel Act assignments, memoranda of agreement with
other agencies or Departments, or other mechanisms which insure a
professionally directed program. Agencies should use Department of the
Interior professional standards (36 CFR 61.5) as guidelines to insure
Departmentwide competence and consistency.
(c) Compliance with cultural resource legislation is the
responsibility of each individual agency. Consideration of cultural
resource values must begin during the earliest planning stages of any
undertaking.
(d) Agency heads shall insure that cultural resource management
activities meet professional standards as promulgated by the Department
of the Interior (e.g., 36 CFR parts 60, 63, 66, 1208).
(e) Cultural resource review requirements and compliance with
section 106 of NHPA and Executive Order 11593 shall be integrated and
run concurrently, rather than consecutively, with the other
environmental considerations under NEPA regulations. As such, direct and
indirect impacts on cultural resources must be addressed in the
environmental assessment for every agency undertaking. In meeting these
requirements, agencies shall be guided by regulations implementing the
procedural provisions of NEPA (40 CFR parts 1500-1508) and Department of
Agriculture regulations (7 CFR part 3100, subpart B).
(f) Each agency shall work closely with the appropriate State
Historic Preservation Officer(s) in their preparation of State plans,
determination of inventory needs, and collection of data relevant to
general plans or specific undertakings in carrying out mutual cultural
resource responsibilities.
(g) Each agency shall, to the maximum extent possible, use existing
historic structures for administrative purposes in compliance with
Public Buildings Cooperative Use Act of 1976 and Executive Order 12072,
``Federal Space Management''.
(h) Each agency should consult with Native American traditional
religious leaders or their representatives and other native leaders in
the development and implementation of cultural resource programs which
may affect their religious customs and practices.
Sec. 3100.46 Responsibilities of the Department of Agriculture.
(a) Within the Department, the responsibility for the protection of
the cultural environment is assigned to the Office of Environmental
Quality (OEQ). The Office is responsible for reviewing the development
and implementation of agency procedures and insuring Departmental
commitment to cultural resource goals.
(b) The Director of the OEQ is the Secretary's Designee to the ACHP.
(c) In order to carry out cultural resource responsibilities, there
will be professional expertise within the OEQ to advise agencies, aid
the Department in meeting its cultural resource management goals, and to
insure that all Departmental and agency undertakings comply with
applicable cultural resource protection legislation and regulations.
(d) The OEQ will be involved in individual compliance cases only
where resolution cannot be reached at the agency level. Prior to the
decision to refer a matter to the full Council of the
[[Page 89]]
ACHP, the OEQ will review the case and make recommendations to the
Secretary regarding the position of the Department. The agency also will
consult with the OEQ before reaching a final decision in response to the
Council's comments. Copies of correspondence relevant to compliance with
Section 106 shall be made available to OEQ.
PARTS 3101 3199 [RESERVED]
[[Page 91]]
CHAPTER XXXII--OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT, DEPARTMENT
OF AGRICULTURE
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Part Page
3200 Department of Agriculture guidelines for the
acquisition and transfer of excess
personal property....................... 93
3201 Guidelines for designating biobased products
for Federal procurement................. 95
3202 Voluntary labeling program for biobased
products................................ 155
3203 Guidelines for the transfer of excess
computers or other technical equipment
pursuant to section 14220 of the 2008
Farm Bill............................... 168
3204-3299
[Reserved]
[[Page 93]]
PART 3200_DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE ACQUISITION AND
TRANSFER OF EXCESS PERSONAL PROPERTY--Table of Contents
Sec.
3200.1 Purpose.
3200.2 Eligibility.
3200.3 Definitions.
3200.4 Procedures.
3200.5 Dollar limitation.
3200.6 Restrictions.
3200.7 Title.
3200.8 Costs.
3200.9 Accountability and record keeping.
3200.10 Disposal.
3200.11 Liabilities and losses.
Authority: 5 U.S.C. 301; 7 U.S.C. 2206a.
Source: 63 FR 57234, Oct. 27, 1998, unless otherwise noted.
Sec. 3200.1 Purpose.
This Part sets forth the procedures to be utilized by Department of
Agriculture (USDA) in the acquisition and transfer of excess property to
the 1890 Land Grant Institutions (including Tuskegee University), 1994
Land Grant Institutions, and the Hispanic-Serving Institutions in
support of research, educational, technical, and scientific activities
or for related programs as authorized by 7 U.S.C. 2206a. Title to the
personal property shall pass to the institution.
Sec. 3200.2 Eligibility.
Institutions that are eligible to receive Federal excess personal
property pursuant to the provisions of this part are the 1890 Land Grant
Institutions (including Tuskegee University), 1994 Land Grant
Institutions, and the Hispanic-Serving Institutions conducting research,
educational, technical, and scientific activities or related programs.
Sec. 3200.3 Definitions.
(a) 1890 Land grant institutions--any college or university eligible
to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et.
seq.), including Tuskegee University.
(b) 1994 Land grant institutions--any of the tribal colleges or
universities as defined in section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note).
(c) Hispanic-serving institutions--institutions of higher education
as defined in section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c (b)).
(d) Property management officer--is an authorized USDA or
institution official responsible for property management.
(e) Screener--is an individual designated by an eligible institution
and authorized by the General Services Administration (GSA) to visit
property sites for the purpose of inspecting personal property intended
for use by the institution.
(f) Excess personal property--is any personal property under the
control of a Federal agency that is no longer needed.
(g) Cannibalization--is the dismantling of equipment for parts to
repair or enhance other equipment.
Sec. 3200.4 Procedures.
(a) To receive information concerning the availability of Federal
excess personal property, an eligible institution's property management
officer may contact their regional GSA, Area Utilization Officer. For
information on USDA excess personal property, visit the USDA Web site at
http://www.nfc.usda.gov/propexcs. USDA excess property will first be
screened by USDA agencies through the Departmental Excess Personal
Property Coordinator (DEPPC) using the Departmental Property Management
Information System.
(b) Excess property selected by screeners of eligible institutions
should be inspected whenever possible, or the holding agency should be
contacted to verify the condition of the items, because interpretation
of condition codes varies among Federal agencies.
(c) If the condition of the item is acceptable, the institution
should ``freeze'' (reserve) items by calling the appropriate GSA office
or USDA Departmental Excess Personal Property Coordinator (DEPPC). Since
GSA may have several ``freezes'' on a piece of equipment, it is critical
that the paperwork be submitted as soon as possible. Further, while
transfers of excess personal property normally will be approved by GSA
on a first-come-first-serve basis, consideration will be given
[[Page 94]]
to such factors as national defense requirements, emergency needs,
preclusion of new procurement, energy conservation, equitable
distribution, and retention of title in the Government.
(d) Eligible institutions may submit property requests by mail or
fax on a Standard Form 122, ``Transfer Order Excess Personal Property''.
(e) The SF-122 should be signed by the eligible institution's
property management officer or authorized designee.
(1) The following information should also be provided:
(i) Date prepared.
(ii) GSA/DEPPC address.
(iii) Ordering Agency and address.
(iv) Holding Agency and address.
(v) Name and address of Institution.
(vi) Location of property.
(vii) Shipping instruction (including institution contact person and
phone number).
(viii) Complete description of property including original
acquisition cost, serial number, condition code, and quantity.
(2) This statement needs to be added following the property
description:
``The property requested hereon is certified to be used in support
of research, educational, technical, and scientific activities or for
related programs. This transfer is requested pursuant to the provisions
of Section 923 Pub. L. 104-127 (7 U.S.C. 2206a). Also, in accordance
with these provisions USDA authorizes transfer of title of this property
to the college/university/institution.''
(f) The SF-122 should be forwarded to USDA for approval and
signature by an authorized USDA official. As confirmation of approval,
the eligible institution's property management officer will receive a
stamped copy of the SF-122. If the request is disapproved, it will be
returned to the property management officer of the eligible institution
with an appropriate explanation. All USDA approved SF-122's will be
forwarded to DEPPC or the appropriate GSA office for final approval.
(g) Once the excess personal property is physically received, the
institution is required to immediately return a copy of the SF-122 to
USDA indicating receipt of requested items. Cancellations should also be
reported to USDA.
Note: USDA shall send an informational copy of all SF-122's
transactions to GSA.
[63 FR 57234, Oct. 27, 1998, as amended at 68 FR 75107, Dec. 30, 2003]
Sec. 3200.5 Dollar limitation.
There is no dollar limitation on excess personal property obtained
under these procedures.
Sec. 3200.6 Restrictions.
(a) Property in the following Federal Supply Groups are prohibited
from transfer.
Ineligible Federal Supply Code Groups
------------------------------------------------------------------------
FSC Group Name
------------------------------------------------------------------------
10........................................ Weapons.
11........................................ Nuclear ordinance.
13........................................ Ammunition and explosives.
14........................................ Guided missiles.
18........................................ Space vehicles.
------------------------------------------------------------------------
(b) The property in the FSC's listed below are discouraged from
transfer and not approved on a routine basis. However, Institutions may
request items in these FSC groups, but all requests will be referred to
the Director, Office of Procurement and Property Management for
consideration and approval:
------------------------------------------------------------------------
FSC Group Name
------------------------------------------------------------------------
15........................................ Aircraft and airframe
structural components.
16........................................ Aircraft components and
accessories.
17........................................ Aircraft launching, landing
and ground handling
equipment.
20........................................ Ship and marine equipment.
------------------------------------------------------------------------
(c) Excess personal property may be transferred for the purpose of
cannibalization, provided the eligible institution submits a supporting
statement which clearly indicates that cannibalizing the requested
property for secondary use has greater benefit than utilization of the
item in its existing form.
(d) Use of the procedures in this part for the purpose of
stockpiling of excess personal property for future cannibalization is
prohibited. Transfer requests for the purpose of cannibalization will be
considered, but are normally subordinate to requests for complete items.
[63 FR 57234, Oct. 27, 1998, as amended at 68 FR 75107, Dec. 30, 2003]
[[Page 95]]
Sec. 3200.7 Title.
Title to excess personal property obtained under Part 3200 will
automatically pass to the 1890 Land Grant Institutions (including
Tuskegee University), 1994 Land Grant Institutions, and the Hispanic-
Serving Institutions once USDA receives the SF-122 indicating that the
institution has received the property. Note: When competing Federal
claims are made for particular items of excess personal property held by
agencies other than USDA, with or without payment of reimbursement, GSA
will give preference to the Federal agency that will retain title in the
Government.
Sec. 3200.8 Costs.
Excess personal property obtained under this part is provided free
of charge. However, the institution must pay all costs associated with
packaging and transportation. The institution should specify the method
of shipment on the SF-122.
Sec. 3200.9 Accountability and record keeping.
USDA requires that Federal excess personal property received by an
eligible institution pursuant to this part shall be placed into use for
a research, educational, technical, or scientific activity, or for a
related purpose, within 1 year of receipt of the property, and used for
such purpose for at least 1 year thereafter. The institution's property
management officer must establish and maintain accountable records
identifying the property's location, description, utilization and value.
To ensure that the excess personal property is being used for its
intended purpose under this part, compliance reviews will be conducted
by an authorized representative of USDA. The review will include site
visit inspections of the property and the accountability and record
keeping systems.
Sec. 3200.10 Disposal.
Once the requirements in Sec. 3200.9 are met for retention and use
of property by the Institution and title is transferred, Federal excess
personal property (FEPP) no longer needed by an Institution will be
disposed of in accordance with the Institution's disposal practices.
Regardless of ownership, FEPP must never be disposed of in any manner
which is detrimental or dangerous to public health or safety. Also, any
costs incurred during the disposal process are the responsibility of the
Institution.
[68 FR 75108, Dec. 30, 2003]
Sec. 3200.11 Liabilities and losses.
USDA assumes no liability with respect to accidents, bodily injury,
illness, or any other damages or loss related to excess personal
property transferred under this part.
PART 3201_GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL PROCUREMENT--Table of Contents
Subpart A_General
Sec.
3201.1 Purpose and scope.
3201.2 Definitions.
3201.3 Applicability to Federal procurements.
3201.4 Procurement programs.
3201.5 Category designation.
3201.6 Providing product information to Federal agencies.
3201.7 Determining biobased content.
3201.8 Determining price, environmental and health benefits, and
performance.
3201.9 [Reserved]
Subpart B_Designated Product Categories and Intermediate Ingredients or
Feedstocks
3201.10 Mobile equipment hydraulic fluids.
3201.11 Roof coatings.
3201.12 Water tank coatings.
3201.13 Diesel fuel additives.
3201.14 Penetrating lubricants.
3201.15 Bedding, bed linens, and towels.
3201.16 Adhesive and mastic removers.
3201.17 Plastic insulating foam for residential and commercial
construction.
3201.18 Hand cleaners and sanitizers.
3201.19 Composite panels.
3201.20 Fluid-filled transformers.
3201.21 Disposable containers.
3201.22 Fertilizers.
3201.23 Sorbents.
3201.24 Graffiti and grease removers.
3201.25 2-Cycle engine oils.
3201.26 Lip care products.
3201.27 Films.
3201.28 Stationary equipment hydraulic fluids.
3201.29 Disposable cutlery.
3201.30 Glass cleaners.
[[Page 96]]
3201.31 Greases.
3201.32 Dust suppressants.
3201.33 Carpets.
3201.34 Carpet and upholstery cleaners.
3201.35 Bathroom and spa cleaners.
3201.36 Concrete and asphalt release fluids.
3201.37 De-Icers.
3201.38 Firearm cleaners, lubricants, and protectants.
3201.39 Floor strippers.
3201.40 Laundry products.
3201.41 Metalworking fluids.
3201.42 Wood and concrete sealers.
3201.43 Chain and cable lubricants.
3201.44 Corrosion preventatives.
3201.45 Food cleaners.
3201.46 Forming lubricants.
3201.47 Gear lubricants.
3201.48 General purpose household cleaners.
3201.49 Industrial cleaners.
3201.50 Multipurpose cleaners.
3201.51 Parts wash solutions.
3201.52 Disposable tableware.
3201.53 Expanded polystyrene foam recycling products.
3201.54 Heat transfer fluids.
3201.55 Ink removers and cleaners.
3201.56 Mulch and compost materials.
3201.57 Multipurpose lubricants.
3201.58 [Reserved]
3201.59 Topical pain relief products.
3201.60 Turbine drip oils.
3201.61 Animal repellents.
3201.62 Bath products.
3201.63 Bioremediation materials.
3201.64 Compost activators and accelerators.
3201.65 Concrete and asphalt cleaners.
3201.66 Cuts, burns, and abrasions ointments.
3201.67 Dishwashing products.
3201.68 Erosion control materials.
3201.69 Floor cleaners and protectors.
3201.70 Hair care products.
3201.71 Interior paints and coatings.
3201.72 Oven and grill cleaners.
3201.73 Slide way lubricants.
3201.74 Thermal shipping containers.
3201.75 Air fresheners and deodorizers.
3201.76 Asphalt and tar removers.
3201.77 Asphalt restorers.
3201.78 Blast media.
3201.79 Candles and wax melts.
3201.80 Electronic components cleaners.
3201.81 Floor coverings (non-carpet).
3201.82 Foot care products.
3201.83 Furniture cleaners and protectors.
3201.84 Inks.
3201.85 Packing and insulating materials.
3201.86 Pneumatic equipment lubricants.
3201.87 Wood and concrete stains.
3201.88 Agricultural spray adjuvants.
3201.89 Animal cleaning products.
3201.90 Deodorants.
3201.91 Dethatcher products.
3201.92 Fuel conditioners.
3201.93 Leather, vinyl, and rubber care products.
3201.94 Lotions and moisturizers.
3201.95 Shaving products.
3201.96 Specialty precision cleaners and solvents.
3201.97 Sun care products.
3201.98 Wastewater systems coatings.
3201.99 Water and wastewater treatment chemicals.
3201.100 Aircraft and boat cleaners.
3201.101 Automotive care products.
3201.102 Engine crankcase oil.
3201.103 Gasoline fuel additives.
3201.104 Metal cleaners and corrosion removers.
3201.105 Microbial cleaning products.
3201.106 Paint removers.
3201.107 Water turbine bearing oils.
3201.108 Intermediates--Plastic Resins.
3201.109 Intermediates--Chemicals.
3201.110 Intermediates--Paint and Coating Components.
3201.111 Intermediates--Textile Processing Materials.
3201.112 Intermediates--Foams.
3201.113 Intermediates--Fibers and Fabrics.
3201.114 Intermediates--Lubricant Components.
3201.115 Intermediates--Binders.
3201.116 Intermediates--Cleaner Components.
3201.117 Intermediates--Personal Care Product Components.
3201.118 Intermediates--Oils, Fats, and Waxes.
3201.119 Intermediates--Rubber Materials.
3201.120 Adhesives.
3201.121 Animal habitat care products.
3201.122 Cleaning tools.
3201.123 Concrete curing agents.
3201.124 Concrete repair materials.
3201.125 Durable cutlery.
3201.126 Durable tableware.
3201.127 Epoxy systems.
3201.128 Exterior paints and coatings.
3201.129 Facial care products.
3201.130 Feminine care products.
3201.131 Fire logs and fire starters.
3201.132 Folders and filing products.
3201.133 Foliar sprays.
3201.134 Gardening supplies and accessories.
3201.135 Heating fuels and wick lamps.
3201.136 Kitchenware and accessories.
3201.137 Other lubricants.
3201.138 Phase change materials.
3201.139 Playground and athletic surface materials.
3201.140 Powder coatings.
3201.141 Product packaging.
3201.142 Rugs and floor mats.
3201.143 Shopping and trash bags.
3201.144 Soil amendments.
3201.145 Surface guards, molding, and trim.
3201.146 Toys and sporting gear.
3201.147 Traffic and zone marking paints.
3201.148 Transmission fluids.
[[Page 97]]
3201.149 Wall coverings.
Source: 70 FR 1809, Jan. 11, 2005, unless otherwise noted.
Authority: 7 U.S.C. 8102.
Subpart A_General
Source: 70 FR 1809, Jan. 11, 2005, unless otherwise noted.
Redesignated at 76 FR 53632, Aug. 29, 2011.
Sec. 3201.1 Purpose and scope.
(a) Purpose. The purpose of the guidelines in this part is to assist
procuring agencies in complying with the requirements of section 9002 of
the Farm Security and Rural Investment Act of 2002 (FSRIA), Public Law
107-171, 116 Stat. 476 (7 U.S.C. 8102), as amended by the Food,
Conservation, and Energy Act of 2008, Public Law 110-246, 122 Stat.
1651, as they apply to the procurement of the products designated in
subpart B of this part.
(b) Scope. The guidelines in this part establish a process for
designating categories of products that are, or can be, produced with
biobased components and materials and whose procurement by procuring
agencies and other relevant stakeholders will carry out the objectives
of section 9002 of FSRIA. The guidelines also establish a process for
designating categories of intermediate ingredients and feedstocks that
are, or can be, used to produce final products that will be designated
and, thus, subject to Federal preferred procurement. The guidelines also
establish a process for calculating the biobased content of complex
assembly products, whose biobased content cannot be measured following
ASTM Standard Method D6866, and for designating complex assembly product
categories.
[76 FR 6321, Feb. 4, 2011, as amended at 79 FR 44654, Aug. 1, 2014]
Sec. 3201.2 Definitions.
These definitions apply to this part:
Agricultural materials. Agricultural-based, including plant, animal,
and marine materials, raw materials or residues used in the manufacture
of commercial or industrial, nonfood/nonfeed products.
ASTM International. ASTM International, a nonprofit organization
organized in 1898, is one of the largest voluntary standards development
organizations in the world with about 30,000 members in over 100
different countries. ASTM provides a forum for the development and
publication of voluntary consensus standards for materials, products,
systems, and services.
BEES. An acronym for ``Building for Environmental and Economic
Sustainability,'' an analytic tool used to determine the environmental
and health benefits and life cycle costs of products and materials,
developed by the U.S. Department of Commerce National Institute of
Standards and Technology.
Biobased components. Any intermediary biobased materials or parts
that, in combination with other components, are functional parts of the
biobased product.
Biobased content. Biobased content shall be determined based on the
amount of biobased carbon in the material or product as a percent of
weight (mass) of the total organic carbon in the material or product.
Biobased product. (1) A product determined by USDA to be a
commercial or industrial product (other than food or feed) that is:
(i) Composed, in whole or in significant part, of biological
products, including renewable domestic agricultural materials and
forestry materials; or
(ii) An intermediate ingredient or feedstock.
(2) The term ``biobased product'' includes, with respect to forestry
materials, forest products that meet biobased content requirements,
notwithstanding the market share the product holds, the age of the
product, or whether the market for the product is new or emerging.
Biodegradability. A quantitative measure of the extent to which a
material is capable of being decomposed by biological agents, especially
bacteria.
Biological products. Products derived from living materials other
than agricultural or forestry materials.
Complex assembly. A system of distinct materials and components
assembled to create a finished product with specific functional intent
where some
[[Page 98]]
or all of the system inputs contain some amount of biobased material or
feedstock.
Designated intermediate ingredient or feedstock category. A generic
grouping of biobased intermediate ingredients or feedstocks identified
in subpart B of this part that, when comprising more than 50 percent (or
another amount as specified in subpart B of this part) of a resultant
final product, qualifies the resultant final product for the procurement
preference established under section 9002 of FSRIA.
Designated product category. A generic grouping of biobased
products, including those final products made from designated
intermediate ingredients or feedstocks, or complex assemblies identified
in subpart B of this part, that is eligible for the procurement
preference established under section 9002 of FSRIA.
Diluent. A substance used to diminish the strength, scent, or other
basic property of a substance.
Engineered wood products. Products produced with a combination of
wood, food fibers and adhesives.
EPA-designated recovered content product. A product, designated
under the Resource Conservation and Recovery Act, that is subject to
Federal procurement as specified in section 6002 of the Solid Waste
Disposal Act (42 U.S.C. 6962), whereby Federal agencies must give
preferred procurement to those products composed of the highest
percentage of recovered materials practicable, subject to availability,
cost, and performance.
FCEA. The Food, Conservation and Energy Act of 2008, Pub. L. 110-
246.
Federal agency. Any executive agency or independent establishment in
the legislative or judicial branch of the Government (except the Senate,
the House of Representatives, the Architect of the Capitol, and any
activities under the Architect's direction).
Filler. A substance added to a product to increase the bulk, weight,
viscosity, strength, or other property.
Forest product. A product made from materials derived from the
practice of forestry or the management of growing timber. The term
``forest product'' includes:
(1) Pulp, paper, paperboard, pellets, lumber, and other wood
products; and
(2) Any recycled products derived from forest materials.
Forest thinnings. Refers to woody materials removed from a dense
forest, primarily to improve growth, enhance forest health, or recover
potential mortality. (To recover potential mortality means to remove
trees that are going to die in the near future.)
Formulated product. A product that is prepared or mixed with other
ingredients, according to a specified formula and includes more than one
ingredient.
FSRIA. The Farm Security and Rural Investment Act of 2002, Public
Law 107-171, 116 Stat. 134 (7 U.S.C. 8102).
Functional unit. A measure of product technical performance that
provides a common reference to which all environmental and economic
impacts of the product are scaled. This reference is necessary to ensure
comparability of performance results across competing products.
Comparability of results is critical when competing product alternatives
are being assessed to ensure that such comparisons are made on a common
basis. For example, the functional unit for competing interior paint
products may be defined as ``protecting one square foot of interior wall
surface for 50 years.''
Ingredient. A component; part of a compound or mixture; may be
active or inactive.
Intermediate ingredient or feedstock. A material or compound made in
whole or in significant part from biological products, including
renewable agricultural materials (including plant, animal, and marine
materials) or forestry materials that have undergone value added
processing (including thermal, chemical, biological, or a significant
amount of mechanical processing), excluding harvesting operations,
offered for sale by a manufacturer or vendor and that is subsequently
used to make a more complex compound or product.
ISO. The International Organization for Standardization, a network
of national standards institutes from 145 countries working in
partnership with international organizations, governments, industries,
business, and consumer representatives.
[[Page 99]]
Neat product. A product that is made of only one ingredient and is
not diluted or mixed with other substances.
Procuring agency. Any Federal agency that is using Federal funds for
procurement or any person contracting with any Federal agency with
respect to work performed under the contract.
Qualified biobased product. A product that is eligible for Federal
preferred procurement because it meets the definition and minimum
biobased content criteria for one or more designated product categories,
or one or more designated intermediate ingredient or feedstock
categories, as specified in subpart B of this part.
Relative price. The price of a product as compared to the price of
other products on the market that have similar performance
characteristics.
Relevant stakeholder. Individuals or officers of state or local
government organizations, private non-profit institutions or
organizations, and private businesses or consumers.
Renewable chemical. A monomer, polymer, plastic, formulated product,
or chemical substance produced from renewable biomass.
Residues. That which remains after a part is taken, separated,
removed, or designated; a remnant; a remainder; and, for this purpose,
is from agricultural materials, biological products, or forestry
materials.
Secretary. The Secretary of the United States Department of
Agriculture.
Small and emerging private business enterprise. Any private business
which will employ 50 or fewer new employees and has less than $1 million
in projected annual gross revenues.
Sustainably managed forests. Refers to the practice of a land
stewardship ethic that integrates the reforestation, management,
growing, nurturing, and harvesting of trees for useful products while
conserving soil and improving air and water quality, wildlife, fish
habitat, and aesthetics.
[70 FR 1809, Jan. 11, 2005, as amended at 71 FR 13704, Mar. 16, 2006; 71
FR 42575, July 27, 2006; 76 FR 6321, Feb. 4, 2011; 79 FR 44654, Aug. 1,
2014; 80 FR 34029, June 15, 2015]
Sec. 3201.3 Applicability to Federal procurements.
(a) Applicability to procurement actions. The guidelines in this
part apply to all procurement actions by procuring agencies involving
items designated by USDA in this part, where the procuring agency
purchases $10,000 or more worth of one of these items during the course
of a fiscal year, or where the quantity of such items or of functionally
equivalent items purchased during the preceding fiscal year was $10,000
or more. The $10,000 threshold applies to Federal agencies as a whole
rather than to agency subgroups such as regional offices or subagencies
of a larger Federal department or agency.
(b) Exception for procurements subject to EPA regulations under the
Solid Waste Disposal Act. For any procurement by any procuring agency
that is subject to regulations of the Administrator of the Environmental
Protection Agency under section 6002 of the Solid Waste Disposal Act as
amended by the Resource Conservation Act of 1976 (40 CFR part 247),
these guidelines do not apply to the extent that the requirements of
this part are inconsistent with such regulations.
(c) Procuring products composed of the highest percentage of
biobased content. Section 9002(a)(2) of FSRIA requires procuring
agencies to procure qualified biobased products composed of the highest
percentage of biobased content practicable or such products that comply
with the regulations issued under section 103 of Public Law 100-556 (42
U.S.C. 6914b-1). Procuring agencies may decide not to procure such
qualified biobased products if they are not reasonably priced or readily
available or do not meet specified or reasonable performance standards.
(d) This guideline does not apply to purchases of qualified biobased
products that are unrelated to or incidental to Federal funding; i.e.,
not the direct result of a contract or agreement with persons supplying
items to a procuring agency or providing support services that include
the supply or use of products.
(e) Exemptions. The following applications are exempt from the
preferred procurement requirements of this part:
[[Page 100]]
(1) Military equipment: Products or systems designed or procured for
combat or combat-related missions.
(2) Spacecraft systems and launch support equipment.
[71 FR 42575, July 27, 2006, as amended at 73 FR 27953, May 14, 2008; 76
FR 6321, Feb. 4, 2011; 79 FR 44655, Aug. 1, 2014]