[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6023]


[[Page Unknown]]

[Federal Register: March 16, 1994]


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DEPARTMENT OF AGRICULTURE
Farmers Home Administration

7 CFR Parts 1942 and 1980

RIN 0575-AB53

 

Rural Business Enterprise Grants and Television Demonstration 
Grants; Technical Assistance and Training Grants; Nonprofit National 
Corporations Loan and Grant Program

AGENCY: Farmers Home Administration, USDA.

ACTION: Proposed rule.

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SUMMARY: The Farmers Home Administration (FmHA) proposes to amend the 
FmHA policies and procedures governing the administration of programs 
which authorize technical assistance as an eligible grant purpose. This 
action is necessary to implement legislation that prohibits duplication 
of technical assistance grant funding provided by the Forest Service 
(FS). The intended effect of this action is to require that grant funds 
may not be used to pay for technical assistance which duplicates 
assistance provided under an action plan funded by the FS under the 
National Forest-Department Rural Communities Economic Diversification 
Act during 5 continuous years from the date of grant approval by the 
FS.

DATES: Comments must be submitted on or before April 15, 1994.

ADDRESSES: Submit written comments in duplicate to the Office of the 
Chief, Regulations Analysis and Control Branch, Farmers Home 
Administration, U.S. Department of Agriculture, room 6348, South 
Agriculture Building, 14th Street and Independence Avenue SW., 
Washington, DC 20250-0700. All written comments made pursuant to this 
notice will be available for public inspection during regular working 
hours at the above address.

FOR FURTHER INFORMATION CONTACT:
Jennifer Barton, Loan Specialist, Community Facilities Division, Rural 
Development Administration, U.S. Department of Agriculture, room 6314, 
South Agriculture Building, 14th Street and Independence Avenue SW., 
Washington, DC 20250-0700, telephone (202) 720-1504.

SUPPLEMENTARY INFORMATION:

Classification

    We are issuing this proposed rule in conformance with Executive 
Order 12866, and we have determined that it is not a ``significant 
regulatory action.'' Based on information compiled by the Department, 
we have determined that this proposed rule: (1) Would have an effect on 
the economy of less than $100 million; (2) would not adversely affect 
in a material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; (3) would not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency; (4) would not alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or rights and 
obligations of recipients thereof; and (5) would not raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or principles set forth in Executive Order 12866.

Environmental Impact

    This document has been reviewed in accordance with 7 CFR part 1940, 
Subpart G, ``Environmental Program.'' FmHA has determined that this 
action does not constitute a major Federal action significantly 
affecting the quality of the human environment, and in accordance with 
the National Environmental Policy Act of 1969, Public Law 91-190, an 
Environmental Impact Statement is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, the 
Administrator has determined that this action will not have a 
significant economic impact on a substantial number of small entities 
because the action will not affect a significant number of small 
entities as defined by the Regulatory Flexibility Act (5 U.S.C. 601).

Executive Order 12778

    The proposed regulation has been reviewed in light of Executive 
Order 12778 and meets the applicable standards provided in sections 
2(a) and 2(b)(2) of that Order. Provisions within this part which are 
inconsistent with State law are controlling. All administrative 
remedies pursuant to 7 CFR part 1900, Subpart B, must be exhausted 
prior to filing suit.

Paperwork Reduction Act

    The collection of information requirements contained in this 
regulation have been submitted to the Office of Management and Budget 
for review under section 3504(h) of the Paperwork Reduction Act of 
1980. Public reporting burden for this collection of information is 
estimated to vary from 30 minutes to 1.5 hours per response, with an 
average of 1 hour per response including time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to Department of Agriculture, 
Clearance Officer, OIRM, room 404-W, Washington, DC 20250; and to the 
Office of Management and Budget, Attention: Desk Officer for the 
Farmers Home Administration, Washington, DC 20503.

Background

    FmHA proposes this action to implement section 2375(e) of Public 
Law 101-624, which requires the Secretary of Agriculture to ensure that 
no substantially similar geographical or defined local area in a State 
receives a grant for technical assistance to an economically 
disadvantaged community from the FS and a grant for technical 
assistance under a designated rural development program as defined in 
section 365(b)(2) of the Consolidated Farm and Rural Development Act, 
during any continuous 5-year period.

Programs Affected

    The programs/activities are listed in the Catalog of Federal 
Domestic Assistance under Numbers 10.424, Rural Development Grants; 
10.434, Nonprofit National Corporations Loans and Grant Program; and 
10.436, Technical Assistance and Training Grants. The 10.424 and 10.434 
programs are subject to the provisions of Executive Order 12372 which 
requires intergovernmental consultation with State and local officials. 
The 10.436 program is exempt from the provisions of Executive Order 
12372. FmHA conducts intergovernmental consultation in the manner 
delineated in FmHA Instruction 1940-J.

List of Subjects in 7 CFR Parts 1942 and 1980

    Business and industry; Community development; Community facilities; 
Economics development, Grant programs--housing and community 
development, Grant programs--nonprofit corporations, Industrial park, 
Loan programs--nonprofit corporations, Rural areas.
    Therefore, chapter XVIII, title 7, Code of Federal Regulations is 
proposed to be amended as follows:

PART 1942--ASSOCIATIONS

    1. The authority citation for part 1942 continues to read as 
follows:

    Authority: 7 U.S.C. 1989; 5 U.S.C. 301; 7 CFR 2.23; 7 CFR 2.70.

Subpart G--Rural Business Enterprise Grants and Television 
Demonstration Grants

    2. Section 1942.307 is amended by adding a new paragraph (a)(6) as 
follows:


Sec. 1942.307  Limitations on use of grant funds.

    (a) * * *
    (6) To pay for technical assistance as defined in this subpart 
which duplicates assistance provided to implement an action plan funded 
by the Forest Service (FS) under the National Forest-Dependent Rural 
Communities Economic Diversification Act for 5 continuous years from 
the date of grant approval by the FS. To avoid duplicate assistance, 
the grantee shall coordinate with FS and FmHA to ascertain if a grant 
has been made in a substantially similar geographical or defined local 
area in a State for technical assistance under the above program. The 
grantee will provide documentations to FS and FmHA regarding the 
contact with each agency. Under its program, the FS assists rural 
communities dependent upon national forest resources by establishing 
rural forestry and economic diversification action teams which prepare 
action plans. Action plans are intended to provide opportunities to 
promote economic diversification and enhance local economies dependent 
upon national forest resources.
* * * * *

Subpart J--Technical Assistance and Training Grants

    3. Section 1942.460 is amended by adding paragraph (g) to read as 
follows:


Sec. 1942.460  Limitations.

* * * * *
    (g) Pay for technical assistance as defined in this subpart which 
duplicates assistance provided to implement an action plan funded by 
the Forest Service (FS) under the National Forest-Dependent Rural 
Communities Economic Diversification Act for 5 continuous years from 
the date of grant approval by the FS. To avoid duplicate assistance, 
the grantee shall coordinate with the FS and FmHA to ascertain if a 
grant has been made in a substantially similar geographical or defined 
local area in a State for technical assistance under the above 
programs. The grantee will provide documentation to FS and FmHA 
regarding the contact with each agency. Under its program, the FS 
assists rural communities dependent upon national forest resources by 
establishing rural forestry and economic diversification action teams 
which prepare action plans. Action plans are intended to provide 
opportunities to promote economic diversification and enhance local 
economies dependent upon national forest resources.

PART 1980--GENERAL

    4. The authority citation for part 1980 continues to read as 
follows:

    Authority: 7 U.S.C. 1989, 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR 
2.23; 7 CFR 2.70.

Subpart G--Nonprofit National Corporations Loan and Grant Program

    5. Section 1980.613 is amended by redesignating the existing 
paragraph as paragraph (a) and adding subparagraph (b) to read as 
follows:


Sec. 1980.613  Technical assistance.

* * * * *
    (b) Grant funds for technical assistance which duplicates 
assistance provided under an action plan funded by the Forest Service 
(FS) under the National Forest-Dependent Rural Economic Diversification 
Act provided for 5 continuous years from the date of grant approval by 
the FS. To avoid duplicate assistance, the NNC shall coordinate with 
the FS and FmHA to ascertain if a grant has been made in a 
substantially similar geographical or defined local area in a State for 
technical assistance under the above program. The NNC will provide 
documentation to FS and FmHA regarding the contact with each agency. 
Under its program, the FS assists rural communities dependent upon 
national forest resources by establishing rural forestry and economic 
diversification action teams which prepare action plans. Action plans 
are intended to provide opportunities to promote economic 
diversification and enhance local economies dependent upon national 
forest resources.

    Dated: March 1, 1994.
Bob J. Nash,
Under Secretary, Small Community and Rural Development.
[FR Doc. 94-6023 Filed 3-15-94; 8:45 am]
BILLING CODE 3410-07-M