[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Rules and Regulations]
[Page 9786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4288]



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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Parts 12 and 18


Administrative Requirements and Cost Principles for Assistance 
Programs--Subpart D--Governmentwide Debarment and Suspension 
(Nonprocurement) and Governmentwide Requirements for Drug-Free 
Workplace (Grants); New Restrictions on Lobbying

AGENCY: Office of the Secretary, Interior.

ACTION: Notification of policy change.

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SUMMARY: This document announces a change in Departmental policy 
concerning the acceptance of certification regarding nonprocurement 
debarment and suspension for primary and lower tier covered 
transactions; drug-free workplace requirements; and lobbying, including 
the statement for loan guarantees and loan insurance. Since the use of 
special Departmental forms to meet regulatory requirements was a 
statement of Departmental policy, and not regulatory, the Department is 
using this document to inform potential applicants for grants, 
cooperative agreements, and loans to the revised policy. This change is 
in keeping with the philosophies of the National Performance Review to 
streamline processes. The effect of this change is to allow applicants, 
at the instruction of the Departmental bureau or office, to use any 
forms or formats, including electronic equivalents, as long as the 
certification or statement contains the applicable language required by 
the regulation.

EFFECTIVE DATE: This policy change is effective on February 22, 1995.

FOR FURTHER INFORMATION CONTACT:
Dean A. Titcomb, (Chief, Acquisition and Assistance Division), (202) 
208-6431.

SUPPLEMENTARY INFORMATION: The Department jointed in the publication of 
the Final Rule on Nonprocurement Debarment and Suspension published on 
May 26, 1988 (53 FR 19161-19211). To implement the certification 
requirements for participants in primary and lower tier covered 
transactions included in 43 CFR 12.510 (a) and (b), the Department 
developed two Departmental forms for use, specifically, DI-1953 (9/88), 
``Certification Regarding Debarment, Suspension, and Other 
Responsibility Matters--Primary Covered Transactions,'' and DI-1954 (9/
88), ``Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions.'' The 
certification language used in these forms was the same as that 
appearing in Appendices A and B to Subpart D of 43 CFR Part 12.
    With the publication of the Final Rule on Drug-Free Workplace 
Requirements published on May 25, 1990 (55 FR 21681-21705), the 
Department adopted a similar approach to implement the certification 
requirements required by 43 CFR 12.630(a). Specifically, DI-1955 (May 
1990), ``Certification Regarding Drug-Free Workplace Requirements'' was 
developed for grantees other than individuals, and DI-1956 (May 1990), 
``Certification Regarding Drug-Free Workplace Requirements,'' was 
developed for grantees who are individuals. The certification language 
used in these forms was also the same as that appearing in Appendix C 
to Subpart D of 43 CFR Part 12.
    The Interim Final Rule on New Restrictions on Lobbying was 
published on February 6, 1990 (55 FR 6735-6756). As part of its agency-
specific preamble, the Department identified two Departmental forms to 
be used for implementing the lobbying certification and statement 
requirements included in 43 CFR 18.100 (b) and (d), specifically, DI-
1963 (Jan 90), ``Certification Regarding Lobbying Form,'' and DI-1962 
(Jan 90), ``Statement for Loan Guarantees and Loan Insurance Form.''
    This policy change will increase the flexibility of the 
Departmental bureaus and offices for meeting these requirements and 
will accommodate particular needs of applicants that have the 
capability of using other methods to provide the certifications or 
statement. Departmental bureaus and offices will retain the option to 
continue accepting the existing forms and any subsequent revisions, a 
consolidated version of the forms, an electronic equivalent, forms of 
other Federal agencies, if appropriate, or forms prepared by automated 
systems of applicant organizations as long as the certification or 
statement contains the applicable language required by the regulation.
    In some instances, the certification instructions found on the 
existing forms may no longer be included in program announcements. 
Potential applicants needing instructions for completion of a 
certification may refer to the published regulation or may request 
printed instructions from the individual named in the specific program 
announcement or publication.

    Dated: January 31, 1995.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management and Budget.
[FR Doc. 95-4288 Filed 2-21-95; 8:45 am]
BILLING CODE 4310-RF-M