[Federal Register Volume 63, Number 97 (Wednesday, May 20, 1998)]
[Rules and Regulations]
[Page 27667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13442]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 97 / Wednesday, May 20, 1998 / Rules 
and Regulations  

[[Page 27667]]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 3017


Governmentwide Debarment and Suspension (Nonprocurement); 
Delegation of Authority

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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SUMMARY: This rule amends 7 CFR part 3017 to permit the Chief of the 
Forest Service to redelegate the authority to serve as Forest Service 
nonprocurement debarring or suspending official to the Deputy Chief or 
an Associate Deputy Chief for the National Forest System.

EFFECTIVE DATE: May 20, 1998.

FOR FURTHER INFORMATION CONTACT:
Jim Naylor, Forest Management Staff, Forest Service, USDA, STOP 1105, 
P.O. Box 96090, Washington, D.C. 20090-6090 (202) 205-0858.

SUPPLEMENTARY INFORMATION: Under the Governmentwide nonprocurement 
debarment and suspension rules, the authority to act as the Debarring 
and Suspending Official is vested in the agency head or an official 
designated by the agency head (53 FR 19161, 19205; May 26, 1988). 
However, the U.S. Department of Agriculture regulations implementing 
the Governmentwide nonprocurement debarment and suspension rules (54 FR 
4721, 4731; Jan. 30, 1989) provide that the authority to act as a 
Debarring and Suspending Official may not be delegated below the head 
of any organizational unit of the U.S. Department of Agriculture.

    The time-consuming nature of the Debarring and Suspending 
Official's duties is inconsistent with the other duties of and demands 
on the Chief of the Forest Service in overseeing the Forest Service's 
programs. The Debarring and Suspending Official must personally review 
the record, conduct informal hearings, and make the decision to 
suspend, propose debarment, or debar. If there is subsequent 
litigation, the official may be required to answer depositions or to 
testify. Moreover, Forest Service debarment and suspension cases are 
complicated because many deal with indictments for timber theft, 
collusive bidding, and other serious violations concerning contracts 
and permits for the use of natural resources.
    Therefore, in recognition of the number and complexity of Forest 
Service nonprocurement debarment and suspension actions, the Secretary 
is revising the USDA rule to permit the Chief to redelegate the 
authority to act as the Forest Service nonprocurement Debarring and 
Suspending Official to a subordinate Forest Service official, namely 
the Deputy Chief and the Associate Deputy Chiefs for the National 
Forest System.

Regulatory Impact

    This rule relates to internal Department management. As such, this 
rule has no substantive effect, nor is it subject to prior review by 
the Office of Management and Budget under Executive Order 12866. 
Because of its internal nature, this rule also is exempt from further 
analysis under the Civil Justice Reform Act, the Unfunded Mandates 
Reform Act of 1995, the Paperwork Reduction Act, and Executive Order 
12630.

List of Subjects in 7 CFR Part 3017

    Administrative practice and procedure, Grant administration, Grant 
programs (Agriculture).

    Therefore, for the reasons set forth in the preamble, Part 3017 of 
Title 7 of the Code of Federal Regulations is amended as follows:

PART 3017--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 
AND GOVERNMENTWIDE REQUIREMENTS FOR A DRUG-FREE WORKPLACE (GRANTS)

    1. The authority citation for part 3017 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 41 U.S.C. 701 et seq.; E.O. 12549; 51 
FR 6370, 3 CFR, 1986 Comp., p. 189.

    2. Section 3017.105 is amended by revising the definitions of 
Debarring official paragraph (2)(i) and Suspending official paragraph 
(2)(i) to read as follows:


Sec. 3017.15  Definitions.

* * * * *
    Debarring official. * * *
    (2) * * *
    (i) In USDA, the authority to act as a debarring official is not 
delegated below the agency head, except that in the case of the Forest 
Service, the Chief may redelegate the authority to act as a debarring 
official to the Deputy Chief or an Associate Deputy Chief for the 
National Forest System.
* * * * *
    Suspending official. * * *
    (2) * * *
    (i) In USDA, the authority to act as a suspending official is not 
delegated below the agency head, except that in the case of the Forest 
Service, the Chief may redelegate the authority to act as a suspending 
official to the Deputy Chief or an Associate Deputy Chief for the 
National Forest System.
* * * * *
    Dated: May 12, 1998.
Reba Pittman Evans,
Acting Assistant Secretary, Administration.
[FR Doc. 98-13442 Filed 5-19-98; 8:45 am]
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