[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Proposed Rules]
[Pages 18534-18536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9262]



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Part IV





Department of Agriculture





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Cooperative State Research, Education, and Extension Service



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7 CFR Part 3418



Stakeholder Input Requirements for Recipients of Agricultural Research, 
Education, and Extension Formula Funds; Proposed Rule

  Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / 
Proposed Rules  

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DEPARTMENT OF AGRICULTURE

Cooperative State Research, Education, and Extension Service

7 CFR Part 3418

RIN 0524-AA23


Stakeholder Input Requirements for Recipients of Agricultural 
Research, Education, and Extension Formula Funds

AGENCY: Cooperative State Research, Education, and Extension Service, 
USDA.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Cooperative State Research, Education, and Extension 
Service (CSREES) proposes to add a new part 3418 to Title 7, Subtitle 
B, Chapter XXXIV of the Code of Federal Regulations, for the purpose of 
implementing section 102(c) of the Agricultural Research, Extension, 
and Education Reform Act of 1998 (AREERA) (7 U.S.C. 7612(c)) which 
requires 1862 land-grant institutions, 1890 land-grant institutions, 
and 1994 land-grant institutions that receive agricultural research, 
extension, or education formula funds to establish a process for 
stakeholder input on the uses of such funds. Failure to comply with 
these shakeholder input requirements may result in the withholding of a 
recipient institution's formula funds and redistribution of its share 
of formula funds to other eligible institutions.

DATES: Written comments are invited from interested individuals and 
organizations. To be considered in the formulation of the final rule, 
comments must be received on or before May 14, 1999.

ADDRESSES: Address all comments to CSREES-USDA; Office of Extramural 
Programs; Policy and Program Liaison Staff; Mail Stop 2299; 1400 
Independence Avenue, S.W.; Washington, DC 20250-2299. Comments may be 
hand-delivered to CSREES-USDA; Office of Extramural Programs; Policy 
and Program Liaison Staff; Room 302 Aerospace Center; 901 D Street, SW; 
Washington, DC 20024. Comments may also be mailed electronically to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Louise Ebaugh; Director, Office of 
Extramural Programs; Cooperative State Research, Education, and 
Extension Service; U.S. Department of Agriculture; Washington, DC 
20250; at 202-720-9181, 202-401-7752 (fax) or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The Cooperative State Research, Education, and Extension Service 
(CSREES) proposes a rule to implement section 102(c) of the 
Agricultural Research, Extension, and Education Reform Act of 1998 
(AREERA) (7 U.S.C. 7612(c)) which requires 1862, 1890, and 1994 
institutions (specific land-grant colleges and universities as defined 
by section 2 of AREERA (7 U.S.C. 7601)) receiving agricultural 
research, extension, or education formula funds from CSREES to 
establish a process for receiving input from persons who conduct or use 
agricultural research, extension, or education on the uses of such 
funds. For purposes of this rule, these persons are referred to as 
stakeholders. Section 102(c)(2) of AREERA required the Secretary of 
Agriculture to promulgate regulations specifying what those land-grant 
institutions had to do to meet this stakeholder input requirement, and 
what consequences would befall any institution that did not meet such a 
requirement.
    Section 102(c) on its face only applies to land-grant colleges and 
universities established pursuant to the First Morrill Act, as amended 
(7 U.S.C. 301, et seq.) (1862 institutions), the Second Morrill Act, as 
amended (7 U.S.C. 321, et seq.) (1890 institutions), and the Equity in 
Educational Land-Grant Status Act of 1994, as amended (7 U.S.C. 301 
note) (1994 institutions). CSREES has determined that the formula funds 
specified in section 102(c) are: agricultural research funds provided 
to the 1862 institutions and agricultural experiment stations under the 
Hatch Act of 1887, as amended (7 U.S.C. 361a, et seq.); extension funds 
provided to 1862 institutions under sections 3(b) and 3(c) of the 
Smith-Lever Act, as amended (7 U.S.C. 343(b) and (c)), and section 
208(c) of the District of Columbia Public Postsecondary Education 
Reorganization Act, Pub. L. 93-471, as amended; agricultural research 
and extension funds provided to 1890 institutions under sections 1444 
and 1445, respectively, of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (NARETPA), as amended (7 
U.S.C. 3221 and 3222); education formula funds provided to 1994 
institutions under section 534(a) of the Equity in Educational Land-
Grant Status Act of 1994 (7 U.S.C. 301 note); research funds provided 
for forestry schools under the McIntire-Stennis Act of 1962, as amended 
(16 U.S.C. 582a, et seq.); and animal health and disease research funds 
provided to veterinary schools and agricultural experiment stations 
under section 1433 of NARETPA, as amended (7 U.S.C. 3195).
    The 1862, 1890, and 1994 institutions are not the sole institutions 
eligible to receive formula funds under all of these Acts. There is one 
agricultural experiment station that is not a college or university, 
and a handful of forestry or veterinary schools that are not land-grant 
institutions. However, given that the number of such institutions is de 
minimus, and the impracticality of trying to segregate stakeholder 
comments with respect to these few institutions, CSREES has determined 
to apply this proposed rule to any recipient of the aforementioned 
formula funds.
    The proposed rule does not require recipient institutions to adopt 
any particular format for soliciting stakeholder input. It only 
requires that recipient institutions report annually to CSREES (1) the 
actions taken to encourage stakeholder input; and (2) a brief statement 
of the process used by a recipient institution to identify individuals 
or groups as stakeholders and to collect input from them.
    Failure to comply with the requirements of this rule may result in 
the withholding of a recipient institution's formula funds and 
redistribution of its share of formula funds to other eligible 
institutions, as authorized by law.
    In addition to the comments from the recipient institutions 
directly affected by this rule, CSREES encourages public comments from 
stakeholders. Interested parties also are invited to review the 
Guidelines for State Plans of Work to be published in the Federal 
Register for comment by mid April 1999, which will describe related 
land-grant processes involving stakeholders.

Classification

    This rule has been reviewed under Executive Order 12866 and has 
been determined to be nonsignificant as it will not create a serious 
inconsistency or otherwise interfere with an action planned by another 
agency; will not materially alter the budgetary impact of entitlement, 
grants, user fees, or loan programs, or the rights and obligations of 
the recipients thereof; and will not raise novel legal or policy issues 
arising out of legal mandates, the President's priorities, or 
principles set forth in this executive order. This rule also will not 
have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment,

[[Page 18535]]

public health or safety, or State, local, or tribal governments or 
communities.

Regulatory Flexibility Act

    The Department certifies that this rule will not have a significant 
impact on a substantial number of small entities as defined in the 
Regulatory Flexibility Act, Pub. L. No. 96-534 (5 U.S.C. 601 et seq.). 
Accordingly, a regulatory flexibility analysis is not required for this 
proposed rule.

Catalog of Federal Domestic Assistance

    The programs affected by this rule are listed in the Catalog of 
Federal Domestic Assistance under No. 10.203, Payments to Agricultural 
Experiment Stations Under the Hatch Act, No. 10.205, Payments to 1890 
Land-Grant Colleges and Tuskegee University, No. 10.202, Cooperative 
Forestry Research, No. 10.207, Animal Health and Disease Research, No. 
10.500, Cooperative Extension Service, and No. 10.221, Tribal Colleges 
Education Equity Grants.

Paperwork Reduction Act

    In accordance with the Office of Management and Budget (OMB) 
regulations (5 CFR part 1320) which implement the Paperwork Reduction 
Act of 1955 (44 U.S.C. chapter 35), the information collection and 
recordkeeping requirements that will be imposed in implementation of 
this proposed rule have been submitted to OMB for approval. These 
requirements would not become effective prior to OMB approval.
    This new collection of information and recordkeeping requirement 
will enable CSREES to determine whether the recipient institutions have 
established and implemented stakeholder input processes. Many of the 
land-grant institutions already have functioning stakeholder input 
processes and use the results of these processes to develop long range 
plans, commonly referred to as plans of work, for their agricultural 
research, education, and extension activities. The proposed 7 CFR 3418 
will require that by October 1, 1999, each recipient institution will 
have established and implemented a stakeholder input process on the 
uses of their agricultural research, education, and extension formula 
funds and that the institution submit an annual report on this process 
to CSREES. Failure to comply may result in the withholding of a 
recipient institution's formula funds and redistribution of its share 
of formula funds to other eligible institutions, as authorized by law.
    Respondents: First-tier respondents will be the land-grant 
institutions of the States and tribes, or other specific institutions 
as defined in the regulation, which will provide information to USDA on 
the process and actions used by recipient institutions to identify 
stakeholders and solicit their input. Second-tier respondents to the 
collection of information will be the stakeholders who conduct or use 
agricultural research, extension, or education within a State or tribe 
receiving formula funds.
    This collection of information will be mandatory for first-tier 
respondents while it will be voluntary for the second-tier respondents.
    Estimate of the Burden: The burden on the first-tier respondents is 
estimated at 9.19 hours per response.
    Estimated Number of Respondents: 116.
    Estimated Annual Number of Responses: 311.
    Estimated Total Annual Burden on Respondents: 2,859 hours.
    Frequency of Responses: Annually.
    Comments: Comments are invited on: (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Agency, including whether the information will 
have practical utility; (b) the accuracy of the Agency's estimate of 
the burden of the proposed collection of information including the 
validity of the methodology and assumptions used; (c) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (d) ways to minimize the burden of collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology. Comments may be sent to: CSREES-
USDA; Office of Extramural Programs; Policy and Program Liaison Staff; 
Mail Stop 2299; 1400 Independence Avenue, S.W.; Washington, DC 20250-
2299 by June 14, 1999 or to the Desk Officer for Agriculture, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20502. Reference should be made to the volume, page, and 
date of this Federal Register publication.

List of Subjects in 7 CFR 3418

    Agricultural education, Agricultural extension, Agricultural 
research, Colleges and universities.

    For reasons stated in the preamble, chapter XXXIV of Title 7 of the 
Code of Federal Regulations is amended by adding Part 3418 to read as 
follows:

PART 3418--STAKEHOLDER INPUT REQUIREMENTS FOR RECIPIENTS OF 
AGRICULTURAL RESEARCH, EDUCATION, AND EXTENSION FORMULA FUNDS

Sec.
3418.1  Definitions.
3418.2  Scope and Purpose.
3418.3  Applicability.
3418.4  Reporting Requirement.
3418.5  Failure to Report.
3418.6  Prohibition.

    Authority: 5 U.S.C. 301; 7 U.S.C. 7612(c)(2).


Sec. 3418.1  Definitions.

    As used in this part:
    1862 institution means a college or university eligible to receive 
funds under the Act of July 2, 1862 (7 U.S.C. 301, et seq.).
    1890 institution means a college or university eligible to receive 
funds under the Act of August 30, 1890 (7 U.S.C. 321, et seq.), 
including Tuskegee University.
    1994 institution means an institution as defined in section 532 of 
the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 
note).
    Formula funds means agricultural research funds provided to 1862 
institutions and agricultural experiment stations under the Hatch Act 
of 1887 (7 U.S.C. 361a, et seq.); extension funds provided to 1862 
institutions under sections 3(b) and 3(c) of the Smith-Lever Act (7 
U.S.C. 343(b) and (c)) and section 208(c) of the District of Columbia 
Public Postsecondary Education Reorganization Act, Pub. L. 93-471; 
agricultural extension and research funds provided to 1890 institutions 
under sections 1444 and 1445 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (NARETPA) (7 U.S.C. 3221 and 
3222); education formula funds provided to 1994 institutions under 
section 534(a) of the Equity in Educational Land-Grant Status Act of 
1994 (7 U.S.C. 301 note); research funds provided to forestry schools 
under the McIntire-Stennis Act of 1962 (16 U.S.C. 582a, et seq.); and 
animal health and disease research funds provided to veterinary schools 
and agricultural experiment stations under section 1433 of NARETPA (7 
U.S.C. 3195).
    Recipient institution means any 1862 institution, 1890 institution, 
1994 institution, or any other institution that receives formula funds 
from the Department of Agriculture.
    Stakeholder means any person who has the opportunity to use or 
conduct agricultural research, extension, or education activities of 
recipient institutions.

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Sec. 3418.2  Scope and purpose.

    Section 102(c) of the Agricultural Research, Extension, and 
Education Reform Act of 1998 (7 U.S.C. 7612(c)) requires land-grant 
institutions, as a condition of receipt of formula funds, to solicit 
and consider input and recommendations from stakeholders concerning the 
use of formula funds. This regulation implements this requirement 
consistently for all recipient institutions that receive formula funds.


Sec. 3418.3  Applicability.

    To obtain formula funds after September 30, 1999, each recipient 
institution shall establish and implement a process for obtaining 
stakeholder input on the uses of formula funds in accordance with this 
part.


Sec. 3418.4  Reporting requirement.

    Each recipient institution shall report to the Department of 
Agriculture by October 1 of each fiscal year, the following information 
related to stakeholder input and recommendations: (1) actions taken to 
seek stakeholder input that encourages their participation and
    (2) a brief statement of the process used by the recipient 
institution to identify individuals and groups who are stakeholders and 
to collect input from them.


Sec. 3418.5  Failure to report.

    Formula funds may be withheld and redistributed if a recipient 
institution fails to either comply with Sec. 3418.3 or report under 
Sec. 3418.4.


Sec. 3418.6  Prohibition.

    A recipient institution shall not require input from stakeholders 
as a condition of receiving the benefits of, or participating in, the 
agricultural research, education, or extension programs of the 
recipient institution.

    Done at Washington, DC, this 7th day of April 1999.
Eileen Kennedy,
Deputy Under Secretary, Research, Education, and Economics.
[FR Doc. 99-9262 Filed 4-13-99; 8:45 am]
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