[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Rules and Regulations]
[Pages 69856-69857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29783]


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DEPARTMENT OF AGRICULTURE

7 CFR Part 2812

RIN 0599-AA06


Office of Procurement and Property Management; Department of 
Agriculture Priorities and Administrative Guidelines for Donation of 
Excess Research Equipment

AGENCY: Office of Procurement and Property Management, USDA.

ACTION: Final rule.

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SUMMARY: The Office of Procurement and Property Management of the 
Department of Agriculture (USDA) amends its procedures for the donation 
of excess research equipment for technical and scientific education and 
research activities to educational institutions and nonprofit 
organizations under section 11(i) of the Stevenson-Wydler Technology 
Innovation Act of 1980 Act (15 U.S.C. 3710(i)). This amendment expands 
the list of entities eligible to receive such equipment, establishes a 
priority list for eligible entities seeking transfer of such equipment, 
and clarifies administrative rules regarding equipment transfer.

DATES: This final rule is effective December 21, 2000.

FOR FURTHER INFORMATION CONTACT: Kathy Fay on 202-720-9779.

SUPPLEMENTARY INFORMATION:

I. Background
II. Procedural Requirements
    A. Executive Order Number 12866.
    B. Regulatory Flexibility Act.
    C. Paperwork Reduction Act.
III. Electronic Access Addresses

I. Background

    USDA regulations for the donation of excess research equipment for 
technical and scientific educational research activities under section 
11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 Act (15 
U.S.C. 3710(i)) were promulgated at 60 FR 34456 on July 3, 1995. USDA 
determined that the eligibility of organizations to receive excess 
research equipment under this part is not clear.
    The President signed Executive Order (EO) 12999 on April 17, 1996, 
requiring Federal agencies, when donating educationally useful Federal 
research equipment under section 11(i) of the Stevenson-Wydler 
Technology Innovation Act of 1980 and other laws, to give the highest 
preference to schools (including pre-kindergarten through twelfth 
grade) and nonprofit organizations (including community-based 
educational organizations) with particular preference to such schools 
and nonprofit organizations located in Federal enterprise communities 
and empowerment zones designated pursuant to the Omnibus Reconciliation 
Act of 1993, Public Law 103-66. USDA is taking action in this rule 
making to implement EO 12999.
    Further, consistent with the EO 12999 and other authorities 
available to USDA for transfer of excess personal property (such as 
that implemented in 7 CFR part 3200), USDA desires to establish a 
preference list for those eligible entities seeking to receive property 
donated under this part.
    The substance of this rule was published on July 29, 1999, as a 
proposed rule. No comments were received. The only change from the 
proposed rule is the omission of a current requirement (7 CFR 
2812.4(e)) that recipients provide a written justification for why the 
property is needed. Since this change is de minus, and actually reduces 
administrative burdens on the public, the agency has determined to 
proceed with a final rule without further comment.

II. Procedural Requirements

A. Executive Order Number 12866

    This rule was reviewed under EO 12866, and it has been determined 
that it is not a significant regulatory action because it will not have 
an annual effect on the economy of $100 million or more or adversely 
and materially affect a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local or

[[Page 69857]]

tribal governments or communities. This rule will not create any 
serious inconsistencies or otherwise interfere with any actions taken 
or planned by another agency. It will not materially alter the 
budgetary impact of entitlements, grants, user fees, or loan programs, 
or the rights and obligations of recipients thereof.

B. Regulatory Flexibility Act

    USDA certifies that this rule will not have a significant impact on 
a substantial number of small entities as defined in the Regulatory 
Flexibility act, 5 U.S.C. 601, et seq.,  for the reason that this 
regulation imposes no new requirements on small entities.

C. Paperwork Reduction

    The forms necessary to implement these procedures have been cleared 
by the Office of Management and Budget (OMB) in accordance with the 
Paperwork Reduction Act, 44 U.S.C. 2500, et seq.

III. Electronic Access Addresses

    You may send electronic mail (E-mail) to [email protected] or 
contact us via fax at (202) 720-3339.

List of Subjects in 7 CFR Part 2812

    Government property management, excess Government property.


    For the reasons set forth in the preamble, 7 CFR part 2812 would be 
amended as set forth below:

PART 2812--DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE DONATION OF 
EXCESS RESEARCH EQUIPMENT UNDER 15 U.S.C. 3710(i)

    1. The authority citation for part 2812 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; E.O. 12999, 61 FR 17227, 3 CFR, 1997 
Comp., p. 180.

    2. Amend Sec. 2812.3 by removing paragraph (b), redesignate 
paragraphs (c), (d), and (e) as (e), (h), and (i), respectively, and 
add new paragraphs (b), (c), (d), (f) and (g) to read as follows:


Sec. 2812.3  Definitions.

* * * * *
    (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.
    (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.
* * * * *

    3-4. Amend Sec. 2812.4 by removing and reserving paragraph (a), and 
revise paragraphs (c), (d) and (e) to read as follows:


Sec. 2812.4  Procedures.

    (a) [Reserved]
* * * * *
    (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''.
* * * * *

    5. Remove Appendix A to part 2812.

    Done at Washington, D.C., this 30th day of October, 2000.
W.R. Ashworth,
Director, Office of Procurement and Property Management.
[FR Doc. 00-29783 Filed 11-20-00; 8:45 am]
BILLING CODE 3410-TX-M