[Federal Register Volume 70, Number 76 (Thursday, April 21, 2005)]
[Rules and Regulations]
[Pages 20703-20704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7982]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service

Rural Business--Cooperative Service

Rural Utilities Service

Farm Services Agency

7 CFR Part 1955


Management of Property

AGENCIES: Rural Housing Service, Rural Business--Cooperative Service, 
Rural Utilities Service and Farm Service Agency, USDA.

ACTION: Final rule.

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SUMMARY: The Rural Housing Service (RHS) is amending this regulation to 
remove an incorrect reference. The intended effect of this change is to 
ensure that Agency regulations continue to provide current information.

DATES: Effective Date: April 21, 2005.

FOR FURTHER INFORMATION CONTACT: Brinder Billups, Chief, Policy and 
Program Management Branch, Procurement Management Division, Rural 
Development, U.S. Department of Agriculture, Stop 0741, 1400 
Independence Avenue, SW., Washington, DC 20250-0741, Telephone: (202) 
692-0247.

SUPPLEMENTARY INFORMATION:

Classification

    This action is not subject to the provisions of Executive Order 
(E.O.) 12866 since it involves only internal Agency management. This 
action is not published for prior notice and comment under the 
Administrative Procedure Act since it involves only internal Agency 
management and publication for comment is unnecessary and contrary to 
the public interest.

Programs Affected

    The Catalog of Federal Domestic Assistance programs affected by 
this action are 10.406--Farm Operating Loans and 10.407--Farm Ownership 
Loans.

Intergovernmental Consultation

    Programs with Catalog Federal Domestic Assistance numbers 10.406 
and 10.407 are not subject to the provisions of E.O. 12372 which 
requires intergovernmental consultation with State and local officials.

Civil Justice Reform

    This final rule has been reviewed under E.O. 12988, Civil Justice 
Reform. When published: (1) Unless otherwise specifically provided, all 
State and local laws that are in conflict with this rule will be 
preempted; (2) no retroactive effect will be given this rule except as 
specifically prescribed in the rule; and (3) administrative proceedings 
of the National Appeals Division (7 CFR part 11) must be exhausted 
before litigation against the Department is instituted.

Paperwork Reduction Act

    There are no new reporting and recordkeeping requirements 
associated with this rule.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public 
Law (Pub. L.) 104-4, establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on State, local, and 
tribal governments and the private sector. Under section 202 of the 
UMRA, Federal agencies generally must prepare a written statement, 
including cost-benefit analysis, for proposed and final rules with 
``Federal mandates'' that may result in expenditures to State, local, 
or tribal governments, in the aggregate, or to the private sector, or 
$100 million or more in any 1 year. When such statement is needed for a 
rule, section 205 of the UMRA generally requires a Federal agency to 
identify and consider a reasonable number of regulatory alternatives 
and adopt the least costly, more cost-effective, or least burdensome 
alternative that achieves the objectives of the rule.
    This rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMA) for State, local, and tribal 
governments or the private sector. Therefore, this rule is not subject 
to the requirements of sections 202 and 205 of the UMRA.

[[Page 20704]]

Environmental Impact Statement

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

Executive Order 13132, Federalism

    The policies contained in this rule do not have any substantial 
direct effect on States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Nor does this 
rule impose a substantial direct compliance cost on State and local 
governments. Therefore, consultation with the States is not required.

List of Subjects in Part 1955

    Government acquired property, Government property management.

0
Accordingly, Chapter XVIII, Title 7, Code of Federal Regulations, is 
amended as follows:

PART 1955--PROPERTY MANAGEMENT

0
1. The authority citation for part 1955 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.

Subpart B--Management of Property

0
2. Section 1955.65 is amended by revising paragraph (c)(3) to read as 
follows:


Sec.  1955.65  Management of inventory and/or custodial real property.

* * * * *
    (c) * * *
    (3) Specification of services. All management contracts will 
provide for termination by either the contractor or the Government upon 
30 days written notice. Contracts providing for management of multiple 
properties will also provide for properties to be added or removed from 
the contractor's assignment whenever necessary, such as when a property 
is acquired or taken into custody during the period of a contract or 
when a property is sold from inventory. If a contractor prepares repair 
specifications, that contractor will be excluded from the solicitation 
for making the repairs to avoid a conflict of interest.
    If a management contract calls for specification writing services, 
a clause must be inserted in the contract prohibiting the preparer or 
his/her associates from doing the repair work.
* * * * *

    Dated: April 4, 2005.
Gilbert Gonzalez,
Under Secretary, Rural Development.
    Dated: April 11, 2005.
J.B. Penn,
Under Secretary, Farm and Foreign Agricultural Service.
[FR Doc. 05-7982 Filed 4-20-05; 8:45 am]
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