[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Rules and Regulations]
[Pages 45972-45975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21258]


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DEPARTMENT OF AGRICULTURE

Cooperative State Research, Education, and Extension Service

7 CFR Part 3430

RIN 0524-AA60


Competitive and Noncompetitive Non-Formula Federal Assistance 
Programs--Specific Administrative Provisions for the New Era Rural 
Technology Competitive Grants Program

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

ACTION: Interim rule and request for comments.

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SUMMARY: The Cooperative State Research, Education, and Extension 
Service (CSREES) is publishing a set of specific administrative 
requirements for the New Era Rural Technology Competitive Grants 
Program (RTP) to supplement the Competitive and Noncompetitive Non-
formula Federal Assistance Programs--General Award Administrative 
Provisions for this program.

DATES: This interim rule is effective on September 4, 2009. The Agency 
must receive comments on or before January 4, 2010.

ADDRESSES: You may submit comments, identified by RIN 0524-AA60, by any 
of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: [email protected]. Include Regulatory Information 
Number (RIN) 0524-AA60 in the subject line of the message.
    Fax: 202-401-7752.
    Mail: Paper, disk or CD-ROM submissions should be submitted to 
Cooperative State Research, Education, and Extension Service; U.S. 
Department of Agriculture; STOP 2299; 1400 Independence Avenue, SW.; 
Washington, DC 20250-2299.
    Hand Delivery/Courier: Cooperative State Research, Education, and 
Extension Service; U.S. Department of Agriculture; Room 2258, 
Waterfront Centre; 800 9th Street, SW.; Washington, DC 20024.
    Instructions: All submissions received must include the agency name 
and the RIN for this rulemaking. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: Greg Smith, National Program Leader, 
Higher Education Programs, Science and Education Resources Development; 
Voice: 202-720-2067; E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Summary

Authority

    Section 1405 of the National Agricultural Research, Extension, and 
Teaching Policy Act (NARETPA) of 1997, as amended (7 U.S.C. 3121) 
designates the U.S. Department of Agriculture (USDA) as the lead 
Federal agency for agriculture research, extension and teaching in the 
food and agricultural sciences. Section 1473E of NARETPA (7 U.S.C. 
3319e), as amended, requires the establishment of a program to be known 
as the New Era Rural Technology Competitive Grants Program (RTP), which 
CSREES administers.
    In carrying out the program, the Secretary is authorized to make 
competitive grants to support the fields of (i) bioenergy, (ii) pulp 
and paper manufacturing, and (iii) agriculture-based renewable energy 
resources, in order to help ensure workforce opportunities critical to 
rural communities. RTP will make grants available to community 
college(s) and/or advanced technology center(s), located in rural 
areas, for technology development, applied research, and/or training.
    For fiscal year (FY) 2009, $750,000 has been made available for the 
RTP, including administrative costs.

Organization of 7 CFR Part 3430

    A primary function of CSREES is the fair, effective, and efficient 
administration of Federal assistance programs implementing agricultural 
research, education, and extension programs. As noted above, CSREES has 
been delegated the authority to administer this program and will be 
issuing Federal assistance awards for funding made available for this 
program; and thus, awards made under this authority will be subject to 
the Agency's assistance regulations at 7 CFR part 3430, Competitive and 
Noncompetitive Non-formula Federal Assistance Programs--General Award 
Administrative Provisions. The Agency's development and publication of 
these regulations for its non-formula Federal assistance programs serve 
to enhance its accountability and to standardize procedures across the 
Federal assistance programs it administers while providing transparency 
to the public. CSREES published 7 CFR part 3430 with subparts A through 
F as an interim rule on August 1, 2008 [73 FR 44897-44909], and adopted 
as a final rule September 4, 2009. These regulations apply to all 
Federal assistance programs administered by CSREES except for the 
formula grant programs identified in 7 CFR 3430.1(f), the Small 
Business Innovation Research programs with implementing regulations at 
7 CFR part 3403, and the Veterinary Medicine Loan Repayment Program 
(VMLRP) authorized under section 1415A of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 (NARETPA).
    CSREES organized the regulation as follows: Subparts A through E 
provide administrative provisions for all competitive and 
noncompetitive non-formula Federal assistance awards. Subparts F and 
thereafter apply to specific CSREES programs.
    CSREES is, to the extent practical, using the following subpart 
template for each program authority: (1) Applicability of regulations, 
(2) purpose, (3) definitions (those in addition to or different from 
Sec.  3430.2), (4) eligibility, (5) project types and priorities, (6) 
funding restrictions (including indirect costs), and (7) matching 
requirements. Subparts F and thereafter contain the above seven 
components in this order. Additional sections may be added for a 
specific program if there are additional requirements or a need for 
additional rules for the program (e.g., additional reporting 
requirements). Through this rulemaking, CSREES is adding subpart M for 
the administrative provisions that are specific to the RTP.

Timeline for Implementing Regulations

    CSREES is publishing this rule as an interim rule with a 120-day 
comment

[[Page 45973]]

period and anticipates publishing a final rule by March 31, 2010. 
However, in the interim, these regulations apply to the RTP.

II. Administrative Requirements for the Proposed Rulemaking

Executive Order 12866

    This action has been determined to be not significant for purposes 
of Executive Order 12866, and therefore, has not been reviewed by the 
Office of Management and Budget (OMB). This interim rule will not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; nor will it materially alter the 
budgetary impact of entitlements, grants, user fees, or loan programs; 
nor will it have an annual effect on the economy of $100 million or 
more; nor will it adversely affect the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or Tribal governments or communities 
in a material way. Furthermore, it does not raise a novel legal or 
policy issue arising out of legal mandates, the President's priorities 
or principles set forth in the Executive Order.

Regulatory Flexibility Act of 1980

    This interim rule has been reviewed in accordance with The 
Regulatory Flexibility Act of 1980, as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612. The 
Department concluded that the rule will not have a significant economic 
impact on a substantial number of small entities. The rule does not 
involve regulatory and informational requirements regarding businesses, 
organizations, and governmental jurisdictions subject to regulation.

Paperwork Reduction Act (PRA)

    The Department certifies that this interim rule has been assessed 
in accordance with the requirements of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. (PRA). The Department concludes that this interim 
rule does not impose any new information requirements; however, the 
burden estimates will increase for existing approved information 
collections associated with this rule due to additional applicants. 
These estimates will be provided to OMB. In addition to the SF-424 form 
families (i.e., Research and Related and Mandatory), SF-272, Federal 
Cash Transactions Report, SF-269, Financial Status Report, and SF-425, 
Federal Financial Report; CSREES has three currently approved OMB 
information collections associated with this rulemaking: OMB 
Information Collection No. 0524-0042, CSREES Current Research 
Information System (CRIS); No. 0524-0041, CSREES Application Review 
Process; and No. 0524-0026, Assurance of Compliance with the Department 
of Agriculture Regulations Assuring Civil Rights Compliance and 
Organizational Information.

Catalog of Federal Domestic Assistance

    This interim regulation applies to the Federal assistance program 
administered by CSREES under the Catalog of Federal Domestic Assistance 
(CFDA) No.10.314, New Era Rural Technology Competitive Grants Program.

Unfunded Mandates Reform Act of 1995 and Executive Order 13132

    The Department has reviewed this interim rule in accordance with 
the requirements of Executive Order No. 13132 and the Unfunded Mandates 
Reform Act of 1995, 2 U.S.C. 1501 et seq., and has found no potential 
or substantial direct effects on the 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. 
As there is no Federal mandate contained herein that could result in 
increased expenditures by State, local, or Tribal governments, or by 
the private sector, the Department has not prepared a budgetary impact 
statement.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    The Department has reviewed this interim rule in accordance with 
Executive Order 13175, and has determined that it does not have 
``Tribal implications.'' The interim rule does not ``have substantial 
direct effects on one or more Indian Tribes, on the relationship 
between the Federal Government and Indian Tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian Tribes.''

Clarity of This Regulation

    Executive Order 12866 and the President's Memorandum of June 1, 
1998, require each agency to write all rules in plain language. The 
Department invites comments on how to make this interim rule easier to 
understand.

List of Subjects in 7 CFR Part 3430

    Administrative practice and procedure, Agricultural research, 
Education, Extension, Federal assistance.


0
Accordingly, Title 7 of the Code of Federal Regulations is amended as 
set forth below:

PART 3430--COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL 
ASSISTANCE PROGRAMS--GENERAL AWARD ADMINISTRATIVE PROVSIONS.

0
1. The authority for part 3430 continues to read as follows:

    Authority: 7 U.S.C. 3316; Pub. L. 106-107 (31 U.S.C. 6101 note).


0
2. Add a new subpart M, to read as follows:
Subpart M--New Era Rural Technology Competitive Grants Program
Sec.
3430.900 Applicability of regulations.
3430.901 Purpose.
3430.902 Definitions.
3430.903 Eligibility.
3430.904 Project types and priorities.
3430.905 Funding restrictions.
3430.906 Matching requirements.
3430.907 Stakeholder input.
3430.908 Review criteria.
3430.909 Other considerations.

Subpart M--New Era Rural Technology Competitive Grants Program


Sec.  3430.900  Applicability of regulations.

    The regulations in this subpart apply to the program authorized 
under section 1473E of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 (7 U.S.C. 3319e), as amended.


Sec.  3430.901  Purpose.

    The purpose of this program is to make grants available for 
technology development, applied research, and training, with a focus on 
rural communities, to aid in the development of workforces for 
bioenergy, pulp and paper manufacturing, and agriculture-based 
renewable energy workforce.


Sec.  3430.902  Definitions.

    The definitions applicable to the program under this subpart 
include:
    Advanced Technological Center refers to an institution that 
provides students with technology-based education and training, 
preparing them to work as technicians or at the semi-professional 
level, and aiding in the development of an agriculture-based renewable 
energy workforce. For this program, such Centers must be located within 
a rural area.

[[Page 45974]]

    Bioenergy means biomass used in the production of energy 
(electricity; liquid, solid, and gaseous fuels; and heat).
    Biomass means any organic matter that is available on a renewable 
or recurring basis, including agricultural crops and trees, wood and 
wood wastes and residues, plants (including aquatic plants), grasses, 
residues, fibers, and animal wastes, municipal wastes, and other waste 
materials.
    Community College means
    (1) An institution of higher education that:
    (i) Admits as regular students persons who are beyond the age of 
compulsory school attendance in the State in which the institution is 
located and who have the ability to benefit from the training offered 
by the institution;
    (ii) Does not provide an educational program for which the 
institution awards a bachelor's degree (or an equivalent degree); and
    (iii) (A) Provides an educational program of not less than 2 years 
in duration that is acceptable for full credit toward such a degree; or
    (B) Offers a 2-year program in engineering, mathematics, or the 
physical or biological sciences, designed to prepare a student to work 
as a technician or at the semi-professional level in engineering, 
scientific, or other technological fields requiring the understanding 
and application of basic engineering, scientific, or mathematical 
principles of knowledge (20 U.S.C. 1101a(a)(6)).
    (2) For this grants program, such Community Colleges must be 
located within a rural area.
    Conference/Planning Grants means the limited number of RTP grants 
that will fund strategic planning meetings necessary to establish and 
organize proposed technology development, applied research and/or 
training projects.
    Eligible institution/organization means a community college, or an 
advanced technological center, that meets eligibility criteria of this 
program, and is located in a rural area.
    Eligible participant means an individual who is a citizen or non-
citizen national of the United States, as defined in 7 CFR 3430.2, or 
lawful permanent resident of the United States.
    Fiscal agent means a third party designated by an authorized 
representative of an eligible institution/organization which would 
receive and assume financial stewardship of Federal grant funds and 
perform other activities as specified in the agreement between it and 
the eligible institution/organization.
    Joint project proposal means
    (1) An application for a project:
    (i) Which will involve the applicant institution/organization 
working in cooperation with one or more other entities not legally 
affiliated with the applicant institution/organization, including other 
schools, colleges, universities, community colleges, units of State 
government, private sector organizations, or a consortium of 
institutions; and
    (ii) Where the applicant institution/organization and each 
cooperating entity will assume a significant role in the conduct of the 
proposed project.
    (2) To demonstrate a substantial involvement with the project, the 
applicant institution/organization submitting a joint project proposal 
must retain at least 30 percent but not more than 70 percent of the 
awarded funds, and no cooperating entity may receive less than 10 
percent of awarded funds. Only the applicant institution/organization 
must meet the definition of an eligible institution/organization as 
specified in this RFA; other entities participating in a joint project 
proposal are not required to meet the definition of an eligible 
institution/organization.
    Outcomes means specific, measurable project results and benefits 
that, when assessed and reported, indicate the project's plan of 
operation has been achieved.
    Plan of Operation means a detailed, step-by-step description of how 
the applicant intends to accomplish the project's outcomes. At a 
minimum, the plan should include a timetable indicating how outcomes 
are achieved, a description of resources to be used or acquired, and 
the responsibilities expected of all project personnel.
    Regular project proposal means an application for a project:
    (1) Where the applicant institution/organization will be the sole 
entity involved in the execution of the project; or
    (2) Which will involve the applicant institution/organization and 
one or more other entities, but where the involvement of the other 
entity(ies) does not meet the requirements for a joint proposal as 
defined in this section.
    Rural Area means any area other than a city or town that has a 
population of 50,000 inhabitants and the urbanized area contiguous and 
adjacent to such a city or town.
    Technology Development means the practical application of knowledge 
to address specific State, regional, or community opportunities in the 
bioenergy, pulp and paper manufacturing, or agriculture-based renewable 
energy occupations. Note: In general, technology is more than the 
development of a single product, but is instead a system of related 
products, procedures and services to ensure a systems approach to 
address a specific issue.
    Training means the planned and systematic acquisition of practical 
knowledge, skills or competencies required for a trade, occupation or 
profession delivered by formal classroom instruction, laboratory 
instruction, or practicum experience.


Sec.  3430.903  Eligibility.

    Applications may be submitted by either:
    (a) Public or private nonprofit community colleges, or
    (b) Advanced technological centers, either of which must:
    (1) Be located in a rural area (see definition in Sec.  3430.902);
    (2) Have been in existence as of June 18, 2008;
    (3) Participate in agricultural or bioenergy research and applied 
research;
    (4) Have a proven record of development and implementation of 
programs to meet the needs of students, educators, and business and 
industry to supply the agriculture-based, renewable energy or pulp and 
paper manufacturing fields with certified technicians, as determined by 
the Secretary; and
    (5) Have the ability to leverage existing partnerships and 
occupational outreach and training programs for secondary schools, 4-
year institutions, and relevant nonprofit organizations.


Sec.  3430.904  Project types and priorities.

    For each RFA, CSREES may develop and include the appropriate 
project types and focus areas based on the critical needs identified 
through stakeholder input and deemed appropriate by CSREES.
    (a) In addition, priority in funding shall be given to eligible 
entities working in partnerships to:
    (1) Improve information-sharing capacity;
    (2) Maximize the ability to meet the requirements of the RFA; and
    (3) To address the following two RTP goals:
    (i) To increase the number of students encouraged to pursue and 
complete a 2-year postsecondary degree, or a certificate of completion, 
within an occupational focus of this grant program; and
    (ii) To assist rural communities by helping students achieve their 
career goals to develop a viable workforce for bioenergy, pulp and 
paper manufacturing, or agriculture-based renewable energy.

[[Page 45975]]

    (b) Applicants may submit applications for one of the three project 
types:
    (1) Regular project proposal (the applicant executes the project 
without the requirement of sharing grant funds with other project 
partners);
    (2) Joint project proposal (the applicant executes the project with 
assistance from at least one additional partner and must share grant 
funds with the additional partner(s)); and
    (3) Conference/planning grant to facilitate strategic planning 
session(s).


Sec.  3430.905  Funding restrictions.

    (a) Prohibition against construction. Grant funds awarded under 
this authority may not be used for the renovation or refurbishment of 
research, education, or extension space; the purchase or installation 
of fixed equipment in such space; or the planning, repair, 
rehabilitation, acquisition, or construction of buildings or 
facilities.
    (b) Prohibition on tuition remission. Tuition remission (e.g., 
scholarships, fellowships) is not allowed.
    (c) Indirect costs. Subject to Sec.  3430.54, indirect costs are 
allowable with the exception of indirect costs for Conference/Planning 
grants, which are not allowed.


Sec.  3430.906  Matching requirements.

    There are no matching requirements for grants under this subpart.


Sec.  3430.907  Stakeholder input.

    CSREES shall seek and obtain stakeholder input through a variety of 
forums (e.g., public meetings, requests for input and/or Web site), as 
well as through a notice in the Federal Register, from the following 
entities:
    (a) Community college(s).
    (b) Advanced technological center(s), located in rural area, for 
technology development, applied research, and/or training.


Sec.  3430.908  Review criteria.

    Evaluation criteria. CSREES shall evaluate project proposals 
according to the following factors:
    (a) Potential for Advancing Quality of Technology Development, 
Applied Research, and/or Training/Significance of the Program.
    (b) Proposed Approach and Cooperative Linkages.
    (c) Institution Organization Capability and Capacity Building.
    (d) Key Personnel.
    (e) Budget and Cost-Effectiveness.


Sec.  3430.909  Other considerations.

    (a) Amount of grants. An applicant for a regular project proposal 
(single institution/organization) under this subpart may request up to 
$125,000 (total project, not per year). An applicant for a joint 
project proposal (applicant plus one or more partners) under this 
subpart may request up to $300,000 (total project, not per year). A 
conference/planning grant applicant may request up to $10,000 (total 
project/not per year).
    (b) Duration of grants. The term of a grant for a standard RTP 
project under this subpart shall not exceed 5 years. No-cost extensions 
of time beyond the maximum award terms will not be considered or 
granted.

    Done in Washington, DC, this 28th day of August 2009.
Colien Hefferan,
Administrator, Cooperative State Research, Education, and Extension 
Service.
[FR Doc. E9-21258 Filed 9-3-09; 8:45 am]
BILLING CODE 3410-22-P