[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Rules and Regulations]
[Pages 19683-19684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8368]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules 
and Regulations  

[[Page 19683]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Parts 622, 624 and 625

Commodity Credit Corporation

7 CFR Parts 1465 and 1470

RIN 0578-AA56


Conservation Program Recipient Reporting

AGENCY: Natural Resources Conservation Service, Commodity Credit 
Corporation, United States Department of Agriculture.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Management and Budget (OMB) issued regulatory 
guidance to agencies to establish requirements for Federal financial 
assistance applicants, recipients, and sub-recipients that are 
necessary for the implementation of the Federal Funding Accountability 
and Transparency Act of 2006 (the Transparency Act). OMB's regulations 
require agencies that make awards of Federal financial assistance 
subject to the Transparency Act to include the requirements identified 
in each regulation that has application or plan due dates after October 
1, 2010. The Watershed Operations and Flood Prevention Program, 
Emergency Watersheds Protection Program, Healthy Forests Reserve 
Program, Agricultural Management Assistance Program, and the 
Conservation Stewardship Program have application or plan due dates 
after October 1, 2010, and therefore, the Natural Resources 
Conservation Service (NRCS) is incorporating the Transparency Act's 
recipient registration and reporting requirements into these programs' 
regulations. These changes, the terms of which are not subject to 
agency discretion, are mandatory.

DATES: Effective Date: The rule is effective April 8, 2011.

FOR FURTHER INFORMATION CONTACT: Martha Joseph, Special Assistant, 
Easements and Landscape Planning, Department of Agriculture, Natural 
Resources Conservation Service, 1400 Independence Avenue, SW., Room 
5109 South Building, Washington, DC 20250; Telephone: (202) 205-7704; 
or E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    OMB published two regulations, 2 CFR parts 25 and 170, to assist 
agencies and recipients of Federal financial assistance to comply with 
the Transparency Act (Pub. L. 109-282, as amended). Both regulations 
have implementation requirements beginning October 1, 2010.
    The regulations at 2 CFR part 25 require, with some exceptions, 
recipients of Federal financial assistance to apply for and receive a 
Dun and Bradstreet Universal Numbering Systems (DUNS) number and 
register in the Central Contractor Registry. Section 25.200(a) of Title 
2 of the CFR requires each agency to include the registration 
requirements identified in part 25 in each regulation that has 
application or plan due dates after October 1, 2010.
    The regulations at 2 CFR part 170 establish new requirements for 
Federal financial assistance applicants, recipients, and subrecipients. 
The regulation provides standard wording that each agency must include 
in its awarding of financial assistance that requires recipients to 
report information about first-tier subawards and executive 
compensation under those awards. Section 170.200(a) of Title 2 of the 
CFR requires each agency that makes awards of Federal financial 
assistance subject to the Transparency Act to include the requirements 
identified in part 170 in each regulation that has application or plan 
due dates after October 1, 2010.
    NRCS has determined that 2 CFR parts 25 and 170 apply to certain 
awards of financial assistance provided under the Watershed Operations 
and Flood Prevention Program (7 CFR part 622), Emergency Watershed 
Protection Program (7 CFR part 624), Healthy Forests Reserve Program (7 
CFR part 625), Agricultural Management Assistance Program (7 CFR part 
1465), and the Conservation Stewardship Program (7 CFR part 1470). 
Since these conservation programs either have continuous application 
periods or will have an application due date after October 1, 2010, 
NRCS determined that each of its program regulations under which NRCS 
provides Federal financial assistance must be amended to incorporate 
this requirement immediately.
    Several of NRCS' other conservation programs have pending or 
recently promulgated rulemaking, and NRCS is incorporating parts 25 and 
170 requirements as these pending rules are cleared and published. 
These pending rules are final rules to implement the Environmental 
Quality Incentives Program (7 CFR part 1466--pending), Farm and Ranch 
Lands Protection Program (7 CFR part 1491--published January 24, 2011), 
Grassland Reserve Program (7 CFR part 1415--published November 29, 
2010), Wildlife Habitat Incentive Program (7 CFR part 636--published 
November 23, 2010), and the Wetlands Reserve Program (7 CFR part 1467--
pending).
    This final rule incorporates this mandated change into the 
regulations implementing the Watershed Operations and Flood Prevention 
Program, Emergency Watershed Protection Program, Healthy Forests 
Reserve Program, Agricultural Management Assistance Program, and the 
Conservation Stewardship Program. These changes are non-discretionary 
on the part of the agency, and thus, no public comments are being 
solicited.

Executive Order 12866

    This final rule does not meet the criteria for a significant 
regulatory action as specified in Executive Order 12866.

Regulatory Flexibility Act

    The Regulatory Flexibility Act is not applicable to this final rule 
because neither the Commodity Credit Corporation (CCC) nor NRCS is 
required by 5 U.S.C. 553, or by any other provision of law, to publish 
a notice of proposed rulemaking with respect to the subject matter of 
this rule.

Paperwork Reduction Act

    The General Services Administration has recently published the 
information collections for public comment that

[[Page 19684]]

provide the specific data elements required for the Transparency Act 
reporting of subawards and executive compensation [75 FR 43165].

Unfunded Mandates Reform Act of 1995

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 
Public Law 104-4, NRCS assessed the affects of this rulemaking action 
on State, local, and Tribal governments, and the public. This action 
does not compel the expenditure of $100 million or more in any one year 
(adjusted by inflation) by any State, local, or Tribal governments, or 
anyone in the private sector; therefore, a statement under section 202 
of the Unfunded Mandates Reform Act of 1995 is not required.

List of Subjects in 7 CFR Parts 622, 624, 625, 1465 and 1470

    Administrative practice and procedures, Cooperative agreements, 
Farmers, Federal aid programs, Reporting and recordkeeping 
requirements.

    Accordingly, 7 CFR parts 622, 624, 625, 1465, and 1470 are amended 
as follows:

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  Pub. L. 83-566, 68 Stat. 666 as amended (16 U.S.C. 
1001, et seq.); Pub. L. 78-534, 58 Stat. 889, 33 U.S.C. 701b-1.


0
2. Section 622.30 is amended by adding a new paragraph (d) to read as 
follows:


Sec.  622.30  General.

* * * * *
    (d) Sponsors who receive financial assistance awarded after October 
1, 2010, must comply with applicable registration and reporting 
requirements of the Federal Funding Accountability and Transparency Act 
of 2006 (Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170.
* * * * *

0
3. The authority citation for part 624 continues to read as follows:

    Authority:  Sec. 216, Pub. L. 81-516, 33 U.S.C. 701b-1; Sec. 
403, Pub. L. 95-334, as amended, 16 U.S.C. 2203; 5 U.S.C. 301.


0
4. Section 624.6 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  624.6  Program administration.

    (a) * * *
    (2) Sponsors must:
    (i) Contribute their share of the project costs, as determined by 
NRCS, by providing funds or certain services necessary to undertake the 
activity. Contributions that may be applied towards the sponsor's 
applicable cost-share of construction costs include:
    (A) Cash;
    (B) In-kind services such as labor, equipment, design, surveys, 
contract administration and construction inspection, and other services 
as determined by the State Conservationist; or
    (C) A combination of cash and in-kind services;
    (ii) Obtain any necessary real property rights, water rights, and 
regulatory permits;
    (iii) Agree to provide for any required operation and maintenance 
of the completed emergency measures; and
    (iv) Comply with applicable registration and reporting requirements 
of the Federal Funding Accountability and Transparency Act of 2006 
(Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170.
* * * * *

0
5. The authority citation for part 625 continues to read as follows:

    Authority:  16 U.S.C. 6571-6578.


0
6. Section 625.4 is amended by revising paragraph (b) to read as 
follows:


Sec.  625.4  Program requirements.

* * * * *
    (b) Landowner eligibility. To be eligible to enroll an easement in 
the HFRP, an individual or entity must:
    (1) Be the landowner of eligible land for which enrollment is 
sought;
    (2) Agree to provide such information to NRCS, as the agency deems 
necessary or desirable, to assist in its determination of eligibility 
for program benefits and for other program implementation purposes; and
    (3) Comply with applicable registration and reporting requirements 
of the Federal Funding Accountability and Transparency Act of 2006 
(Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170.
* * * * *

0
7. The authority citation for part 1465 continues to read as follows:

    Authority:  7 U.S.C. 1524(b).


0
8. Section 1465.5 is amended by revising paragraphs (c)(10) and (c)(11) 
and adding a new paragraph (c)(12) to read as follows:


Sec.  1465.5  Program requirements.

* * * * *
    (c) * * *
    (10) Be in compliance with the terms of all other USDA-administered 
conservation program agreements to which the participant is a party;
    (11) Develop and agree to comply with an APO and O&M agreement, as 
described in Sec.  1465.3; and
    (12) Comply with applicable registration and reporting requirements 
of the Federal Funding Accountability and Transparency Act of 2006 
(Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170.
* * * * *

0
9. The authority citation for part 1470 continues to read as follows:

    Authority:  16 U.S.C. 3838d-3838g.


0
10. Section 1470.6 is amended by revising paragraphs (a)(4) and (a)(5) 
and adding a new paragraph (a)(6) to read as follows:


Sec.  1470.6  Eligibility requirements.

    (a) * * *
    (4) Supply information, as required by NRCS, to determine 
eligibility for the program, including but not limited to, information 
related to eligibility requirements and ranking factors, conservation 
activity and production system records, information to verify the 
applicant's status as a historically underserved producer, if 
applicable, and payment eligibility as established by 7 CFR part 1400;
    (5) Provide a list of all members of the legal entity and embedded 
entities along with members' tax identification numbers and percentage 
interest in the entity. Where applicable, American Indians, Alaska 
Natives, and Pacific Islanders may use another unique identification 
number for each individual eligible for payment; and
    (6) Comply with applicable registration and reporting requirements 
of the Federal Funding Accountability and Transparency Act of 2006 
(Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170.
* * * * *

    Signed this 31st day of March 2011, in Washington, DC.
Dave White,
Vice President, Commodity Credit Corporation and Chief, Natural 
Resources Conservation Service.
[FR Doc. 2011-8368 Filed 4-7-11; 8:45 am]
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