[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Proposed Rules]
[Pages 34187-34192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14498]



[[Page 34187]]

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DEPARTMENT OF AGRICULTURE

National Institute of Food and Agriculture

7 CFR Part 3434

RIN 0524-AA39


Hispanic-Serving Agricultural Colleges and Universities (HSACU) 
Certification Process

AGENCY: National Institute of Food and Agriculture, USDA.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The National Institute of Food and Agriculture (NIFA) is 
requesting comments on the proposed process to certify a qualifying 
college or university as a Hispanic-Serving Agricultural Colleges and 
Universities (HSACU) institution. NIFA is proposing to amend our 
regulations in the Code of Federal Regulations to chronicle the 
eligibility criteria colleges and universities must satisfy in order to 
be certified as HSACU institutions by the Secretary of Agriculture.

DATES: Written comments are invited from interested individuals and 
organizations. To be considered in the formulation of the guidelines, 
comments must be received on or before August 12, 2011.

ADDRESSES: You may submit comments, identified by Regulatory 
Information Number (RIN) 0524-AA39, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: [email protected]. Include RIN 0524-AA39 in the subject 
line of the message.
    Fax: 202-401-7752.
    Mail: Paper, disk or CD-ROM submissions should be submitted to 
Policy and Oversight Division; National Institute of Food and 
Agriculture; U.S. Department of Agriculture; STOP 2299; 1400 
Independence Avenue, SW., Washington, DC 20250-2299.
    Hand Delivery/Courier: Policy and Oversight Division; National 
Institute of Food and Agriculture; U.S. Department of Agriculture; Room 
3107, Waterfront Centre; 800 9th Street, SW., Washington, DC 20024.
    Instructions: All comments submitted 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: Matthew Lockhart, Senior Policy 
Specialist; National Institute of Food and Agriculture; U.S. Department 
of Agriculture; STOP 2299; 1400 Independence Avenue, SW., Washington, 
DC 20250-2299; Voice: (202) 570-7410; E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose

Authority

    Section 7101 of the Food, Conservation, and Energy Act of 2008 
(FCEA) (Pub. L. 110-246) amended section 1404 of the National 
Agricultural Research Teaching Policy Act of 1977, 7 U.S.C. 3103, to 
add a definition for a new group of cooperating educational 
institutions known as Hispanic-serving agricultural colleges and 
universities (HSACUs). Section 1404 defines HSACUs as colleges or 
universities that qualify as ``Hispanic-serving institutions,'' as that 
term is defined in Section 1101a of title 20, and that offer associate, 
bachelors, or other accredited degree programs in agriculture-related 
fields. An exception is made to the HSACU definition so that it does 
not include 1862 institutions as defined in Section 2 of the 
Agricultural Research, Extension, and Education Reform Act of 1998 (7 
U.S.C. 7601).
    Section 7129 of the FCEA authorizes the following five new programs 
for HSACUs: (1) HSACU Endowment Fund (formula-based); (2) HSACU Equity 
Grants Program (formula-based); (3) HSACU Institutional Capacity-
Building Grants Program (competitive); (4) HSACU Extension Grants 
Program (competitive); and (5) HSACU Fundamental and Applied Research 
Grants Program (competitive). Funding for these programs is subject to 
the availability of appropriations. The FY 2011 President's Budget 
proposed $10,000,000 to initially fund the HSACU Endowment. If the 
proposed budget is enacted and an appropriation is made for the 
Endowment Fund, it will represent the first time funds have been 
appropriated for a HSACU program.
    In addition, the FCEA amends section 406(b) of the Agricultural 
Research, Extension, and Education Reform Act of 1998, 7 U.S.C. 7626, 
to expand the eligibility for NIFA Integrated Research, Education, and 
Extension Competitive Grants Programs to include HSACUs.
    NIFA was delegated authority to enter into agreements necessary to 
administer the HSACU Endowment Fund in 7 CFR 2.66(a)(144). NIFA, 
formerly the Cooperative State Research, Education, and Extension 
Service (CSREES), distributes federal funds to land grant colleges of 
agriculture to provide partial support for state-level research, 
education, and extension. NIFA's mission is to work with university 
partners to advance research, extension, and higher education in the 
food, agricultural, and related environmental and human sciences to 
benefit people, communities, and the nation.
    For clarification, the rules for funds distributed to the HSACUs 
from the HSACU Endowment Fund shall be contained within 7 CFR part 
3437. We will add and publish part 3437 shortly to provide specific 
administrative provisions for the HSACU Endowment Program (e.g., 
applicability of regulations, purpose, definitions, eligibility, use of 
funds, administrative duties, and other sections, as appropriate).

Solicitation of Stakeholder Input

    On Sunday October 12, 2008, NIFA held a listening session for 
Hispanic-Serving Institutions (HSI) representatives at the Hyatt 
Regency in Denver, Colorado to discuss the Food, Conservation, and 
Energy Act of 2008 (FCEA) (Pub. L. 110-246) that created a new set of 
programs dedicated to the HSI community. NIFA solicited and welcomed 
commentaries on any part of these new programs including ways to 
interpret and implement the definition of the new category of 
institutions established by the FCEA. Since the term ``agricultural-
related fields'' posed a challenge concerning its interpretation, HSI 
representatives also were given the opportunity to share their thoughts 
in written form by October 27, 2008.
    During this listening session, 20 individuals, from 17 institutions 
and two organizations, provided public comments on the definition of 
Hispanic-Serving Agricultural Colleges and Universities (HSACUs). 
HSACUs are universities that qualify as Hispanic-Serving institutions 
as defined in the Higher Education Act of 1965, and offer Associate's, 
Bachelor's, or other accredited degree programs in agricultural-related 
fields. The session results can be found on the NIFA Web site at the 
following web page: http://www.nifa.usda.gov/business/reporting/stakeholder/hsacu.html.
    The NIFA Assistant Administrator gave introductory remarks and 
explained how the session would be conducted. Dr. Jose Vicente, 
President of Miami-Dade North College, gave a detailed synopsis of 
their institution and stated that creating the Hispanic-Serving 
Agricultural Colleges and Universities is essential to increase and 
diversify the workforce in agricultural-related fields. Dr. Vicente 
expressed that

[[Page 34188]]

HSIs do not have land-grant status and only receive peripheral benefits 
from the FCEA. Three other universities, including a private college in 
Florida also shared a similar opinion. They also shared how their 
facilities provide services for Hispanic students in science, 
technology, engineering and mathematics, especially in urban settings. 
Lehman College of the City University of New York institutions stated 
that support for joint research programs and partnerships between HSIs 
and non-HSIs should be created.
    Dr. Nora de la Garza from Laredo Community College emphasized the 
importance of including nontraditional agricultural colleges as the 
designation for HSACUs is made and that her college is historically a 
HSI. Laredo Community College and Houston Community College received a 
USDA grant to organize a Consortium of HSIs on capacity building. The 
Consortium has expanded to 21 members.
    The Texas A&M-Kingsville representative, Mr. Frank Ure[ntilde]o, 
noted that for an institution to be eligible for this program it should 
currently be offering an accredited degree program in agriculture, but 
the most appropriate method would be to define the qualified schools as 
those with accredited programs in agriculture defined by the 
classification of instructional programs originally developed by the 
United States Department of Education. Ms. Maria Alvarez from El Paso 
Community College in Texas requested that two-year institutions be 
included in the HSACU definition. Dr. Ray Garza from the University of 
Texas at San Antonio noted that even though they are not a land-grant 
institution or an agriculture school, they are associated with two 
projects such as the Hispanic Leadership Program and the Agriculture 
and Natural Resources program and that they have placed students in 
positions throughout the USDA, particularly within the U.S. Forest 
Service.
    Speakers from California State University-Fresno, California State 
Polytechnic University-Pomona, and California State University-Monterey 
Bay stated that they as HSIs will have representation on the national 
agriculture research, education--extension, education, and economics--
advisory board. Dr. Charles Boyer, from CSU-Fresno, highlighted the key 
role CSU-Fresno plays in the richest farmland area in the country. The 
CSU-Monterey Bay representative, Mr. Stephen Reed, talked about the 
importance of innovative course offerings such as their agribusiness 
management concentration. Dr. Sandra Smith, the representative from 
Global Learning Semesters, a partner with the Hispanic Association of 
Colleges and Universities (HACU) and all of the HACU institutions in 
internationalizing student experiences, highlighted USDA's priority in 
internationalizing agricultural education, research, and outreach and 
the opportunity to partnership with Land-Grant Institutions.
    Dr. Antonio Flores, President and Chief Executive Officer of HACU, 
an association that represents over 250 associate members (colleges and 
universities) with a minimum of 25 percent Hispanic undergraduate 
enrollment, recommended that both two- and four-year HSIs be equitably 
represented in HSACU. Mr. James Herrell, from Otero Junior College in 
Southeastern Colorado, articulated that access to higher education is 
most predicted on where one lives and one's capacity to be mobile. Mr. 
Paul Gutierrez, from New Mexico State University, stated that 
demographics of professional staff and faculty teaching in colleges of 
agriculture across the county did not reflect diversity. He added that 
more focus should be put on the needs of the rural Hispanic and Native 
American communities and not on the traditional institutional labels 
that tend to direct use of the resources.
    Dr. Jose Rivera, from the University of the Sacred Heart, a private 
university in Puerto Rico, highlighted the transformation in the job 
market and job creation where there is increased focus on 
interdisciplinary and multidisciplinary education and initiatives. Ms. 
Agnes Mojica from the Inter American University of Puerto Rico at San 
German recommended that HSACUs should be considered not by states but 
by regions to avoid discriminating against certain states that may have 
a greater number of institutions.
    Rebecca Orozco, director of the Center for Life on Earth at Cochise 
College located in southeastern Arizona emphasized the need for their 
program in agriculture in this impoverished area, because they are 
preparing students to continue onward to a university degree in 
agriculture and related fields.

Construction of Eligibility Criteria

    Because HSACUs are not specifically named in the authorizing 
statute, NIFA is required to establish a criteria to designate HSACUs 
based on the definition provided in the legislation, which states that 
HSACUs are defined as HSIs that offer ``agriculture-related programs.'' 
As part of the process to determine which programs qualify as 
``agriculture-related'', NIFA incorporated a suggestion from the 
listening session to utilize the Classification of Instructional 
Programs (CIP) coding system developed by the U.S. Department of 
Education's National Center for Education Statistics as an instrument 
to identify agriculture-related programs.
    The CIP coding system provides a taxonomic scheme that supports 
accurate tracking and reporting of fields of study and program 
completions activity. The CIP is organized on three levels: The 2-digit 
series represent the most general groupings of related programs, the 4-
digit series are intermediate groupings of programs, and the 6-digit 
codes represent specific instructional programs. More information about 
CIP codes is available at http://nces.ed.gov/ipeds/cipcode.
    To ensure impartiality of the parties involved in constructing the 
eligibility criteria, NIFA Deputy Administrators selected two National 
Program Leaders (NPLs) within their respective units to serve on a 
panel to review the CIP codes in an attempt to determine which 
instructional programs qualify as agriculture-related fields. The panel 
of 10 NPLs came from the following NIFA units: Competitive Programs, 
Economic and Community Systems, Families 4-H and Nutrition, Natural 
Resources and Environment, and Plant and Animal Systems. NIFA also 
asked these NPLs to provide input on a list of elements to consider for 
the eligibility criteria by ranking them in terms of importance (most 
important to least important). The elements considered were the number 
of agriculture-related programs, the number of Hispanic graduates, 
total enrollment, total Hispanic enrollment, and history of working 
with NIFA. Comments from the panel's review and the listening session 
provided the foundation in the development of the eligibility criteria 
for the HSACU certification process.
    From the input received at the listening session, NIFA learned that 
there is a strong preference among stakeholders to limit the number of 
eligible institutions during the initial phase of the implementation 
process to maximize the impact of limited funding available at the 
outset of each HSACU program. However, there is no basis to limit the 
number of HSACUs if institutions otherwise meet the eligibility 
requirements as defined in the statute and this regulation.
    Furthermore, in March 2010, the American Enterprise Institute 
released a report, ``Rising to the Challenge,'' which charted 
graduation rates of Hispanic College students through use of data on 
six-year graduation rates from the U.S.

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Department of Education's National Center for Education Statistics. 
This report noted that an institution is granted HSI designation based 
on enrollment numbers rather than a performance-based measure, such as 
student retention or graduation.
    NIFA agrees that a performance-based measure will provide 
institutions with an incentive to take on a proactive role in 
increasing focus on graduating Hispanic students in agriculture-related 
fields in order to be certified as a HSACU. Hence, NIFA will grant 
HSACU certification to HSIs with agriculture-related programs where at 
least one Hispanic student obtained a degree in an agriculture-related 
field during the most recent reported academic year (i.e., the 2008-09 
academic year).
    HSACU certifications granted to institutions will remain valid for 
a period of one year.

Methodology for HSACU Certification

    The certification process starts with NIFA obtaining the latest 
available report from the U.S. Department of Education's National 
Center for Education Statistics that lists all HSIs and the degrees 
conferred by these institutions during the most recently completed 
academic year. This report is used to identify Hispanic-serving 
Institutions that conferred a degree in an instructional program that 
appears in Appendix A of this Part and confirm that a degree was 
awarded to a Hispanic student in an agriculture-related field to form a 
group of institutions that are eligible to be certified as a HSACU 
(Appendix B).
    NIFA will announce the list of schools with HSACU certification 
through a notice in the Federal Register and post the list on the NIFA 
Web site in September 2011. For the initial certification, HSIs with 
agriculture-related programs will be granted HSACU certification for a 
period of one year, thus the next announcement will take place in 2012 
and this process will be repeated on an annual basis thereafter. NIFA 
expects to make these annual announcements, starting in 2012, during 
the month of June to allow time for appeals to take their course and be 
addressed by the start of the following fiscal year.

Composition of HSACUs

    Based on the eligibility criteria provided in this proposed rule 
along with the most recent report made available to us from the U.S. 
Department of Education's National Center for Education Statistics 
(2008-09 academic year), fifty-seven (57) college and universities meet 
the HSI and agriculture-related field criteria (see Appendix B for a 
complete list of the 57 schools). Of the 57 schools up for 
certification, 22 schools offer Associate's degrees (39%), 32 schools 
offer Bachelor's degrees (56%), 19 offer Master's degrees (33%), and 
four offer a doctoral degree (7%). Note that the total of schools 
offering each degree type adds up to more than 57 because several 
schools offer more than one degree type (e.g., Bachelors and Masters).
    Of these 57 schools, 26 schools are in the Western region (46%), 25 
schools are in the Southern region (44%), three schools are in the 
North Central region (5%), and three schools are in the Northeastern 
region (5%). With this composition, NIFA is confident that HSACUs are 
sufficiently represented across all regions and institution types.
    We expect the complete list of HSACU institutions to be slightly 
different when the Final Rule is published in the Federal Register in 
September 2011 as the list will be based on data from the 2009-10 
academic year report, which is expected to be available before the 
scheduled publication date.
    NIFA will permit HSIs that are not granted HSACU certification to 
submit an appeal within 30 days of NIFA's announcement of HSACU 
institutions. The appellant must submit a request for review to the 
NIFA official specified in the notification with details on the nature 
of the disagreement and include supporting documents. The appeal 
procedure will consist of two levels to allow an institution to request 
further review on its case should the initial NIFA review result in a 
rejection of the appeal.

Timeline for Implementing Regulations

    NIFA is publishing this rule as a proposed rule with a 60-day 
comment period and anticipates addressing comments and publishing a 
final rule by September 1, 2011.

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. This proposed 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 proposed 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)

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 
3501 et seq. NIFA has determined that the PRA does not apply because 
this rule does not contain any information collection requirements that 
require approval of the OMB.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.

Catalog of Federal Domestic Assistance

    This proposed regulation applies to the Federal assistance program 
administered by NIFA under the Catalog for Federal Domestic Assistance 
(CFDA) No. 10.310, Agriculture and Food Research Initiative (AFRI). New 
CFDAs will be established for each HSACU program as funds are 
appropriated.

Unfunded Mandates Reform Act of 1995 and Executive Order 13132

    The Department has reviewed this final rule in accordance with the 
requirements of Executive Order No. 13132, 64 FR 43225 (August 10, 
1999) and the Unfunded Mandates 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

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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 proposed rule in accordance with 
Executive Order 13175, 65 FR 67249 (November 9, 2000), and has 
determined that it does not have ``tribal implications.'' The proposed 
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 proposed rule easier to 
understand.

List of Subjects in Part 3434

    Administrative practice and procedure; Agricultural research, 
education, extension; Hispanic-Serving Institutions; Federal 
assistance.

    For the reasons set forth in the preamble, the National Institute 
of Food and Agriculture proposes to add a new part 3434 to Chapter 
XXXIV of Title 7 of the Code of Federal Regulations to read as set 
forth below:

PART 3434--HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES 
CERTIFICATION PROCESS

Sec.
3434.1 Applicability of regulations.
3434.2 Purpose.
3434.3 Definitions.
3434.4 Eligibility.
3434.5 Agriculture-related fields.
3434.6 Certification.
3434.7 Duration of certification.
3434.8 Appeals.
3434.9 Recertification.
3434.10 Reporting requirements.
Appendix A to Part 3434--List of agriculture-related fields.
Appendix B to Part 3434--List of HSACU institutions, 2011-2012.


    Authority:  Section 7101 of the Food, Conservation, and Energy 
Act of 2008; Pub. L. 110-246 (7 U.S.C. 3103).


Sec.  3434.1  Applicability of regulations.

    This part establishes the process to certify and designate a group 
of eligible educational institutions as Hispanic-Serving Agricultural 
Colleges and Universities, as authorized by Section 7101 of the Food, 
Conservation, and Energy Act of 2008 (FCEA), 7 U.S.C. 3103; Pub. L. 
110-246.


Sec.  3434.2  Purpose.

    The Secretary will follow the processes and criteria established in 
this regulation to certify and designate qualifying colleges and 
universities as HSACUs. Institutions designated as a HSACU will be 
eligible for five new programs authorized by Congress in section 7129 
of the FCEA as well as for other ongoing NIFA programs for which HSACUs 
are now eligible (e.g., integrated programs authorized by section 406 
of the Agricultural Research, Extension, and Education Reform Act of 
1998). The five new programs include the HSACU Endowment Fund (formula-
based), HSACU Institutional Capacity Building Grants Program 
(competitive), HSACU Extension Grants Program (competitive), HSACU 
Applied and Fundamental Research Grants Program (competitive), and 
HSACU Equity Grants Program (formula-based). The administrative 
provisions, including reporting requirements, for the HSACU Endowment 
Fund will be established in a separate part (7 CFR part 3437). The 
administrative provisions and reporting requirements for the other four 
new HSACU programs will be established as subparts in 7 CFR part 3430.


Sec.  3434.3  Definitions.

    Agency or NIFA means the National Institute of Food and 
Agriculture.
    Agriculture-related fields means a group of instructional programs 
that are determined to be agriculture-related fields of study for HSACU 
eligibility purposes by a panel of National Program Leaders at the 
National Institute of Food and Agriculture.
    Department means the United States Department of Agriculture.
    Hispanic-serving Institution means an institution of higher 
education that is an eligible institution, as that term is defined at 
20 U.S.C. 1101a; and has an enrollment of undergraduate full-time 
equivalent students that is at least 25 percent Hispanic students, as 
reported to the U.S. Department of Education's Integrated Postsecondary 
Education Data System during the fall semester of the previous academic 
year.
    Secretary means the Secretary of Agriculture and any other officer 
or employee of the Department to whom the authority involved has been 
delegated.


Sec.  3434.4  Eligibility.

    (a) General. To be eligible to receive designation as a HSACU, 
colleges and universities must:
    (1) Qualify as Hispanic-serving institutions; and
    (2) Offer associate, bachelors, or other accredited degree programs 
in agriculture-related fields pursuant to Sec.  3434.5 of this Part.
    (b) Non-eligibility. The following colleges and universities are 
ineligible for HSACU certification:
    (1) 1862 land-grant institutions, as defined in section 2 of the 
Agricultural Research, Extension, and Education Reform Act of 1998 (7 
U.S.C. 7601);
    (2) Institutions that appear in the Lists of Parties Excluded from 
Federal financial and nonfinancial assistance and benefits programs 
(Excluded Parties List System);
    (3) Institutions that are not accredited by a nationally recognized 
accredited agency or association; and
    (4) Institutions that did not produce a Hispanic graduate in an 
agriculture-related field of study during the most recent completed 
academic year.


Sec.  3434.5  Agriculture-related fields.

    (a) The Secretary shall use the Classification of Instructional 
Programs (CIP) coding system developed by the U.S. Department of 
Education's National Center for Education Statistics as the source of 
information for all existing instructional programs. This source is 
located at http://nces.ed.gov/ipeds/cipcode.
    (b) A complete list of instructional programs deemed to be 
agriculture-related fields by the Secretary is provided in Appendix A 
of this part. This list will include the full six-digit CIP code and 
program title (or major) for each agriculture-related instructional 
program.
    (c) The list of agriculture-related fields will be updated every 
five years. However, the Secretary reserves the right to make changes 
at any time, if deemed appropriate and necessary.
    (d) Any changes made in the CIP coding system by the U.S. 
Department of Education may result in a review or reevaluation of the 
list of agriculture-related fields by the Secretary.


Sec.  3434.6  Certification.

    (a) Except as provided in paragraph (c) of this section, 
institutions that meet the eligibility criteria set forth in Sec.  
3434.4 and offer agriculture-related programs in accordance to the 
criteria set forth in Sec.  3434.5 (see list in Appendix A) shall be 
granted HSACU certification by the Secretary.
    (b) A complete list of institutions with HSACU certification shall 
be provided

[[Page 34191]]

in Appendix B of this part and posted on the NIFA Web site at http://www.nifa.usda.gov.
    (c) Institutions that did not produce a Hispanic graduate in an 
agriculture-related field of study during the most recent completed 
academic year shall not be granted HSACU certification by the 
Secretary.
    (d) The list of HSACU institutions will be updated annually. 
However, the Secretary reserves the right to make changes at any time, 
when deemed appropriate and necessary.


Sec.  3434.7  Duration of certification.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
HSACU certification granted to an institution by the Secretary under 
this part shall remain valid for a period of one (1) year.
    (b) Failure to maintain eligibility status at any time during the 
HSACU certification period shall result in an immediate revocation of 
HSACU certification.
    (c) Failure to remain in compliance with reporting requirements or 
adherence to any administrative or national policy requirements listed 
in award terms and conditions for any of the HSACU programs may result 
in a suspension or an immediate revocation of HSACU certification.


Sec.  3434.8  Appeals.

    (a) An institution not listed as a HSACU in Sec.  3434.6 of this 
Part may submit an appeal to address denial of a certification made 
pursuant to this part. Such appeals must be in writing and received by 
the Appeals Officer, Policy and Oversight Division, National Institute 
of Food and Agriculture, U.S. Department of Agriculture, 800 9th 
Street, SW., Washington, DC 20024 within thirty (30) days following an 
announcement of institutions designated for certification. The Appeals 
Officer will consider the record of the decision in question, any 
further written submissions by the institution, and other available 
information and shall provide the appellant a written decision as 
promptly as circumstances permit. Such appeals constitute an 
administrative review of the decision appealed from and are not 
conducted as an adjudicative proceeding.
    (b) Appeals involving an agriculture-related field of study must 
include the CIP code and program title of the field of study (or 
major).
    (c) Appeals from non-HSI schools will not be considered.
    (d) The NIFA Assistant Director of the Institute of Youth, Family, 
and Community shall serve as the Appeals Officer.
    (e) In considering such appeals or administrative reviews, the 
Appeals Officer shall take into account alleged errors in professional 
judgment or alleged prejudicial procedural errors by NIFA officials. 
The Appeals Officer's decision may:
    (1) Reverse the appealed decision;
    (2) Affirm the appealed decision;
    (3) Where appropriate, withhold a decision until additional 
materials are provided.
    The Appeals Officer may base his/her decision in whole or part on 
matters or factors not discussed in the decision appealed from.
    (f) If the NIFA decision on the appeal is adverse to the appellant 
or if an appellant's request for review is rejected, the appellant then 
has the option of submitting a request to the NIFA Deputy Director for 
Food and Community Resources for further review.
    (g) The request for further review must be submitted to Policy and 
Oversight Division, National Institute of Food and Agriculture, U.S. 
Department of Agriculture, 800 9th Street, SW., Washington, DC 20024 
within thirty (30) days following the Appeals Officer's decision.
    (h) No institution shall be considered to have exhausted its 
administrative remedies with respect to the certification or decision 
described in this part until the NIFA Deputy Director for Food and 
Community Resources has issued a final administrative decision pursuant 
to this section. The decision of the NIFA Deputy Director for Food and 
Community Resources is considered final.
    (i) Appellants shall be notified in writing of any decision made by 
NIFA in regards to the appeal.


Sec.  3434.9  Recertification.

    (a) The recertification process for a HSACU remains the same as the 
process outlined in Sec.  3434.6.
    (b) There is no limit to the number of times an institution may be 
recertified as a HSACU.
    (c) In the event an institution is not granted recertification due 
to noncompliance with reporting requirements for a HSACU program, the 
institution shall be notified in writing and given a period of ninety 
(90) days from the date of notification to be in compliance.


Sec.  3434.10  Reporting requirements.

    (a) The certification process does not involve any reporting 
requirements.
    (b) Reporting requirements for HSACU programs (e.g., HSACU 
Endowment Fund) shall be established in separate parts.

Appendix A to Part 3434--List of Agriculture-Related Fields

    The instructional programs listed in this appendix are observed 
to be agriculture-related fields for HSACU eligibility purposes. 
Programs are listed in numerical order by their six-digit CIP code 
followed by the full title of the instructional program, as listed 
by the U.S. Department of Education.

01.0000, Agriculture, General
01.0101, Agricultural Business and Management, General
01.0102, Agribusiness/Agricultural Business Operations
01.0103, Agricultural Economics
01.0104, Farm/Farm and Ranch Management
01.0105, Agricultural/Farm Supplies Retailing and Wholesaling
01.0106, Agricultural Business Technology
01.0199, Agricultural Business and Management, Other
01.0201, Agricultural Mechanization, General
01.0204, Agricultural Power Machinery Operation
01.0205, Agricultural Mechanics and Equipment/Machine Technology
01.0299, Agricultural Mechanization, Other
01.0301, Agricultural Production Operations, General
01.0302, Animal/Livestock Husbandry and Production
01.0303, Aquaculture
01.0304, Crop Production
01.0306, Dairy Husbandry and Production
01.0307, Horse Husbandry/Equine Science and Management
01.0308, Agroecology and Sustainable Agriculture
01.0309, Viticulture and Enology
01.0399, Agricultural Production Operations, Other
01.0401, Agricultural and Food Products Processing
01.0504, Dog/Pet/Animal Grooming
01.0505, Animal Training
01.0507, Equestrian/Equine Studies
01.0508, Taxidermy/Taxidermist
01.0599, Agricultural and Domestic Animal Services, Other
01.0601, Applied Horticulture/Horticultural Operations, General
01.0603, Ornamental Horticulture
01.0604, Greenhouse Operations and Management
01.0605, Landscaping and Groundskeeping
01.0606, Plant Nursery Operations and Management
01.0607, Turf and Turfgrass Management
01.0608, Floriculture/Floristry Operations and Management
01.0699, Applied Horticulture/Horticultural Business Services, Other
01.0701, International Agriculture
01.0801, Agricultural and Extension Education Services
01.0802, Agricultural Communication/Journalism
01.0899, Agricultural Public Services, Other
01.0901, Animal Sciences, General
01.0902, Agricultural Animal Breeding
01.0903, Animal Health
01.0904, Animal Nutrition
01.0905, Dairy Science
01.0906, Livestock Management
01.0907, Poultry Science

[[Page 34192]]

01.0999, Animal Sciences, Other
01.1001, Food Science
01.1002, Food Technology and Processing
01.1099, Food Science and Technology, Other
01.1101, Plant Sciences, General
01.1102, Agronomy and Crop Science
01.1103, Horticultural Science
01.1104, Agricultural and Horticultural Plant Breeding
01.1105, Plant Protection and Integrated Pest Management
01.1106, Range Science and Management
01.1199, Plant Sciences, Other
01.1201, Soil Science and Agronomy, General
01.1202, Soil Chemistry and Physics
01.1203, Soil Microbiology
01.1299, Soil Sciences, Other
01.9999, Agriculture, Agriculture Operations, and Related Sciences, 
Other
03.0101, Natural Resources/Conservation, General
03.0103, Environmental Studies
03.0104, Environmental Science
03.0199, Natural Resources Conservation and Research, Other
03.0201, Natural Resources Management and Policy
03.0204, Natural Resources Economics
03.0205, Water, Wetlands, and Marine Resources Management
03.0206, Land Use Planning and Management/Development
03.0207, Natural Resources Recreation and Tourism
03.0208, Natural Resources Law Enforcement and Protective Services
03.0299, Natural Resources Management and Policy, Other
03.0301, Fishing and Fisheries Sciences and Management
03.0501, Forestry, General
03.0502, Forest Sciences and Biology
03.0506, Forest Management/Forest Resources Management
03.0508, Urban Forestry
03.0509, Wood Science and Wood Products/Pulp and Paper Technology
03.0510, Forest Resources Production and Management
03.0511, Forest Technology/Technician
03.0599, Forestry, Other
03.0601, Wildlife and Wildlands Science and Management
03.9999, Natural Resources and Conservation, Other
13.1301, Agricultural Teacher Education
14.0301, Agricultural/Biological Engineering and Bioengineering
19.0501, Foods, Nutrition, and Wellness Studies, General
19.0504, Human Nutrition
19.0505, Foodservice Systems Administration/Management
19.0599, Foods, Nutrition, and Related Services, Other

Appendix B to Part 3434--List of HSACU Institutions, 2011-2012

    The institutions listed in this appendix will be granted HSACU 
certification by the Secretary and will be eligible for HSACU 
programs for the period starting October 1, 2011 and ending 
September 30, 2012. Institutions are listed alphabetically with the 
campus indicated where applicable under the state of the school's 
location.

California (19)

Allan Hancock College
Bakersfield College
California State Polytechnic University-Pomona
California State University-Bakersfield
California State University-Fresno
California State University-Fullerton
California State University-Monterey Bay
College of the Desert
College of the Sequoias
Fullerton College
Hartnell College
Merced College
Modesto Junior College
Mt. San Antonio College
Reedley College
Santa Ana College
Southwestern College
University of California-Merced
University of California-Riverside

Florida (3)

Barry University
Florida International University
Nova Southeastern University

Illinois (2)

Northeastern Illinois University
Triton College

Kansas (1)

Seward County Community College

New Mexico (5)

Eastern New Mexico University-Main Campus
Mesalands Community College
New Mexico Highlands University
University of New Mexico-Main Campus
Western New Mexico University

New York (3)

CUNY Bronx Community College
CUNY Lehman College
Mercy College-Main Campus

Puerto Rico (12)

Bayamon Central University
Inter American University of Puerto Rico-Bayamon
Inter American University of Puerto Rico-Metro
Inter American University of Puerto Rico-Ponce
Inter American University of Puerto Rico-San German
Pontifical Catholic University of Puerto Rico-Ponce
Universidad Del Este
Universidad Del Turabo
Universidad Metropolitana
University of Puerto Rico-Humacao
University of Puerto Rico-Rio Piedras Campus
University of Puerto Rico-Utuado

Texas (10)

Palo Alto College
Southwest Texas Junior College
Sul Ross State University
Texas A&M University-Corpus Christi
Texas A&M University-Kingsville
Texas State Technical College-Harlingen
University of Texas at Brownsville
University of Texas at El Paso
University of Texas at San Antonio
University of Texas of the Permian Basin

Washington (2)

Heritage University
Yakima Valley Community College

    Done in Washington, DC, this 7th day of June, 2011.
 Ralph Otto,
Deputy Director, National Institute of Food and Agriculture.

[FR Doc. 2011-14498 Filed 6-10-11; 8:45 am]
BILLING CODE 3410-22-P