[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25036-25042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10145]


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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: Final rule.

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SUMMARY: This final rule establishes the process and procedures to 
certify a qualifying college or university as a Hispanic-Serving 
Agricultural Colleges and Universities (HSACU) institution. NIFA will 
publish 7 CFR part 3434 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. The Food, Conservation, and Energy Act of 2008 (FCEA) 
amended section 1404 of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 to add a definition for a new group of 
cooperating educational institutions known as Hispanic-Serving 
Agricultural Colleges and Universities. Section 1404 defines HSACUs as 
colleges and universities that qualify as Hispanic-serving Institutions 
(HSIs) and offer associate, bachelors, or other accredited degree 
programs in agriculture-related fields. HSACUs do not include 1862 
land-grant institutions, as defined in the Agricultural Research, 
Extension, and Education Reform Act of 1998.
    A separate part, 7 CFR part 3437, will be published in the future 
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).

DATES: This final rule is effective April 27, 2012.

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) 559-5088; Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Section 7101 of the Food, Conservation, and Energy Act of 2008 
(FCEA) (Pub. L. 110-246) amended section 1404 of the National 
Agricultural Research, Extension, and 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.
    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'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.
    The rules for funds distributed to the HSACUs from the HSACU 
Endowment Fund shall be contained within 7 CFR part 3437.

Solicitation of Stakeholder Input and Publication of the Proposed Rule

    Because HSACUs were not specifically named in the authorizing 
statute, NIFA was required to establish the eligibility criteria to 
designate HSACUs based on the definition provided in the legislation, 
which stated that HSACUs are defined as HSIs that offer ``agriculture-
related programs.'' On September 24, 2008, NIFA published a Federal 
Register notice [73 FR 54988-54989] to announce a public meeting to be 
held on October 12, 2008, at the Hyatt Regency in Denver, Colorado, to 
discuss the definition of HSACUs and the new HSACU programs. The notice 
also allowed stakeholders to submit written comments on the 
implementation of HSACU programs and the HSACU certification process by 
October 27, 2008.
    Twenty individuals, from 17 institutions and 2 organizations, 
provided oral comments during this public meeting. NIFA also received 
17 written comments from individuals, academic institutions, and 
organizations. A transcript of the public meeting and a scanned copy of 
all written comments are available for review on the NIFA Web site at 
the following web page: www.nifa.usda.gov/business/reporting/stakeholder/hsacu.html.
    NIFA considered all comments received in the construction of the

[[Page 25037]]

eligibility criteria and the development of the proposed rule, which 
was published at 76 FR 34187-34192 on June 13, 2011 with a 60-day 
comment period. The publication of the proposed rule for the HSACU 
certification process marked the first time a list of agriculture-
related fields and eligible institutions were made available to the 
public. The proposed rule also established explicit eligibility 
criteria for academic institutions to meet if they wish to pursue HSACU 
certification.

Response to Comments on Notice of Proposed Rulemaking and Revisions 
Included in Final Rule

    Comments on the proposed rule were required to be received by 
August 12, 2011, to be considered in the formulation of the final 
regulations. NIFA received 14 sets of comments from individuals, 
academic institutions, and the Hispanic Association of Colleges and 
Universities (HACU). NIFA considered all comments received and made 
revisions in the final rule based on several recommendations. The 
comments received provided valuable insight on how NIFA could 
administer the HSACU certification process in a more equitable and 
consistent manner across schools of different sectors (2-year and 4-
year schools) and regions.

Number of HSACU Institutions

    There is a strong preference among stakeholders to limit the number 
of eligible institutions, by way of a rigorous certification process, 
during the initial phase of the implementation process to maximize the 
impact of limited funding available. Several commentors expressed 
support for the rigorous certification process and provided suggestions 
to further enhance the process. One of these commentors remarked that 
careful implementation would ensure that benefits go to those that need 
them the most. Another commentor recognized the certification process, 
as outlined in the proposed rule, as thoughtful and fair. A third 
commentor requested that NIFA pay special attention to the number of 
institutions receiving HSACU certification given limited resources as 
constraining the number of HSACUs would optimize funding opportunities 
for HSACUs. A fourth commentor encouraged NIFA to remain diligent in 
maintaining high standards for certification and remain rigorous in its 
definitions. A fifth commentor remarked that given scarce and limited 
funds, the focus of support should be directed toward institutions that 
can maximize public funds to the most efficient and highest productive 
levels possible.
    NIFA fully supports a rigorous certification process by instilling 
high standards in the eligibility criteria. However, there is no basis 
to limit the number of HSACUs if institutions meet the eligibility 
requirements as defined in the statute and this regulation.

Eligibility Criteria

    In response to stakeholders' call for a rigorous certification 
process, NIFA explored different possibilities to hold institutions 
accountable through quantifiable outcomes involving Hispanic students 
and agriculture-related fields if they were to receive HSACU 
certification. In March 2010, the American Enterprise Institute 
released a report, ``Rising to the Challenge,'' which noted that HSI 
designation was a direct result of enrollment data (input) rather than 
retention or graduation data (outcome). In the proposed rule, NIFA 
included a measure based on degrees awarded to the eligibility criteria 
to hold institutions accountable for the retention and graduation of 
Hispanic students in agriculture-related fields. NIFA determined that a 
stipulation based on degrees awarded would provide institutions with an 
incentive to take on a proactive role to focus on graduating Hispanic 
students in agriculture-related fields, thus strengthening the 
rigorousness of the HSACU certification process. Hence, NIFA concluded 
that granting HSACU certification to HSIs with agriculture-related 
programs where at least one Hispanic student obtained a degree in an 
agriculture-related field would provide the best interpretation of the 
intent behind the legislation that established the new HSACU category.
    Two commentors recommended that NIFA avoid basing eligibility on a 
single year of data as this would create unmanageable funding 
volatility from year to year, which may hurt or impair growth and 
development of Hispanic-serving programs in institutions that are 
unable to consistently stay on the HSACU list. Another commentor 
mentioned that the only certain result of the proposed single year 
criterion is that it will reduce the pool of eligible institutions. Yet 
another commentor pointed out that a small program may fail to graduate 
any Hispanic student in a given year while a number of Hispanic 
students are enrolled and expected to graduate in the following years.
    After the publication of the proposed rule, an additional year of 
data from the National Center for Education Statistics became available 
to NIFA. An analysis on the additional year of data confirmed the 
volatility caused by a single year criterion. For the purpose of this 
analysis, Year 1 represents the data we had prior to the publication of 
the proposed rule (Fall 2009 enrollment and 2008-09 completions data) 
and Year 2 represents the data we received after the publication of the 
proposed rule (Fall 2010 enrollment and 2009-10 completions data). Of 
the 57 HSIs that awarded a degree in an agriculture-related field to a 
Hispanic student in Year 1, 19 (33%) did not meet the eligibility 
criteria in Year 2. Of the 70 HSIs that met the eligibility criteria in 
Year 2, 32 (46%) did not meet the eligibility criteria in Year 1. In 
other words, only 38 schools would have received HSACU certification in 
both years while 51 schools would have received HSACU certification in 
only one of the two years. Based on this information, NIFA recognized 
that a single year criterion created an unintended bias that harms 
smaller programs while schools with larger student populations may be 
able to effortlessly graduate a single Hispanic student in any given 
year.
    When NIFA combined two years of completions data and used a 
percentage-based standard, the bias concerns between larger and smaller 
schools were significantly reduced, if not eliminated altogether. Given 
that HSIs are defined in Federal law as institutions of higher 
education with at least 25% Hispanic Full-Time Equivalent (FTE) student 
enrollment, it stands to reason that a percentage-based yardstick for 
graduating Hispanic students in agriculture-related programs should be 
proportional to the institution's Hispanic enrollment, meaning that 
institutions should receive HSACU designation if Hispanic students 
receive at least 25% of the degrees awarded in agriculture-related 
programs. However, NIFA recognizes that a large number of HSIs became a 
HSI within the last few years and this trend is expected to continue 
over the next several years as the Hispanic demographic continues to 
grow. As of this writing, there are more than 200 institutions with 
Hispanic FTEs that fall in the 15% to 24% range of their student 
enrollment. These institutions are identified as ``emerging HSIs'' and 
are generally expected to become HSIs within the next few years. For a 
newly-designated HSI, its first graduating class (as a HSI) would be 
composed of students who entered the institution at a time the 
institution was not classified as a HSI, thus the 25% graduation 
benchmark would exclude many newly-designated HSIs at a time when they 
are building up a pipeline of Hispanic students in their agriculture-
related programs. In recognition of the

[[Page 25038]]

``emerging HSIs'' category, NIFA will establish the graduation 
benchmark at 15%.
    NIFA has amended Part 3434.4(b)(4) to reflect that institutions 
will not receive HSACU certification if their Hispanic students receive 
less than 15% of degrees awarded from agriculture-related programs from 
the two most recent academic years. The list of HSACUs for Fiscal Year 
(FY) 2012 will be based on (1) completions data from 2008-09 and 2009-
10, and (2) enrollment data from Fall 2010. NIFA identified 71 
institutions that will meet the eligibility criteria and receive HSACU 
certification for FY 2012 (October 1, 2011 to September 30, 2012).

Agriculture-Related Fields

    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.
    Two commentors expressed satisfaction in seeing that CIP codes were 
used to identify agriculture-related programs. Four commentors 
suggested that NIFA consider adding various CIP codes to the list of 
agriculture-related fields such as Horticulture, Biology, Nutrition 
Sciences, Sustainability Studies, and Veterinary/Animal Health 
Technology.
    NIFA wishes to point out that Horticulture is already in the list 
of agriculture-related fields (01.06 group). NIFA agrees that Nutrition 
Sciences (30.1901), Sustainability Studies (30.3301), and Veterinary/
Animal Health Technology/Technician and Veterinary Assistant (51.0808) 
should be added to the list as these specific instructional programs 
are agriculture-related. However, including a broad subject such as 
Biology that includes several instructional programs that are not 
related to agriculture would go against stakeholders' wishes for a 
rigorous certification process, so NIFA will not include Biology in the 
list of agriculture-related programs.
    NIFA has added Nutrition Sciences (30.1901), Sustainability Studies 
(30.3301), and Veterinary/Animal Health Technology/Technician and 
Veterinary Assistant (51.0808) to the list in Appendix A of this part.

Duration of Certification

    Three commentors felt that certifying schools one year at a time 
would create undue burden on the institutions. Two of these commentors 
further recommended that HSACU recertification occur every five years. 
Prior to the publication of the proposed rule, NIFA explored the 
feasibility of granting certifications for a period of five years as 
this would provide a sense of continuity and sustainability of program 
delivery. However, HSACUs must meet the eligibility requirements in the 
year they receive funds as a HSACU, thus if the institution did not 
meet the eligibility criteria at some point during the five-year 
certification period, the certification would be revoked immediately. 
Given this perspective, NIFA decided to go with a one-year 
certification period and NIFA further believes that an annual 
certification process will incentivize schools to remain focused on 
their eligibility status on an ongoing basis.

Bias Against a Group of Institutions

    Three commentors expressed concern on varying levels regarding 
potential bias against a group of institutions either by sector (2-year 
or 4-year schools) or by region/state. NIFA performed a thorough 
analysis on the data provided by the National Center for Education 
Statistics (U.S. Department of Education) and confirmed the fairness 
and soundness of the certification process. The composition of 71 
HSACUs (listed in Appendix B) is comparable to the HSI population (293 
schools) by sector, region, and state as evidenced by the data provided 
in the Composition of HSACUs section.

Composition of HSACUs

    Based on the eligibility criteria provided in this regulations 
along with the most recent reports made available to us from the U.S. 
Department of Education's National Center for Education Statistics 
(Completions data from the 2008-09 and 2009-10 academic years and 
Enrollment data from the Fall 2010 term), 71 college and universities 
meet the HSI and agriculture-related field criteria (see Appendix B for 
a complete list of the 71 schools). Of the 71 schools up for 
certification, 32 are 2-year institutions (45%) and 39 are 4-year 
institutions (55%). Thirty-three schools are in the Western region 
(47%), 32 schools are in the Southern region (45%), 3 schools are in 
the North Central region (4%), and 3 schools are in the Northeastern 
region (4%). The following tables offer a detailed look at the 
breakdown by sector, region, and state for both HSACUs and HSIs, 
including the difference in percentage points between HSACUs and HSIs 
within each category.

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             Sector                   HSACUs        % of HSACUs    HSIs     % of HSIs      Difference
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2-year institutions.............              32              45             150              51              6%
4-year institutions.............              39              55             143              49              6%
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    Total.......................              71             100             293             100  ..............
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             Region                   HSACUs        % of HSACUs    HSIs     % of HSIs      Difference
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North Central...................               3               4              18               6              2%
Northeastern....................               3               4              23               8              4%
Southern........................              32              45             122              42              3%
Western.........................              33              47             130              44              3%
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    Total.......................              71             100             293             100  ..............
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              State                   HSACUs        % of HSACUs    HSIs     % of HSIs      Difference
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Arizona.........................               3               4               8               3              1%

[[Page 25039]]

 
California......................              22              31              89              30              1%
Colorado........................  ..............  ..............               5               2              2%
Connecticut.....................  ..............  ..............               1              <1             <1%
Florida.........................               3               4              16               5              1%
Georgia.........................  ..............  ..............               1              <1             <1%
Illinois........................               2               3              13               4              1%
Indiana.........................  ..............  ..............               1              <1             <1%
Kansas..........................               1               1               4               1            None
Maryland........................  ..............  ..............               1              <1             <1%
Massachusetts...................  ..............  ..............               2               1              1%
New Jersey......................  ..............  ..............               5               2              2%
New Mexico......................               7              10              24               8              2%
New York........................               3               4              14               5              1%
Oregon..........................  ..............  ..............               1              <1             <1%
Puerto Rico.....................              14              20              56              19              1%
Texas...........................              15              21              49              17              4%
Washington......................               1               1               3               1            None
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    Total.......................              71             100             293             100  ..............
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    With this composition, HSACUs are clearly in line with HSIs in 
terms of representation across states, regions, and institution types.

Additional Comments and Other Revisions to Proposed Rule

    HSACU certification will be based on ``degrees awarded'' and 
``completions data'' rather than ``graduates'' and ``graduation data'' 
respectively. This revision was made to be consistent with the 
terminology used by the U.S. Department of Education's National Center 
for Education Statistics.
    Two comments essentially served as an appeal by the commentors for 
their respective academic institutions which were excluded from the 
list of HSACU institutions in the proposed rule. A response to each 
appeal will be handled independently from the regulatory process.
    Section 3434.8(a) has been revised to accurately reflect that an 
institution not listed in Appendix B, rather than Section 3434.6, of 
this Part may submit an appeal.

Methodology for HSACU Certification

    The annual certification process begins when NIFA obtains the 
latest 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. 
NIFA will use this report to identify HSIs that conferred a degree in 
an instructional program that appears in Appendix A of this Part and to 
confirm that over the last two years at least 15% of the degrees in 
agriculture-related fields were awarded to Hispanic students. The 
resulting institutions 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 July of each year. HSACU certifications will remain valid 
for a period of one year, and this process will be repeated on an 
annual basis thereafter. NIFA expects to make these annual 
announcements during the month of July to allow time for appeals to 
take their course and be addressed by the start of the following fiscal 
year.
    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

    In addition to this final regulation, which addresses the 
certification process, NIFA will publish regulations for the HSACU 
Endowment Fund in 2012. NIFA also plans to create informational web 
pages to provide detailed information and procedures for all HSACU 
programs.

Administrative Requirements for the Final 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 final regulation 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 final 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 of 1995, 44 U.S.C. 3501 
et seq.

Catalog of Federal Domestic Assistance

    This final 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

[[Page 25040]]

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 43255 (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 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 final rule in accordance with 
Executive Order 13175, 65 FR 67249 (November 9, 2000), and has 
determined that it does not have ``tribal implications.'' The final 
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 final rule easier to 
understand.

List of Subjects in 7 CFR Part 3434

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

    For the reasons set forth in the preamble, NIFA adds 7 CFR part 
3434 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: 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; Public Law 
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 HSACUs 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.

    As used in this part:
    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:
    (1) Is an eligible institution, as that term is defined at 20 
U.S.C. 1101a; and
    (2) 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.
    (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 with Hispanic students receiving less than 15% of 
the degrees awarded in agriculture-related programs over the two most 
recent completed academic years.


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 
to 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 starting in 2015. 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

[[Page 25041]]

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 to this 
part) shall be granted HSACU certification by the Secretary.
    (b) A complete list of institutions with HSACU certification shall 
be provided in Appendix B to this part and posted on the NIFA Web site 
at http://www.nifa.usda.gov.
    (c) Institutions with Hispanic students receiving less than 15% of 
degrees awarded in agriculture-related programs during the two most 
recent completed academic years 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 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 Appendix B to 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 HSACU 
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 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 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 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

[[Page 25042]]

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
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
30.1901, Nutrition Sciences
30.3301, Sustainability Studies
51.0808, Veterinary/Animal Health Technology/Technician and 
Veterinary Assistant

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


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

Arizona (3)

Arizona Western College
Phoenix College
Pima Community College

California (22)

Allan Hancock College
Bakersfield College
California State Polytechnic University-Pomona
California State University-Bakersfield
California State University-Fullerton
California State University-Monterey Bay
California State University-San Bernardino
College of the Desert
El Camino Community College District
Fullerton College
Hartnell College
Merced College
Mt. San Antonio College
Porterville College
Reedley College
San Diego Mesa College
San Joaquin Delta College
Santa Ana College
Southwestern College
University of California-Merced
West Hills College Coalinga
Whittier College

Florida (3)

Florida International University
Miami Dade College
Saint Thomas University

Illinois (2)

City Colleges of Chicago-Harold Washington College
Triton College

Kansas (1)

Seward County Community College

New Mexico (7)

Central New Mexico Community College
Eastern New Mexico University-Main Campus
New Mexico Highlands University
New Mexico Institute of Mining and Technology
Northern New Mexico College
University of New Mexico-Main Campus
Western New Mexico University

New York (3)

CUNY City College
CUNY LaGuardia Community College
Mercy College

Puerto Rico (14)

Bayamon Central University
Institute Tecnologico de Puerto Rico-Manati
Inter American University of Puerto Rico-Aguadilla
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 Turabo
Universidad Metropolitana
University of Puerto Rico-Arecibo
University of Puerto Rico-Medical Sciences Campus
University of Puerto Rico-Rio Piedras Campus
University of Puerto Rico-Utuado

Texas (15)

Clarendon College
Lee College
Midland College
Palo Alto College
Sul Ross State University
Texas A&M International University
Texas A&M University-Corpus Christi
Texas A&M University-Kingsville
Texas State Technical College-Harlingen
University of Houston-Clear Lake
University of Texas at Brownsville
University of Texas at El Paso
University of Texas at San Antonio
University of Texas of the Permian Basin
University of the Incarnate Word

Washington (1)

Heritage University

    Done in Washington, DC, this 15th day of March 2012.
Chavonda Jacobs-Young,
Acting Director, National Institute of Food and Agriculture.
[FR Doc. 2012-10145 Filed 4-26-12; 8:45 am]
BILLING CODE 3410-22-P