[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Rules and Regulations]
[Pages 72912-72913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24502]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

2 CFR Parts 415 and 416

Rural Utilities Service

7 CFR Part 1780

National Institute of Food and Agriculture

7 CFR Part 3430


Department of Agriculture Regulations for Grants and Agreements; 
Update of Citations

AGENCY: Office of the Secretary, Rural Utilities Service, National 
Institute of Food and Agriculture, and Office of the Chief Financial 
Officer, Department of Agriculture.

ACTION: Final rule.

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SUMMARY: The Office of Management and Budget (OMB) revised sections of 
its Guidance for Grants and Agreements in August 2020. This final rule 
amends the regulations of several United States Department of 
Agriculture agencies to reflect the revised OMB guidance and make 
technical corrections to the Department's grants and agreements 
regulations.

DATES: Effective November 16, 2020.

FOR FURTHER INFORMATION CONTACT: Tyson Whitney, Office of the Chief 
Financial Officer, Director, Transparency and Accountability Reporting 
Division, United States Department of Agriculture, 1400 Independence 
Avenue SW, Washington, DC 20250-9011, 202-720-8978, 
[email protected].

SUPPLEMENTARY INFORMATION: The regulations in 2 CFR chapter IV set 
forth the United States Department of Agriculture's (USDA) regulations 
for grants and agreements. In a final rule published December 19, 2014 
(79 FR 75982), USDA's Office of the Chief Financial Officer adopted 2 
CFR part 200, along with an agency-specific addendum in a new 2 CFR 
part 400. The regulations in 2 CFR parts 415, 416, 418, and 422 were 
established. The regulations in 2 CFR chapter IV updated and replaced 
provisions that had previously been found in 7 CFR parts 3015, 3016, 
3018, 3019, 3022, and 3052.
    The regulations of several USDA agencies in title 7 refer to and 
cite the grants and agreements regulations. Following the publication 
of the various final rules establishing the regulations in 2 CFR 
chapter IV, those agencies updated their regulations so that they 
referred to the new grants and agreements regulations in title 2 rather 
than the predecessor regulations in title 7. As a result of the August 
13, 2020, publication of the Office of Management and Budget's 
``Guidance for Grants and Agreements'' (85 FR 49506), we have 
identified a number of instances where technical corrections are 
necessary. This final rule makes those technical corrections where 
needed.

Effective Date

    This rule relates to internal agency management and makes various 
nonsubstantive changes to the regulations in titles 2 and 7 of the Code 
of Federal Regulations to make technical corrections to the 
Department's grants and agreements regulations. Accordingly, notice and 
other public procedure on this rule are unnecessary and contrary to the 
public interest. Therefore, pursuant to 5 U.S.C. 553, notice of 
proposed rulemaking and opportunity to comment are not required and 
this rule may be made effective less than 30 days after publication in 
the Federal Register. Further, since this rule relates to internal 
agency management, it is exempt from the provisions of Executive Orders 
12866, 12988, and 13771. Finally, this action is not a rule as defined 
by the Regulatory Flexibility Act (5 U.S.C. 501) and, thus, is exempt 
from the provisions of that Act.

Paperwork Reduction Act

    This final rule contains no new reporting, recordkeeping, or third-
party disclosure requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

2 CFR Parts 415 and 416

    Accounting, Administrative practice and procedure, Agriculture, 
Auditing, Business and industry, Colleges and universities, Community 
development, Cost principles, Economic development, Government 
contracts, Grants administration, Grant programs, Grant programs--
housing and community development, Hospitals, Indians, Loan programs--
agriculture, Nonprofit organizations, Reporting and recordkeeping 
requirements, Rural areas, State and local governments.

7 CFR Part 1780

    Community development, Community facilities, Grant programs--
housing and community development, Loan programs--housing and community 
development, Reporting and recordkeeping requirements, Rural areas, 
Waste treatment and disposal, Water supply, Watersheds.

7 CFR Part 3430

    Administrative practice and procedure, Agriculture research, 
Education, Federal assistance.

    Accordingly, 2 CFR parts 415 and 416 and 7 CFR parts 1780 and 3430 
are amended as follows:

Title 2--[Amended]

PART 415--GENERAL PROGRAM ADMINISTRATIVE REGULATIONS

0
1. The authority citation for part 415 is revised to read as follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 901-903; 7 CFR 2.28.


0
2. In Sec.  415.1, paragraphs (a)(1) and (b)(10) are revised to read as 
follows:


Sec.  415.1   Competition in the awarding of discretionary grants and 
cooperative agreements.

    (a) * * *
    (1) Potential applicants must be invited to submit proposals 
through publications such as the Federal Register, OMB-designated 
governmentwide website as described in 2 CFR 200.204, professional 
trade journals, agency or program handbooks, the Assistance Listings, 
or any other appropriate means of solicitation. In so doing, awarding 
agencies should consider the broadest dissemination of project 
solicitations in order to reach the highest number of potential 
applicants.
* * * * *
    (b) * * *
    (10) The Assistance Listings number and title.
* * * * *

PART 416--GENERAL PROGRAM ADMINISTRATIVE REGULATIONS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

0
3. The authority citation for part 416 is revised to read as follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 901-903; 7 CFR 2.28.


Sec.  416.1  [Amended]

0
4. Section 416.1 is amended as follows:
0
a. In paragraph (a), by removing the citation ``2 CFR 200.101(e)(4) 
through

[[Page 72913]]

(6)'' both times it appears and adding the citation ``2 CFR 
200.101(f)(4) through (6)'' in its place.
0
b. In paragraph (b), by removing the citations ``2 CFR 200.101(e)(4) 
through (6)'' and ``2 CFR 200.319(b)'' and adding the citations ``2 CFR 
200.101(f)(4) through (6)'' and ``2 CFR 200.319(c)'' in their places, 
respectively.

Title 7--[Amended]

PART 1780--WATER AND WASTE LOANS AND GRANTS

0
6. The authority citation for part 1780 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.


Sec.  1780.3  [Amended]

0
7. In Sec.  1780.3(a), the definition of Simplified acquisition 
threshold is amended by removing the citation ``2 CFR 200.88'' and 
adding the citation ``2 CFR 200.1'' in its place.

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

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

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


Sec.  3430.41  [Amended]

0
9. In Sec.  3430.41, paragraph (b) is amended by removing the citation 
``section 210 of 2 CFR Part 200'' and adding the citation ``2 CFR 
200.211'' in its place.

Stephen Censky,
Deputy Secretary, U.S. Department of Agriculture.
[FR Doc. 2020-24502 Filed 11-13-20; 8:45 am]
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