[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Rules and Regulations]
[Pages 52838-52840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25017]
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DEPARTMENT OF AGRICULTURE
Rural Housing and Community Development Service
Rural Business and Cooperative Development Service
Rural Utilities Service
Consolidated Farm Service Agency
7 CFR Parts 1942 and 1980
RIN 0575-AA12
Rural Business Enterprise Grants and Television Demonstration
Grants; Technical Assistance and Training Grants; Nonprofit National
Corporations Loan and Grant Program
AGENCIES: Rural Housing and Community Development Service, Rural
Business and Cooperative Development Service, Rural Utilities Service,
and Consolidated Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: The Rural Business and Cooperative Development Service (RBCDS)
and Rural Utilities Service (RUS) amend the agencies' policies and
procedures governing the administration of programs which authorize
technical assistance as an eligible grant purpose. This action is
necessary to implement legislation that prohibits duplication of
technical assistance grant funding provided by the Forest Service (FS).
The intended effect of this action is to require that grant funds may
not be used to pay for technical assistance which duplicates assistance
provided under an action plan funded by the FS under the National
Forest-Dependent Rural Communities Economic Diversification Act during
5 continuous years from the date of grant approval by the FS.
EFFECTIVE DATE: October 11, 1995.
FOR FURTHER INFORMATION CONTACT: Jennifer Barton, Loan Specialist,
Community Facilities Division, U.S. Department of Agriculture, Room
6304, South Agriculture Building, 14th Street and Independence Avenue
SW., Washington D.C. 20250-0700, telephone (202) 720-1504.
SUPPLEMENTARY INFORMATION:
Classification
This rule 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.
Environmental Impact
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' It has been determined that this
action does not constitute a major Federal action significantly
affecting the quality of the human environment, and in accordance with
the National Environmental Policy Act of 1969, Pub. L. 91-190, an
Environmental Impact Statement is not required.
Executive Order 12778
The proposed regulation has been reviewed in light of Executive
Order 12778 and meets the applicable standards provided in sections
2(a) and 2(b)(2) of that Order. Provisions within this part which are
inconsistent with state law are controlling. All administrative
remedies pursuant to 7 CFR part 1900, subpart B, must be exhausted
prior to filing suit.
Paperwork Reduction Act
The information collection or recordkeeping requirements contained
in these regulations have been approved by the Office of Management and
Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and have been
assigned OMB control numbers 0575-0132, 0575-0123, and 0575-0121, in
[[Page 52839]]
accordance with the Paperwork Reduction Act of 1980. This final rule
does not revise or impose any new information collection or
recordkeeping requirement from those approved by OMB.
Background
RBCDS and RUS are implementing section 2375(e) of Pub. L. 101-624,
which requires the Secretary of Agriculture to ensure that no
substantially similar geographical or defined local area in a state
receives a grant for technical assistance to an economically
disadvantaged community from the FS and a grant for technical
assistance under a designated rural development program as defined in
section 365(b)(2) of the Consolidated Farm and Rural Development Act,
during any continuous 5-year period.
Discussion of Comments
On March 16, 1994, a proposed rule was published in the Federal
Register (59 FR 12200) providing for a 30-day review and comment period
ending April 15, 1994. One comment was received.
The respondent had misinterpreted the proposed rule change to read
that the rule change prohibits an economically disadvantaged community
from receiving technical assistance grants from the FS, RBCDS and RUS
during 5 continuous years. However, the change prohibits grant funds to
an economically disadvantaged community for duplicate technical
assistance. Grant funds cannot be made available from FS, RBCDS and RUS
to an economically disadvantaged community for the same purpose during
5 continuous years. Therefore, the final rule remains unchanged from
the proposed rule.
Programs Affected
The programs are listed in the Catalog of Federal Domestic
Assistance under Numbers 10.769, Rural Development Grants; 10.761,
Technical Assistance and Training Grants; and 10.762, Solid Waste
Management Grants. The 10.769 program is subject to the provisions of
Executive Order 12372 which requires intergovernmental consultation
with State and local officials. The 10.761 and 10.762 programs are
exempt from the provisions of Executive Order 12372. RUS conducts
intergovernmental consultation in the manner delineated in FmHA
Instruction 1940-J. The Nonprofit National Corporations Loan and Grant
Program (NNC) is an old program that is no longer offered, however, the
Agency continues to service existing grantees.
List of Subjects in 7 CFR Parts 1942 and 1980
Business and Industry; Community development; Community facilities;
Economic development, Grant programs--housing and community
development, Grant programs--nonprofit corporations, Industrial park,
Loan programs--nonprofit corporations, Rural areas.
Therefore, chapter XVIII, title 7, Code of Federal Regulations is
amended as follows:
PART 1942--ASSOCIATIONS
1. The authority citation for part 1942 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart G--Rural Business Enterprise Grants and Television
Demonstration Grants
2. Section 1942.307 is amended by adding a new paragraph (a)(6) as
follows:
Sec. 1942.307 Limitations on use of grant funds.
(a) * * *
(6) To pay for technical assistance as defined in this subpart
which duplicates assistance provided to implement an action plan funded
by the Forest Service (FS) under the National Forest-Dependent Rural
Communities Economic Diversification Act for 5 continuous years from
the date of grant approval by the FS. To avoid duplicate assistance,
the grantee shall coordinate with FS and Rural Business and Cooperative
Development Service (RBCDS) to ascertain if a grant has been made in a
substantially similar geographical or defined local area in a State for
technical assistance under the above program. The grantee will provide
documentation to FS and RBCDS regarding the contact with each agency.
Under its program, the FS assists rural communities dependent upon
national forest resources by establishing rural forestry and economic
diversification action teams which prepare action plans. Action plans
are intended to provide opportunities to promote economic
diversification and enhance local economies dependent upon national
forest resources.
* * * * *
Subpart J--Technical Assistance and Training Grants
3. Section 1942.460 is amended by adding paragraph (g) to read as
follows:
Sec. 1942.460 Limitations.
* * * * *
(g) Pay for technical assistance as defined in this subpart which
duplicates assistance provided to implement an action plan funded by
the Forest Service (FS) under the National Forest-Dependent Rural
Communities Economic Diversification Act for 5 continuous years from
the date of grant approval by the FS. To avoid duplicate assistance,
the grantee shall coordinate with the FS and Rural Utilities Service
(RUS) to ascertain if a grant has been made in a substantially similar
geographical or defined local area in a State for technical assistance
under the above program. The grantee will provide documentation to FS
and RUS regarding the contact with each agency. Under its program, the
FS assists rural communities dependent upon national forest resources
by establishing rural forestry and economic diversification action
teams which prepare action plans. Action plans are intended to provide
opportunities to promote economic diversification and enhance local
economies dependent upon national forest resources.
PART 1980--GENERAL
4. The authority citation for part 1980 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart G--Nonprofit National Corporations Loan and Grant Program
5. Section 1980.613 is amended by designating the existing
paragraph as paragraph (a) and adding paragraph (b) to read as follows:
Sec. 1980.613 Technical assistance.
* * * * *
(b) Grant funds for technical assistance which duplicates
assistance provided under an action plan funded by the Forest Service
(FS) under the National Forest-Dependent Rural Communities Economic
Diversification Act will not be provided for 5 continuous years from
the date of grant approval by the FS. To avoid duplicate assistance,
the NNC shall coordinate with the FS and Rural Business and Cooperative
Development Service (RBCDS) to determine the best use of available
resources and to ascertain if a grant has been made in a substantially
similar geographical or defined local area in a State for technical
assistance under the above program. The NNC will provide documentation
to FS and RBCDS regarding the contact with each agency. Under its
program, the FS assists rural communities dependent upon national
forest resources by establishing rural forestry and economic
[[Page 52840]]
diversification action teams which prepare action plans. Action plans
are intended to provide opportunities to promote economic
diversification and enhance local economies dependent upon national
forest resources.
Dated: September 14, 1995.
Jill Long Thompson,
Under Secretary, Rural Economic and Community Development.
[FR Doc. 95-25017 Filed 10-10-95; 8:45 am]
BILLING CODE 3410-32-U
