[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Proposed Rules]
[Pages 18534-18536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9262]
[[Page 18533]]
_______________________________________________________________________
Part IV
Department of Agriculture
_______________________________________________________________________
Cooperative State Research, Education, and Extension Service
_______________________________________________________________________
7 CFR Part 3418
Stakeholder Input Requirements for Recipients of Agricultural Research,
Education, and Extension Formula Funds; Proposed Rule
Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 /
Proposed Rules
[[Page 18534]]
DEPARTMENT OF AGRICULTURE
Cooperative State Research, Education, and Extension Service
7 CFR Part 3418
RIN 0524-AA23
Stakeholder Input Requirements for Recipients of Agricultural
Research, Education, and Extension Formula Funds
AGENCY: Cooperative State Research, Education, and Extension Service,
USDA.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Cooperative State Research, Education, and Extension
Service (CSREES) proposes to add a new part 3418 to Title 7, Subtitle
B, Chapter XXXIV of the Code of Federal Regulations, for the purpose of
implementing section 102(c) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (AREERA) (7 U.S.C. 7612(c)) which
requires 1862 land-grant institutions, 1890 land-grant institutions,
and 1994 land-grant institutions that receive agricultural research,
extension, or education formula funds to establish a process for
stakeholder input on the uses of such funds. Failure to comply with
these shakeholder input requirements may result in the withholding of a
recipient institution's formula funds and redistribution of its share
of formula funds to other eligible institutions.
DATES: Written comments are invited from interested individuals and
organizations. To be considered in the formulation of the final rule,
comments must be received on or before May 14, 1999.
ADDRESSES: Address all comments to CSREES-USDA; Office of Extramural
Programs; Policy and Program Liaison Staff; Mail Stop 2299; 1400
Independence Avenue, S.W.; Washington, DC 20250-2299. Comments may be
hand-delivered to CSREES-USDA; Office of Extramural Programs; Policy
and Program Liaison Staff; Room 302 Aerospace Center; 901 D Street, SW;
Washington, DC 20024. Comments may also be mailed electronically to
oep@reeusda.gov.
FOR FURTHER INFORMATION CONTACT: Louise Ebaugh; Director, Office of
Extramural Programs; Cooperative State Research, Education, and
Extension Service; U.S. Department of Agriculture; Washington, DC
20250; at 202-720-9181, 202-401-7752 (fax) or via electronic mail at
oep@reeusda.gov.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The Cooperative State Research, Education, and Extension Service
(CSREES) proposes a rule to implement section 102(c) of the
Agricultural Research, Extension, and Education Reform Act of 1998
(AREERA) (7 U.S.C. 7612(c)) which requires 1862, 1890, and 1994
institutions (specific land-grant colleges and universities as defined
by section 2 of AREERA (7 U.S.C. 7601)) receiving agricultural
research, extension, or education formula funds from CSREES to
establish a process for receiving input from persons who conduct or use
agricultural research, extension, or education on the uses of such
funds. For purposes of this rule, these persons are referred to as
stakeholders. Section 102(c)(2) of AREERA required the Secretary of
Agriculture to promulgate regulations specifying what those land-grant
institutions had to do to meet this stakeholder input requirement, and
what consequences would befall any institution that did not meet such a
requirement.
Section 102(c) on its face only applies to land-grant colleges and
universities established pursuant to the First Morrill Act, as amended
(7 U.S.C. 301, et seq.) (1862 institutions), the Second Morrill Act, as
amended (7 U.S.C. 321, et seq.) (1890 institutions), and the Equity in
Educational Land-Grant Status Act of 1994, as amended (7 U.S.C. 301
note) (1994 institutions). CSREES has determined that the formula funds
specified in section 102(c) are: agricultural research funds provided
to the 1862 institutions and agricultural experiment stations under the
Hatch Act of 1887, as amended (7 U.S.C. 361a, et seq.); extension funds
provided to 1862 institutions under sections 3(b) and 3(c) of the
Smith-Lever Act, as amended (7 U.S.C. 343(b) and (c)), and section
208(c) of the District of Columbia Public Postsecondary Education
Reorganization Act, Pub. L. 93-471, as amended; agricultural research
and extension funds provided to 1890 institutions under sections 1444
and 1445, respectively, of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (NARETPA), as amended (7
U.S.C. 3221 and 3222); education formula funds provided to 1994
institutions under section 534(a) of the Equity in Educational Land-
Grant Status Act of 1994 (7 U.S.C. 301 note); research funds provided
for forestry schools under the McIntire-Stennis Act of 1962, as amended
(16 U.S.C. 582a, et seq.); and animal health and disease research funds
provided to veterinary schools and agricultural experiment stations
under section 1433 of NARETPA, as amended (7 U.S.C. 3195).
The 1862, 1890, and 1994 institutions are not the sole institutions
eligible to receive formula funds under all of these Acts. There is one
agricultural experiment station that is not a college or university,
and a handful of forestry or veterinary schools that are not land-grant
institutions. However, given that the number of such institutions is de
minimus, and the impracticality of trying to segregate stakeholder
comments with respect to these few institutions, CSREES has determined
to apply this proposed rule to any recipient of the aforementioned
formula funds.
The proposed rule does not require recipient institutions to adopt
any particular format for soliciting stakeholder input. It only
requires that recipient institutions report annually to CSREES (1) the
actions taken to encourage stakeholder input; and (2) a brief statement
of the process used by a recipient institution to identify individuals
or groups as stakeholders and to collect input from them.
Failure to comply with the requirements of this rule may result in
the withholding of a recipient institution's formula funds and
redistribution of its share of formula funds to other eligible
institutions, as authorized by law.
In addition to the comments from the recipient institutions
directly affected by this rule, CSREES encourages public comments from
stakeholders. Interested parties also are invited to review the
Guidelines for State Plans of Work to be published in the Federal
Register for comment by mid April 1999, which will describe related
land-grant processes involving stakeholders.
Classification
This rule has been reviewed under Executive Order 12866 and has
been determined to be nonsignificant as it will not create a serious
inconsistency or otherwise interfere with an action planned by another
agency; will not materially alter the budgetary impact of entitlement,
grants, user fees, or loan programs, or the rights and obligations of
the recipients thereof; and will not raise novel legal or policy issues
arising out of legal mandates, the President's priorities, or
principles set forth in this executive order. This rule also will not
have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment,
[[Page 18535]]
public health or safety, or State, local, or tribal governments or
communities.
Regulatory Flexibility Act
The Department certifies that this rule will not have a significant
impact on a substantial number of small entities as defined in the
Regulatory Flexibility Act, Pub. L. No. 96-534 (5 U.S.C. 601 et seq.).
Accordingly, a regulatory flexibility analysis is not required for this
proposed rule.
Catalog of Federal Domestic Assistance
The programs affected by this rule are listed in the Catalog of
Federal Domestic Assistance under No. 10.203, Payments to Agricultural
Experiment Stations Under the Hatch Act, No. 10.205, Payments to 1890
Land-Grant Colleges and Tuskegee University, No. 10.202, Cooperative
Forestry Research, No. 10.207, Animal Health and Disease Research, No.
10.500, Cooperative Extension Service, and No. 10.221, Tribal Colleges
Education Equity Grants.
Paperwork Reduction Act
In accordance with the Office of Management and Budget (OMB)
regulations (5 CFR part 1320) which implement the Paperwork Reduction
Act of 1955 (44 U.S.C. chapter 35), the information collection and
recordkeeping requirements that will be imposed in implementation of
this proposed rule have been submitted to OMB for approval. These
requirements would not become effective prior to OMB approval.
This new collection of information and recordkeeping requirement
will enable CSREES to determine whether the recipient institutions have
established and implemented stakeholder input processes. Many of the
land-grant institutions already have functioning stakeholder input
processes and use the results of these processes to develop long range
plans, commonly referred to as plans of work, for their agricultural
research, education, and extension activities. The proposed 7 CFR 3418
will require that by October 1, 1999, each recipient institution will
have established and implemented a stakeholder input process on the
uses of their agricultural research, education, and extension formula
funds and that the institution submit an annual report on this process
to CSREES. Failure to comply may result in the withholding of a
recipient institution's formula funds and redistribution of its share
of formula funds to other eligible institutions, as authorized by law.
Respondents: First-tier respondents will be the land-grant
institutions of the States and tribes, or other specific institutions
as defined in the regulation, which will provide information to USDA on
the process and actions used by recipient institutions to identify
stakeholders and solicit their input. Second-tier respondents to the
collection of information will be the stakeholders who conduct or use
agricultural research, extension, or education within a State or tribe
receiving formula funds.
This collection of information will be mandatory for first-tier
respondents while it will be voluntary for the second-tier respondents.
Estimate of the Burden: The burden on the first-tier respondents is
estimated at 9.19 hours per response.
Estimated Number of Respondents: 116.
Estimated Annual Number of Responses: 311.
Estimated Total Annual Burden on Respondents: 2,859 hours.
Frequency of Responses: Annually.
Comments: Comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Agency, including whether the information will
have practical utility; (b) the accuracy of the Agency's estimate of
the burden of the proposed collection of information including the
validity of the methodology and assumptions used; (c) ways to enhance
the quality, utility, and clarity of the information to be collected;
and (d) ways to minimize the burden of collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology. Comments may be sent to: CSREES-
USDA; Office of Extramural Programs; Policy and Program Liaison Staff;
Mail Stop 2299; 1400 Independence Avenue, S.W.; Washington, DC 20250-
2299 by June 14, 1999 or to the Desk Officer for Agriculture, Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20502. Reference should be made to the volume, page, and
date of this Federal Register publication.
List of Subjects in 7 CFR 3418
Agricultural education, Agricultural extension, Agricultural
research, Colleges and universities.
For reasons stated in the preamble, chapter XXXIV of Title 7 of the
Code of Federal Regulations is amended by adding Part 3418 to read as
follows:
PART 3418--STAKEHOLDER INPUT REQUIREMENTS FOR RECIPIENTS OF
AGRICULTURAL RESEARCH, EDUCATION, AND EXTENSION FORMULA FUNDS
Sec.
3418.1 Definitions.
3418.2 Scope and Purpose.
3418.3 Applicability.
3418.4 Reporting Requirement.
3418.5 Failure to Report.
3418.6 Prohibition.
Authority: 5 U.S.C. 301; 7 U.S.C. 7612(c)(2).
Sec. 3418.1 Definitions.
As used in this part:
1862 institution means a college or university eligible to receive
funds under the Act of July 2, 1862 (7 U.S.C. 301, et seq.).
1890 institution means a college or university eligible to receive
funds under the Act of August 30, 1890 (7 U.S.C. 321, et seq.),
including Tuskegee University.
1994 institution means an institution as defined in section 532 of
the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301
note).
Formula funds means agricultural research funds provided to 1862
institutions and agricultural experiment stations under the Hatch Act
of 1887 (7 U.S.C. 361a, et seq.); extension funds provided to 1862
institutions under sections 3(b) and 3(c) of the Smith-Lever Act (7
U.S.C. 343(b) and (c)) and section 208(c) of the District of Columbia
Public Postsecondary Education Reorganization Act, Pub. L. 93-471;
agricultural extension and research funds provided to 1890 institutions
under sections 1444 and 1445 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (NARETPA) (7 U.S.C. 3221 and
3222); education formula funds provided to 1994 institutions under
section 534(a) of the Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note); research funds provided to forestry schools
under the McIntire-Stennis Act of 1962 (16 U.S.C. 582a, et seq.); and
animal health and disease research funds provided to veterinary schools
and agricultural experiment stations under section 1433 of NARETPA (7
U.S.C. 3195).
Recipient institution means any 1862 institution, 1890 institution,
1994 institution, or any other institution that receives formula funds
from the Department of Agriculture.
Stakeholder means any person who has the opportunity to use or
conduct agricultural research, extension, or education activities of
recipient institutions.
[[Page 18536]]
Sec. 3418.2 Scope and purpose.
Section 102(c) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7612(c)) requires land-grant
institutions, as a condition of receipt of formula funds, to solicit
and consider input and recommendations from stakeholders concerning the
use of formula funds. This regulation implements this requirement
consistently for all recipient institutions that receive formula funds.
Sec. 3418.3 Applicability.
To obtain formula funds after September 30, 1999, each recipient
institution shall establish and implement a process for obtaining
stakeholder input on the uses of formula funds in accordance with this
part.
Sec. 3418.4 Reporting requirement.
Each recipient institution shall report to the Department of
Agriculture by October 1 of each fiscal year, the following information
related to stakeholder input and recommendations: (1) actions taken to
seek stakeholder input that encourages their participation and
(2) a brief statement of the process used by the recipient
institution to identify individuals and groups who are stakeholders and
to collect input from them.
Sec. 3418.5 Failure to report.
Formula funds may be withheld and redistributed if a recipient
institution fails to either comply with Sec. 3418.3 or report under
Sec. 3418.4.
Sec. 3418.6 Prohibition.
A recipient institution shall not require input from stakeholders
as a condition of receiving the benefits of, or participating in, the
agricultural research, education, or extension programs of the
recipient institution.
Done at Washington, DC, this 7th day of April 1999.
Eileen Kennedy,
Deputy Under Secretary, Research, Education, and Economics.
[FR Doc. 99-9262 Filed 4-13-99; 8:45 am]
BILLING CODE 3410-22-P
