[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18287]
[Federal Register: July 28, 1994]
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DEPARTMENT OF AGRICULTURE
Rural Development Administration
7 CFR Part 4285
RIN 0537-AA00
Federal-State Research on Cooperatives Program
AGENCY: Rural Development Administration, USDA.
ACTION: Final rule.
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SUMMARY: This rulemaking establishes within the Rural Development
Administration (RDA) a matching fund cooperative research agreement
program to State Departments of Agriculture, State Agricultural
Experiment Stations, and other related State Agencies to conduct
marketing research related to cooperatives. This rule establishes the
procedures to be followed annually in the solicitation of cooperative
agreement proposals, the evaluation of such proposals, and the award of
the cooperative agreements under this program. These rules are
necessary to award the funds appropriated to Agricultural Marketing
Service in fiscal year 1994 for research on cooperatives under the
Federal-States Marketing Improvement Program. The intended effect is to
encourage more research at state levels that will enhance the well-
being of agricultural cooperatives and their members.
EFFECTIVE DATE: July 28, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. Thomas H. Stafford, Director,
Cooperative Marketing Division, Cooperative Services, Rural Development
Administration, USDA, Ag Box 3252, Washington, DC 20250-3252, Phone:
202-690-0368.
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 OMB.
Paperwork Reduction Act
The information collection or recordkeeping requirements contained
in this regulation have been approved by the Office of Management and
Budget (OMB) under the provision of 44 U.S.C. Chapter 35 and have been
assigned OMB control number 0570-0005 in accordance with the Paperwork
Reduction Act of 1980 (44 U.S.C. 3507). This final rule does not revise
or impose any new information collection or recordkeeping requirement
from those approved by OMB.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the undersigned has determined and certified by signature of this
document that this rule will not have a significant economic impact on
a substantial number of small entities.
Environmental Impact Statement
This regulation does not significantly affect the environment.
Therefore, an environmental impact statement is not required under the
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321
et seq.).
Intergovernmental Review
This program is considered a part of ``Technical Assistance To
Cooperatives'' as listed as No. 10.350 in the ``Catalog of Federal
Domestic Assistance''. For reasons set forth in the Final Rule-related
Notice to 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this
program is excluded from the scope of Executive Order No. 12372 which
requires intergovernmental consultation with State and local officials.
Civil Justice Reform
This document has been reviewed in accordance with Executive Order
(E.O.) 12778. It is the determination of RDA that this action does not
unduly burden the Federal Court System in that it meets all applicable
standards provided in section 2 of the E.O.
Discussion of Rule
A proposed rule was issued on this subject on May 9, 1994 (59 FR
23804-10). No comments were received on the proposed rule. The proposed
rule, therefore, is adopted as final except for the administrative
changes discussed below.
In error, the proposed rule indicated in one place the Federal-
State Research On Cooperatives (FSROC) Program was subject to Executive
Order 12372 requiring intergovernmental consultations and in another
place that it was exempt from the Order. The FSROC Program is excluded
from the scope of the Executive Order No. 12372; therefore, the
incorrect reference in the proposed rule was removed.
In addition, the definition of ``State agencies'' eligible under
the program has been changed to include State Agricultural Experiment
stations and State Departments of Agriculture in the 50 States, the
Virgin Islands, and Guam, and other appropriate State agencies. The
proposed rule included experiment stations and State Departments of
Agriculture in the 50 States and all territories or possessions of the
United States. The change was made to conform to the limiting language
of 7 U.S.C. 1626 which defines ``state'' to include the Virgin Islands
and Guam. The Agency has interpreted the Agricultural Marketing Act of
1946 (7 U.S.C. 1621-27) as providing no authority to fund marketing
research by agencies of other United States territories or possessions.
List of Subjects in 7 CFR Part 4285
Agricultural commodities, Agricultural research, Cooperatives,
Reporting and recordkeeping requirements.
For the reasons set out in the preamble, 7 CFR Ch. XLII is amended
by adding Part 4285 to read as follows:
PART 4285--COOPERATIVE AGREEMENTS
Subpart A--Federal-State Research on Cooperatives Program
Sec.
4285.1 Objective.
4285.2 Cooperative agreement purposes.
4285.3 Definitions.
4285.4-4285.23 [Reserved]
4285.24 Eligibility.
4285.25 Authorized use of cooperative agreement funds.
4285.26-4285.45 [Reserved]
4285.46 Prohibited use of cooperative agreement funds.
4285.47 Limitations.
4285.48-4285.57 [Reserved]
4285.58 How to apply for cooperative agreement funds.
4285.59-4285.68 [Reserved]
4285.69 Evaluation and disposition of applications.
4285.70 Evaluation criteria.
4285.71-4285.80 [Reserved]
4285.81 Cooperative agreement awards.
4285.82 Use of funds; changes.
4285.83-4285.92 [Reserved]
4285.93 Other Federal statutes and regulations that apply.
4285.94 Other conditions.
4285.95-4285.99 [Reserved]
4285.100 OMB control number.
Authority: 7 U.S.C. 1623; Public Law 103-111, 107 Stat. 1046; 7
U.S.C. 2201; USDA Secretary's Memorandum 1020-39, dated September
30, 1993; and Public Law 103-211, 108 Stat. 3.
Subpart A--Federal-State Research on Cooperatives Program
Sec. 4285.1 Objective.
This subpart sets forth the policies and procedures and delegates
authority for providing Federal-State Research on Cooperatives
cooperative agreement funds to finance programs of research on
cooperatives as authorized under Section 204 (b) of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1623 (b)). The primary purpose of this
matching fund program, via cooperative agreements, is to encourage
State Departments of Agriculture and State Agricultural Experiment
Stations in conducting research related to agricultural cooperatives.
Sec. 4285.2 Cooperative agreement purposes.
Rural Development Administration (RDA) may enter into a cooperative
agreement with a State agency to provide funds to the State agency to:
(a) Conduct marketing research related to agricultural
cooperatives.
(b) Assist other organizations in conducting marketing research
related to agricultural cooperatives.
Sec. 4285.3 Definitions.
As used in this part:
Agreement period. The total period of time approved by the
Assistant Administrator for Cooperative Services for conducting the
proposed project as outlined in an approved application. The time
period is normally no more than 3 years, renewable for cause not to
exceed a total of 4 fiscal years.
Agricultural products. Agricultural products include agricultural,
horticultural, viticultural, and dairy products, livestock and poultry,
bees, forest products, fish and shellfish, and any products thereof,
including processed or manufactured products, and any and all products
raised or produced on farms and any processed or manufactured product
thereof.
Assistant Administrator for Cooperative Services. The Assistant
Administrator for Cooperative Services, Rural Development
Administration, USDA or any authorized delegate.
Awarding official. The Assistant Administrator for Cooperative
Services or authorized delegate.
Cooperative agreement. A legal instrument reflecting a relationship
between the United States Government and a State where:
(1) The principal purpose of the relationship is the transfer of
money, property, services, or anything of value to the State agency to
carry out research related to cooperatives; and
(2) Substantial involvement is anticipated between RDA, acting for
the Federal Government, and the State or other recipient during
performance of the research in the agreement.
Cooperator. The State agency designated in the cooperative
agreement award document as the responsible legal entity to whom a
cooperative agreement is awarded under this part.
Department. The U.S. Department of Agriculture.
Methodology. The research approach to be followed to carry out the
project.
Principal investigator. A single individual who is responsible for
the scientific and technical direction of the project, as designated by
the cooperator in the cooperative agreement application and approved by
the Assistant Administrator for Cooperative Services.
Project. The particular activity within the scope of one or more of
the research program areas identified in the annual program
solicitation that is supported by a cooperative agreement under this
part.
State agencies. State agencies include, among others, State
Agricultural Experiment Stations and State Departments of Agriculture
in the 50 States, the Virgin Islands, and Guam, and other appropriate
State agencies. Final determination of whether certain 1890 or 1862
Land Grant institutions qualify as state agencies will be determined on
a case-by-case basis by the Office of the General Counsel (OGC), USDA.
Secs. 4285.4-4285.23 [Reserved]
Sec. 4285.24 Eligibility.
To enter into a cooperative agreement for these funds, the
applicant must:
(a) Be a State Agency as defined in Sec. 4285.3 of this subpart;
(b) Have the financial, legal, administrative, and actual capacity
to assume and carry out the responsibilities imposed by the Agreement.
To meet the requirement of actual capacity it must either:
(1) Have necessary background and experience with proven ability to
perform responsibly in the field of economic, business management, or
other needed research area; or
(2) Have the necessary administrative and supervisory controls in
place to assure an agreed upon contracting organization has the proven
ability to perform responsibly in the field of economic, business
management, or other needed research area;
(c) Legally obligate itself to administer cooperative agreement
funds, provide adequate accounting of the expenditure of such funds,
and comply with the cooperative agreement;
(d) Provide at least 50 percent of the funds necessary to conduct
the research from non-federal funds; and
(e) Agree to conduct proposed research related to cooperatives and
agricultural marketing.
Sec. 4285.25 Authorized use of cooperative agreement funds.
Funds received for research under cooperative agreements in this
program shall only be used for:
(a) Payment of salaries and necessary employee benefits of
personnel as agreed upon in the Cooperative Agreement. Included are
salaries and benefits of State employees assigned full-time to one or
more projects, or the percent of the salaries and benefits related to
project work for State employees assigned part-time to research on one
or more projects. Salaries and benefits include basic salary, other
compensation such as holiday pay, sick or annual leave, and personnel
benefits (quarters allowance, payments to other funds such as
employees' life insurance, health benefits, retirement, Federal
Insurance Contributions Act (FICA), accident compensation, and similar
payments). For any of the benefit items when the State usually pays the
employer share, Federal funds may be used to pay the proportionate
share of such employer contributions.
(b) Payment of necessary and reasonable office expenses such as
office rental, office utilities, and office equipment rental. The
purchase of office equipment is permissible when the cooperator
determines it to be more economical than renting. However, as a general
rule, these types of expenses would be classified as indirect costs in
multiple funded organizations and would not be an allowable expense.
Planned purchases of equipment costing more than $200 per unit must be
approved by RDA. Equipment purchased becomes State property pursuant to
the cooperative agreement.
(c) Payment of necessary and reasonable costs of printing
publications of research project results. However, all such
publications should show the RDA as cooperator in the project and bear
the following statement: ``State funds for this project (publication)
were matched with Federal funds under the Federal-State Research on
Cooperatives Program of the U.S. Department of Agriculture, Rural
Development Administration, Cooperative Services, as provided by the
Agricultural Marketing Act of 1946 and (appropriate) fiscal year
appropriations.''
(d) Purchase of office supplies (such as paper, pens, pencils, and
trade magazines) and postage needed for project activities.
(e) Payment of necessary and reasonable travel expenses.
Secs. 4285.26-4285.45 [Reserved]
Sec. 4285.46 Prohibited use of cooperative agreement funds.
(a) The Agricultural Marketing Act prohibits the use of Federal
funds to pay for newspaper or periodical space and radio and television
time, either directly to the media or indirectly though an advertising
agency or other firm. County and State fair exhibits, as well as
commodity months and weeks, are also excluded as the research on
cooperatives program activities.
(b) Federal funds cannot be used to purchase products or samples of
products to give away to the public.
(c) Federal program funds cannot be used to purchase:
(1) Promotional pieces such as point-of-sale materials, promotional
kits, billboard space and signs, streamers, automobile stickers, table
tents, and placemats; or
(2) Promotion items of a personal gift nature.
(d) Cooperative agreement funds cannot be used to conduct general
publicity or information programs designed to build the image of the
State's agriculture or of a particular State Department of Agriculture
or Agricultural Experiment Station.
(e) Project funds cannot be used to pay for the salary and travel
of employees of cooperatives, trade associations, commodity groups, and
other industry organizations, or of State personnel while engaged in
managing market orders, cooperatives, or other group endeavors.
(f) Commissioners, Directors, and Secretaries of State Departments
of Agriculture, Agricultural Experiment Stations, and other State
agencies cannot charge their salaries and travel to project funds, with
the exception of travel to workshops or conferences devoted to the
Federal-State Research On Cooperatives Program.
(g) Funds made available for this program shall not be subject to
reduction for indirect costs or for tuition remission.
Sec. 4285.47 Limitations.
The amount of funds available for the cooperative agreements under
this program is limited to the amount appropriated for the fiscal year.
Secs. 4285.48-4285.57 [Reserved]
Sec. 4285.58 How to apply for cooperative agreement funds.
(a) A program solicitation will be prepared and announced through
publications such as the Federal Register, professional trade journals,
agency or program handbooks, and/or any other appropriate means, as
early as practicable each fiscal year in which funds are appropriated
for the program.
(b) The annual program solicitation will contain information
sufficient to enable all eligible applicants to prepare proposals
including:
(1) Desired research topics. The FY-94 solicitation will encourage
studies:
(i) To improve the efficiency and effectiveness of marketing of
agricultural cooperatives;
(ii) To measure the impact of rural cooperatives on the local
economies;
(iii) That help identify opportunities to develop cooperatives for
new or alternative market uses of agricultural products;
(iv) That help identify ways to develop agricultural marketing
cooperatives; and
(v) Addressing other cooperative marketing objectives;
(2) Explanation of eligibility requirements as outlined in
Sec. 4285.24 of this subpart;
(3) The notice of availability of application forms and
instructions for submission of applications;
(4) The notice of deadline dates for postmarking proposal packages.
(c) Format for proposals. Unless otherwise indicated by the
Department in the annual program solicitation, the following
information must be submitted for the preparation of proposals under
this program:
(1) Form SF-424, ``Application for Federal Assistance.''
(2) Form SF-424A, ``Budget Information--Non-Construction
Programs.''
(3) Form SF-424B, ``Assurances--Non-Construction Programs.''
(4) Statement of Work. The application must include a narrative
statement describing the nature of the proposed research. The Statement
of Work must include at least the following:
(i) Title of the Project. The title of the proposal must be brief,
yet represent the major thrust of the project.
(ii) Project Leaders. List the name(s) of the principal
investigator(s). Minor collaborators or consultants should be so
designated and not listed as principal investigators.
(iii) Need for the Project. A concisely worded rationale behind the
proposed research must be presented. The need for the proposed research
must be clearly related to marketing and to the needs of agricultural
cooperatives.
(iv) Objectives of the project. The specific description of the
overall project goal(s) and supporting objectives must be presented.
(v) Procedures for conducting the research. The hypotheses or
questions being asked and the methodology being applied to the proposed
project must be described. A description of any subcontracting
arrangements that will be used for conducting the research must be
included. A tentative schedule for conducting major steps involved in
the investigation must also be included.
(vi) The expected output of the project. A description of how the
results of the research will be disseminated should be presented.
Responsibility for publishing any research reports or other types of
output should also be identified.
(5) Collaborative arrangements. If the nature of the proposed
project requires collaboration or subcontractual arrangements with
other research scientists, corporations, organizations, agencies, or
entities, the applicant must identify the collaborator(s) and provide a
full explanation of the nature of the collaboration. Evidence (i.e.,
letters of intent) should be provided to assure reviewers that the
collaborators involved have agreed to render this service. In addition,
the proposal must indicate whether or not such a collaborative
arrangement(s) has the potential for conflict(s) of interest.
(6) Personnel support. To assist reviewers in assessing the
competence and experience of the proposed project staff, key personnel
who will be involved in the proposed project must be identified
clearly. For each principal investigator involved, and for all senior
associates and other professional personnel who expect to work on the
project, whether or not funds are sought for their support, the
following must be included:
(i) An estimate of the time commitments necessary;
(ii) Curriculum Vitae. The curriculum vitae should be limited to a
presentation of academic and research credentials, e.g., educational,
employment and professional history, and honors and awards. Unless
pertinent to the project, it should not include meetings attended,
seminars given, or personal data such as birth date, martial status, or
community activities; and
(iii) Publication List(s). A chronological list of all publications
in refereed journals during the past five years, including those in
press, must be provided for each professional project member for whom a
curriculum vitae is provided. Also list other non-refereed technical
publications that have relevance to the proposed project. Authors
should be listed in the same order as they appear on each paper cited,
along with the title and complete reference as these usually appear in
journals.
Secs. 4285.59-4285.68 [Reserved]
Sec. 4285.69 Evaluation and disposition of applications.
(a) Evaluation. (1) All proposals received from eligible applicants
and postmarked in accordance with deadlines established in the annual
program solicitation shall be evaluated by the Assistant Administrator
for Cooperative Services through an RDA staff panel. The Assistant
Administrator for Cooperative Services will select the evaluation panel
from staff determined to be highly qualified in the subject matter
areas that were emphasized in the current year's solicitation and from
those with no potential conflict of interest with the applicants.
(2) Prior to technical examination, a preliminary review will be
made for responsiveness to the program solicitation (e.g., relationship
of proposal to research topic(s) listed in solicitation). Proposals
that do not fall within the guidelines as stated in the program
solicitation will be eliminated from competition and will be returned
to the applicant.
(3) Proposals will be ranked based on evaluation criteria
established in Sec. 4285.70 of this subpart, and financial support
levels will be recommended to the Assistant Administrator for
Cooperative Services by the panel within the limitation of the total
funding available in the fiscal year. The purpose of these evaluations
is to provide information upon which the Assistant Administrator for
Cooperative Services may make informed judgments in selecting
proposals. Such recommendations are advisory only and are not binding
on the awarding official of RDA. To ensure a comprehensive evaluation,
all applications should be written with the care and thoroughness
accorded papers for publication.
(b) Disposition. (1) On the basis of the Assistant Administrator
for Cooperative Services's evaluation of an application in accordance
with paragraph (a) of this section, the Assistant Administrator for
Cooperative Services will either:
(i) Approve support using currently available funds;
(ii) Defer support due to lack of funds or need for further
evaluation; or
(iii) Disapprove support for the proposed project in whole or in
part.
(2) With respect to any approved project, the Assistant
Administrator for Cooperative Services will determine the project
period during which the project may be funded.
(3) Any deferral or disapproval of an application will not preclude
its reconsideration or reapplication during subsequent fiscal years.
However, applicants must reapply if reconsideration is desired.
(4) The Assistant Administrator for Cooperative Services will not
make a cooperative agreement funding award, based upon an application
covered by this part, unless the application has been properly reviewed
in accordance with the provisions of this part and unless said
reviewers have made recommendations concerning the scientific merit and
relevance to the program of such application.
Sec. 4285.70 Evaluation criteria.
(a) In evaluating the proposal, the RDA staff review panel and the
awarding official will take into account the degree to which the
proposal demonstrates the following:
(1) Focus on a practical solution to a significant problem
involving one or more of the following on a cooperative business basis:
the preparation for market, processing, packaging, handling, storing,
transporting, distributing, or marketing of agricultural products.
(35%)
(2) Adequacy, soundness, and appropriateness of the proposed
approach to solve the identified problem. (30%)
(3) Feasibility and probability of success of project solving the
problem. (10%)
(4) Qualifications, experience in related work, competence, and
availability of project personnel to direct and carry out the project.
(25%)
(b) In addition, the cost relative to the expected research results
will be considered in determining the awarding of the agreements.
Secs. 4285.71-4285.80 [Reserved]
Sec. 4285.81 Cooperative agreement awards.
(a) General. Within the limit of funds available for such purpose,
the awarding official shall make awards for cooperative agreements to
those applicants whose proposals are judged most meritorious in the
announced program areas under the evaluation criteria and procedures
set forth in this part. The date specified by the Assistant
Administrator for Cooperative Services as the beginning of the project
period shall be no later than September 30 of the Federal fiscal year
in which the project is approved and funds are appropriated for such
purpose, unless otherwise permitted by law. All funds awarded under
this part shall be expended solely in accordance with the methods
identified in approved application and budget, the regulations of this
part, the terms and conditions of the award, the applicable Federal
cost principles, and the Department's ``Uniform Federal Assistance
Regulations'' (part 3015 of this title) and the Department's ``Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments'' (part 3016 of this title).
(b) Cooperative agreement award document and notice of award. (1)
Cooperative agreement award document. The award document shall include
at a minimum the following:
(i) Legal name and address of performing organization or
institution to whom the Assistant Administrator for Cooperative
Services has competitively awarded funds under the terms of this part;
(ii) Title of project;
(iii) Name(s) and address(es) of principal investigator(s) chosen
to direct and control approved activities;
(iv) Identifying cooperative agreement number assigned by RDA;
(v) Project period, specifying the amount of time the Agency
intends to support the project without requiring recompetition for
funds;
(vi) Total amount of Agency financial assistance approved by the
Assistant Administrator for Cooperative Services during the project
period;
(vii) Legal authority(ies) under which the cooperative agreement is
awarded;
(viii) Approved budget plan for categorizing allocable project
funds to accomplish the stated purpose of the cooperative agreement
award; and
(ix) Other information or provisions deemed necessary by RDA to
carry out its agreement activities or to accomplish the purpose of a
particular cooperative agreement.
(2) Notice of award. The notice of award of funds for the
cooperative agreement will be in the form of a letter providing
pertinent instructions or information to the cooperator.
(c) Types of cooperative agreement instruments. The types of
cooperative agreements shall be as follows:
(1) New agreement. This is an agreement instrument by which RDA
agrees to support a specified level of effort for a project not
supported previously under this program. This type of agreement is
approved on the basis of an RDA Staff evaluation review and
recommendation.
(2) Renewal agreement. This is an agreement instrument by which RDA
agrees to provide additional funding for a project beyond the period
approved in an original or amended agreement, provided that the
cumulative period does not exceed the statutory limitation. When a
renewal application is submitted, it must include a summary of progress
to date from the previous agreement period. A renewal agreement shall
be based upon new application, de novo review and staff evaluation, new
recommendation and approval, and a new award instrument.
(3) Supplemental agreement. This is an instrument by which RDA
agrees to provide small amounts of additional funding under a new or
renewal cooperative agreement as specified in paragraphs (c)(1) and
(c)(2) of this section and may involve a short-term (usually one year
or less) extension of the project period beyond that approved in an
original or amended award, but in no case may the cumulative period for
the project exceed the statutory limitation. A supplement is awarded
only if required to assure adequate completion of the original scope of
work and if there is sufficient justification to warrant such action. A
request of this nature will not require additional review.
(d) Obligation of the Federal Government. The approval of any
application or the award of any funds for a cooperative agreement shall
not commit nor obligate the United States in any way to make any
renewal, supplemental, continuation, or other award with respect to any
approved application or portion of an approved application.
(e) Obligation of the cooperator. The cooperator shall be
responsible for:
(1) Making a brief quarterly progress reports at the end of each
December, March, June and September to the FSROC program staff for the
duration of the research project;
(2) Presenting a final administrative report on the project at the
end of the research project; and
(3) Preparing and publishing a report(s) of research findings for
dissemination to interested producers, cooperatives, and agencies.
Include recognition to financial and other assistance received from the
FSROC program.
Sec. 4285.82 Use of funds; changes.
(a) Delegation of fiscal responsibility. The cooperator may not, in
whole or in part, delegate or transfer to another person, institution,
or organization the responsibility for use or expenditure of
cooperative agreement funds.
(b) Change in project plans. (1) The permissible changes by the
cooperator, principal investigator(s), or other key project personnel
in the approved cooperative agreement shall be limited to changes in
methodology, techniques, or other aspects of the project to expedite
achievement of the project's approved goals. If the cooperator and/or
the principal investigator(s) is uncertain whether a particular change
complies with this provision, the question must be referred to the
Assistant Administrator for Cooperative Services for a final
determination.
(2) Changes in approved goals, or objectives, shall be requested by
cooperator and approved in writing by the Assistant Administrator for
Cooperative Services, or authorized delegate, prior to effecting such
changes. Normally, no requests for such changes outside the scope of
the original approved project will be approved.
(3) Changes in approved project leadership or the replacement or
realignment of other key project personnel shall be requested by the
cooperator and approved in writing by the Assistant Administrator for
Cooperative Services, or authorized delegate, prior to effecting such
changes.
(4) Transfers of actual performance of the substantive programmatic
work in whole or in part and provisions for payment of funds, whether
or not Federal funds are involved, shall be requested by the cooperator
and approved in writing by the Assistant Administrator for Cooperative
Services, or authorized delegate, prior to effecting such changes,
except as may be allowed in the terms and conditions of a cooperative
agreement award.
(c) Changes in project period. The project period determined
pursuant to Sec. 4285.81(b) of this subpart may be extended by the
Assistant Administrator for Cooperative Services without additional
financial support, for such additional period(s) as the Assistant
Administrator for Cooperative Services determines may be necessary to
complete, or fulfill the purposes of, an approved project. Any
extension, when combined with the originally approved or amended
project period, shall not exceed four (4) years and shall be further
conditioned upon prior request by the cooperator and approval in
writing by the Assistant Administrator for Cooperative Services, or
authorized delegate, except as may be allowed in the terms and
conditions of a cooperative agreement award.
(d) Changes in approved budget. The terms and conditions of a
cooperative agreement will prescribe circumstances under which written
Agency approval must be requested and obtained prior to instituting
changes in an approved budget.
Secs. 4285.83-4285.92 [Reserved]
Sec. 4285.93 Other Federal statutes and regulations that apply.
Several other Federal statutes and regulations apply to cooperative
agreement proposals considered for review or to agreements awarded
under this part. These include but are not limited to:
(a) 7 CFR Part 1, Subpart A--USDA implementation of the Freedom of
Information Act;
(b) 7 CFR Part 3--USDA implementation of OMB Circular A-129
regarding debt collection;
(c) 7 CFR Part 15, Subpart A--USDA implementation of title VI of
the Civil Rights Act of 1964 in order to assure nondiscrimination;
(d) 7 CFR Part 1473--National Agricultural, Research, Extension,
and Teaching Policy Act Amendments of 1981 if the project involves a
college or university;
(e) 7 CFR Part 3015--USDA Uniform Federal Assistance Regulations
implementing OMB directives (i.e., Circular Nos. A-110, A-21, and A-
122) and incorporating provisions of 31 U.S.C. 6301-6308 (formerly, the
Federal Grant and Cooperative Agreement Act of 1977, Pub. L. 95-224, 92
Stat. 3), as well as general policy requirements applicable to
recipients of Departmental financial assistance;
(f) 7 CFR Part 3016--USDA Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments;
(g) 7 CFR Part 3017--USDA implementation of Governmentwide
Debarment and Suspension (Nonprocurement) and Governmentwide
Requirements for Drug-Free Workplace (Grants);
(h) 7 CFR Part 3018--USDA implementation of New Restrictions on
Lobbying. Imposes new prohibitions and requirements for disclosure and
certification related to lobbying on recipients of Federal contracts,
grants, cooperative agreements, and loans;
(i) 7 CFR Part 3051--Audits of Institutions of Higher Education and
Other Nonprofit Institutions;
(j) 29 U.S.C. 794, section 504--Rehabilitation Act of 1973, and 7
CFR Part 15B prohibiting discrimination based upon physical or mental
handicap in Federally assisted programs;
(k) 35 U.S.C. 200 et seq.--Bayh-Dole Act, controlling allocation of
rights to inventions made by employees of small business firms and
domestic nonprofit organizations, including universities, in Federally
assisted programs (implementing regulations are contained in 37 CFR
part 401).
Sec. 4285.94 Other conditions.
Post-award requirements. Upon awarding the cooperative agreement,
the post-award requirements of subparts C and D of part 3016 of this
title apply.
Secs. 4285.95-4285.99 [Reserved]
Sec. 4285.100 OMB control number.
The reporting and recordkeeping requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) and have been assigned OMB control number 0570-0005. Public
reporting burden for this collection of information is estimated to
vary from 10 minutes to 36 hours per response with an average of 3.48
hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden, to Department of Agriculture, Clearance Officer, OIRM, Ag Box
7630, Washington, DC 20250; and to the Office of Management and Budget,
Paperwork Reduction Project (OMB # 0570-0005), Washington, DC 20503.
Dated: July 18, 1994.
Karl N. Stauber,
Acting Under Secretary for Small Community and Rural Development.
[FR Doc. 94-18287 Filed 7-27-94; 8:45 am]
BILLING CODE 3410-32-P
