[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39083-39084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19007]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 12
RIN 1090-AA58
Administrative and Audit Requirements and Cost Principles for
Assistance Programs
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
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SUMMARY: This final rule is in response to the ``Omnibus Consolidated
Rescissions and Appropriations Act of 1996,'' and the ``Energy and
Water Development Appropriations Act, 1996.'' Section 307(a) of Public
Law 104-134 required that no funds made available in the Act may be
expended by an entity unless the entity agrees that in expending the
funds they will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c; popularly known as the ``Buy American Act'').
As it did for awards governed by this provision made since FY 1993, the
Department continues to interpret this requirement to apply to
assistance programs. Section 307(b)(1) of Public Law 104-134 again
states that it is the sense of Congress that all equipment and products
purchased with funds made available in the Act should be American-made.
Likewise, the Department is again taking the position that
Congressional intent is different for awards made by the Bureau of
Reclamation. As such, only the provisions in the regulation addressing
the sense of Congress (Sec. 12.700 and the notice requirements
(Sec. 12.710) will apply to awards made by the Bureau of Reclamation
using appropriated funds for FY 1996.
EFFECTIVE DATE: July 26, 1996.
SUPPLEMENTARY INFORMATION: On April 26, 1996, the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (``the Act'') was signed
into law. Section 307(a) of the Act was entitled ``Compliance with Buy
American Act.'' The section applied to funds appropriated or
transferred pursuant to the Act for the purchase of any equipment or
product that may be authorized to be purchased with financial
assistance. Section 307(b)(1) expressed the ``sense of the Congress''
that entities receiving the assistance purchase only American-made
equipment and products.
Section 307(b)(2) required that in providing the financial
assistance under the Act, the Secretary shall provide to each recipient
of the assistance a notice describing the requirement. As in prior
years, no other specific guidance was given regarding the
implementation of this requirement.
The Department is revising subpart E of 43 CFR Part 12 to implement
these requirements for awards made using appropriated funds for FY
1996. No specific guidance was provided by Congress, so the Department
decided to continue its implementation of these requirements based upon
the final rule published in the Federal Register on July 19, 1994 (59
FR 36713).
Because of the applicability of different appropriation acts and
the fact that the requirements are different, the notice in paragraph
(b) of Sec. 12.710 has been changed to account for the reference to
language in Public Law 104-134. A separate notice included in paragraph
(c) of Sec. 12.710 has been amended to account for the reference to
language in Public Law 104-46 and its use only for awards made by the
Bureau of Reclamation.
Finding of Good Cause for Waiver of Proposed Rulemaking and for Making
Rule Effective Upon Publication
In accordance with the Administrative Procedure Act (5 U.S.C. 553),
it is usually the practice of the Department to offer interested
parties the opportunity to comment on proposed regulations. However,
the Department waives notice and comment on these regulations under
section 553(b)(B) of the Administrative Procedure Act (5 U.S.C.
553(b)(B)). This section provides that notice and comment for
rulemaking is not required when the agency for good cause finds that
notice and public procedures are impracticable, unnecessary, or
contrary to the public interest.
The Department believes public comment on the revision of this
regulation is unnecessary because the substance of these provisions is
based on statutory requirements governing the award of assistance with
appropriated funds for FY 1996, that the Department is unable to
change.
The Administrative Procedure Act provides that rules be published
at least 30 days prior to their effective date, except as otherwise
provided by an agency on a finding of good cause (5 U.S.C. 553(d)(3)).
In this case, because this requirement is a statutory condition of
expenditure of appropriated funds in this fiscal year, the Department
has determined that the rule must be effective upon publication.
[[Page 39084]]
Executive Order 12866, Paperwork Reduction Act, and Regulatory
Flexibility Act
This rule was not subject to Office of Management and Budget review
under Executive Order 12866.
The Department has determined that this rule will not have a
significant economic impact on small entities since it is anticipated
that no additional costs will be imposed on a substantial number of
small entities as a result of the rule. This rule does not contain a
collection of information subject to the Paperwork Reduction Act of
1980 (44 U.S.C. 3501 et seq.).
Environmental Effects
The Department has determined that this rule does not constitute a
major Federal action having a significant impact on the human
environment under the National Environmental Policy Act of 1969.
List of Subjects in 43 CFR Part 12
Administrative practice and procedure, Contract programs,
Cooperative agreements, Grant programs, Grants administration,
Reporting and recordkeeping requirements.
Dated: July 18, 1996.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management, and Budget.
Title 43 of the Code of Federal Regulations, part 12 is amended as
follows:
PART 12--ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES
FOR ASSISTANCE PROGRAMS
1. The authority citation for part 12 is revised to read as
follows:
Authority: 5 U.S.C. 301; 31 U.S.C. 6101 note, 7501; 41 U.S.C.
252a, 701 et seq; sec. 505, Pub. L. 104-46, 109 Stat. 419; sec. 307,
Pub. L. 104-134, 110 Stat. 1321; E.O. 12549, 3 CFR, 1986 Comp., p.
189; E.O. 12674, 3 CFR, 1989 Comp., 215; E.O. 12689, 3 CFR, 1989
Comp., p. 235; E.O. 12731, 3 CFR, 1990 Comp., p. 306; OMB Circular
A-102; OMB Circular A-110; OMB Circular A-128; and OMB Circular A-
133.
2. Section 12.700 is revised to read as follows:
Sec. 12.700 Scope.
This subpart implements section 307 of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134, 110
Stat. 1321) and section 505 of the Energy and Water Development
Appropriations Act, 1996 (Public Law 104-46, 109 Stat. 419). For awards
made under the authority of section 307(a) of Public Law 104-134, this
subpart requires that no funds made available in the Act may be
expended by an entity unless the entity agrees that in expending the
funds the entity will comply with sections 2 through 4 of the Act of
March 31, 1933 (41 U.S.C. 10a-10c; popularly known as the ``Buy
American Act''). It applies to procurement contracts under grants and
cooperative agreements which provide for the purchase of equipment and
products. Section 505 of Public Law 104-46, 109 Stat. 419, only applies
to awards made by the Bureau of Reclamation. In addition, for these
awards, there is only a requirement that in providing financial
assistance to, or entering into any contract with, any entity using
funds made available in this Act, the Secretary, to the greatest extent
practicable, will provide to the entity a notice describing a statement
within the Act made by Congress. This statement concerns the sense of
the Congress that to the greatest extent practicable, all equipment and
products purchased with funds made available in the Act, should be
American-made. Therefore, for Fiscal Year 1996 awards, only the
requirements in Secs. 12,700 and 12.710 will apply to awards made by
the Bureau of Reclamation.
3. Paragraphs (a), (b), and (c) of Sec. 12.710 are revised to read
as follows:
Sec. 12.710 Policy.
(a) In the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using funds made
available under Public Law 104-134, it is the sense of Congress that
entities receiving the assistance should, in expending the assistance,
purchase only American-made equipment and products.
(b) In awarding financial assistance under Public Law 104-134, 110
Stat. 1321, bureaus and offices excluding the Bureau of Reclamation
will provide to each recipient of the assistance the following notice:
Notice
Pursuant to Sec. 307 of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, Public Law 104-134, 110 Stat. 1321,
please be advised on the following:
In the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that entities
receiving the assistance should, in expending the assistance,
purchase only American-made equipment and products.
(c) In awarding financial assistance using funds made available
under Public Law 104-46, to the greatest extent practicable, the Bureau
of Reclamation will provide to each recipient of the assistance the
following notice:
Notice
Pursuant to Sec. 505 of the Energy and Water Development
Appropriations Act, 1996, Public Law 104-46, 109 Stat. 419, please
be advised of the following:
It is the sense of the Congress, that to the greatest extent
practicable, all equipment and products purchased with funds made
available in this Act should be American-made.
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[FR Doc. 96-19007 Filed 7-25-96; 8:45 am]
BILLING CODE 4310-RF-M
