[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Proposed Rules]
[Pages 42576-42578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19955]
[[Page 42575]]
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Part V
Department of Agriculture
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Cooperative State Research, Education, and Extension Service
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7 CFR Part 3419
Matching Funds Requirement for Formula Funds for Agricultural Research
and Extension Activities at 1890 Land-Grant Institutions, including
Tuskegee University, and at the 1862 Land-Grant Institutions in Insular
Areas; Proposed Rule
Federal Register / Vol. 64, No. 149 / Wednesday, August 4, 1999 /
Proposed Rules
[[Page 42576]]
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DEPARTMENT OF AGRICULTURE
Cooperative State Research, Education, and Extension Service
7 CFR Part 3419
RIN Number: AA24
Matching Funds Requirement for Formula Funds for Agricultural
Research and Extension Activities at 1890 Land-Grant Institutions,
Including Tuskegee University, and at the 1862 Land-Grant Institutions
in Insular Areas
AGENCY: Cooperative State Research, Education, and Extension Service,
USDA.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Cooperative State Research, Education, and Extension
Service (CSREES) proposes to add a new part 3419 to Title 7, Subtitle
B, Chapter XXXIV of the Code of Federal Regulations, for the purpose of
implementing new statutory matching requirements applicable to Federal
agricultural research and extension formula funds for 1890 land-grant
institutions, including Tuskegee University, and to the 1862 land-grant
institutions in the Commonwealth of Puerto Rico and the insular areas
of American Samoa, Guam, Micronesia, Northern Marianas, and the Virgin
Islands.
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 September 3, 1999.
ADDRESSES: Address all comments to CSREES-USDA; Office of Extramural
Programs; Policy and Program Liaison Staff; CSREES/USDA; Mail Stop
2299; 1400 Independence Avenue, S.W.; Washington, D.C. 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, S.W.; Washington, D.C. 20024. Comments may be mailed or
sent electronically to oep@reeusda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Edward M. Wilson, Deputy
Administrator; Plant and Animal Systems; Cooperative State Research,
Education, and Extension Service; U.S. Department of Agriculture; Mail
Stop 2220; 1400 Independence Avenue, SW; Washington, DC 20250-2220; at
202-401-4329, 202-401-4888 (fax) or via electronic mail at
ewilson@reeusda.gov.
SUPPLEMENTARY INFORMATION:
Background and Purpose
This document proposes to add a new part 3419 to Title 7, Subtitle
B, Chapter XXXIV of the Code of Federal Regulations, for the purpose of
implementing the new matching requirements for agricultural research
and extension formula funds authorized for the 1890 land-grant
institutions and Tuskegee University. Section 226 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (AREERA), Pub. L.
105-185, amends Subtitle G of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (NARETPA) by adding a new
section 1449. This section requires matching funds from non-Federal
sources for formula funds authorized under sections 1444 and 1445 of
NARETPA for research and extension activities at the 1890 land-grant
institutions and Tuskegee University.
This proposed rule will also implement the new matching
requirements for the 1862 land-grant institutions in the Commonwealth
of Puerto Rico and the insular areas of American Samoa, Guam,
Micronesia, Northern Marianas, and the Virgin Islands. Section 753(d)
and (e) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999, enacted
in Division A, section 101(a) of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999, Pub. L. 105-277, 112 Stat. 2681-
33 (1999 Agriculture Appropriations Act), amended section 3(d) of the
Hatch Act of 1887 and section 3(e) of the Smith-Lever Act to subject
the 1862 land-grant institutions in the Commonwealth of Puerto Rico and
the insular areas to the same matching requirements as those applicable
to an eligible institution under section 1449 of NARETPA. The
amendments made by section 753 apply by operation of law to American
Samoa, Micronesia, and Northern Marianas by virtue of section 1361(a)
of Pub. L. 96-374, as amended by 9(c) of Pub. L. 99-396, which provides
that any provision of law related to land-grant institutions in the
Virgin Islands or Guam applies to the land-grant institutions in
American Samoa, the Northern Marianas, and the former Trust Territory
of the Pacific Islands, the land-grant institution of which is the
College of Micronesia.
Section 1449 requires that the State make available matching funds
to an 1890 institution out of non-Federal funds. CSREES has determined
that this does not necessarily limit the source of matching funds to
those directly provided by the State as a part of its direct budget or
appropriations process. Accordingly, CSREES has defined ``non-Federal
sources'' to include direct State appropriations and any funds
generated by the 1890 institution or by the 1862 institution in the
Commonwealth of Puerto Rico or in an insular area and made available to
the institution under other authority (other than authority to charge
tuition and fees paid by students) provided by the State. This would
include, for example, gift acceptance or user fee authority.
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 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, 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 proposed rule are listed in the
Catalog of Federal Domestic Assistance under No. 10.205, Payments to
1890 Land-Grant Institutions and Tuskegee University, No. 10.500,
Cooperative Extension Service, and No. 10.203, Payments to Agricultural
Experiment Stations Under the Hatch Act.
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 1995 (44 U.S.C. Chapter 35), the information collection and
recordkeeping requirements that will be imposed in the implementation
of this proposed rule have been submitted to
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OMB for approval. These requirements would not become effective prior
to OMB approval.
Title: Section 1449 Matching Funds Requirement for Research and
Extension Activities at Eligible Institutions.
SUMMARY: The purpose of this collection of information is to
implement the requirements of section 226 of AREERA, which added
section 1449 to NARETPA, and section 753 of the 1999 Agriculture
Appropriations Act. These provisions establish new matching
requirements for the agricultural research and extension formula funds
authorized for the 1890 land-grant institutions, including Tuskegee
University, and to the 1862 land-grant institutions in the Commonwealth
of Puerto Rico and insular areas.
Need for the Information: This information is needed by CSREES to
determine if the matching requirements under section 1449 of NARETPA
have been met by the 1890 land-grant institutions, including Tuskegee
University, and by the 1862 land-grant institutions in insular areas.
CSREES intends to require the eligible institutions to complete Form
CSREES-2103, ``Section 1449 Matching Funds Requirement for Research and
Extension Activities at Eligible Institutions,'' annually.
Respondents: Respondents will be the 17 1890 land-grant
institutions and the six 1862 land-grant institutions in the
Commonwealth of Puerto Rico and the insular areas, which will provide
information to USDA on the amount and source of non-Federal funds made
available by the States, the Commonwealth of Puerto Rico, and the
insular governments to the eligible institutions for agricultural
research, extension, and qualifying educational activities to meet the
matching requirements of section 1449 of NARETPA.
Estimate of Burden: The estimated burden on the respondents for
Form CSREES-2103, ``Section 1449 Matching Funds Requirement for
Research and Extension Activities at Eligible Institutions,'' is
estimated at 3.9 hours per response.
Estimated Number of Respondents: 23.
Estimated Annual Number of Responses: 117.
Estimated Total Annual Burden on Respondents: 456.3 hours.
Frequency of Responses: Annually.
Copies of this information collection can be obtained from Ellen
Danus, Policy and Program Liaison Staff, Office of Extramural Programs,
CSREES, USDA, (202) 401-4325. Email: oep@reeusda.gov.
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 the 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, SW; Washington, DC 20250-2299
by October 4, 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 Part 3419
Agricultural extension, Agricultural research, Colleges and
universities.
For reasons set forth in the preamble, it is proposed to amend
Title 7, Subtitle B, Chapter XXXIV, of the Code of Federal Regulations
by adding part 3419 to read as follows:
PART 3419--MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND
EXTENSION FORMULA FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING
TUSKEGEE UNIVERSITY, AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR
AREAS
Sec.
3419.1 Definitions.
3419.2 Matching funds.
3419.3 Determination of non-Federal sources of funds.
3419.4 Limited waiver authority.
3419.5 Use of Matching Funds.
3419.6 Redistribution of funds.
Authority: 5 U.S.C. 301, 7 U.S.C. 3222d; Sec. 753, Pub. L. 105-
277, 112 Stat. 2681-33
Sec. 3419.1 Definitions.
As used in this part:
Eligible institution means a college or university eligible to
receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.)
(commonly known as the Second Morrill Act), including Tuskegee
University, or a college or university designated under the Act of July
2, 1862 (7 U.S.C. 301, et seq.)(commonly known as the First Morrill
Act) and located in the Commonwealth of Puerto Rico and the insular
areas of American Samoa, Guam, Micronesia, Northern Marianas, and the
Virgin Islands.
Formula funds means agricultural research funds provided to the
eligible institutions under section 1445 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (NARETPA), as
amended, or under section 3 of the Hatch Act of 1887, 7 U.S.C. 361c,
and agricultural extension funds provided to the eligible institutions
under section 1444 of NARETPA or under sections 3(b) and (c) of the
Smith-Lever Act, 7 U.S.C. 343(b) and (c).
Matching funds means funds from non-Federal sources made available
by the State to the eligible institutions:
(1) For programs or activities that fall within the purposes of
agricultural research and cooperative extension under sections 1444 and
1445 of NARETPA, the Hatch Act of 1887, and the Smith-Lever Act; or
(2) For qualifying educational activities. Matching funds means
cash contributions and excludes in-kind matching contributions.
Non-Federal sources means funds made available by the State to the
eligible institution either through direct appropriation or under any
authority (other than authority to charge tuition and fees paid by
students) provided by a State to an eligible institution to raise
revenue, such as gift acceptance authority or user fees.
Qualifying educational activities means programs that address food
and agricultural sciences components of an eligible institution.
Secretary means the Secretary of Agriculture and any other officer
or employee of the Department of Agriculture to whom the authority
involved may be delegated.
State means the government of any one of the fifty States, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of
Northern Marianas, the Virgin Islands of the United States, the
Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia.
Sec. 3419.2 Matching funds.
The distribution of formula funds shall be subject to the following
matching requirements:
(a) For fiscal year 2000, matching funds shall equal not less than
30
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percent of the formula funds to be distributed to the eligible
institution;
(b) For fiscal year 2001, matching funds shall equal not less than
45 percent of the formula funds to be distributed to the eligible
institution; and
(c) For fiscal year 2002 and each fiscal year thereafter, the
matching funds shall equal not less than 50 percent of the formula
funds to be distributed to the eligible institution.
Sec. 3419.3 Determination of non-Federal sources of funds.
(a) Each eligible institution shall submit by September 30, 1999, a
report describing for fiscal year 1999:
(1) The sources of non-Federal funds made available to the eligible
institutions for agricultural research, extension, and qualified
educational activity to meet the matching requirements of section 1449
of NARETPA, as amended; and
(2) The amount of funds generally available from each source.
(b) This report for the fiscal year ending September 30, 1999, may
also include a request for a waiver of the matching funds requirement
for fiscal year 2000. For fiscal year 2000 and thereafter, this report
must be submitted by July 1.
Sec. 3419.4 Limited waiver authority.
(a) The Secretary may waive the matching funds requirement for
fiscal year 2000 for an eligible institution of a State if the
Secretary determines that, based on the report received under
Sec. 3419.3, the State will be unlikely to satisfy the matching
requirement. The criteria to waive the match in fiscal year 2000 may
include:
(1) Natural disaster, flood, fire, tornado, hurricane, or drought;
(2) State and/or institution facing a financial crisis; or
(3) Demonstration of a good faith effort to obtain funds.
(b) Approval or disapproval of the request for a waiver will be
based on the report submitted under Sec. 3419.3. The Secretary may not
waive the matching requirement for any fiscal year other than fiscal
year 2000.
Sec. 3419.5 Use of matching funds.
The required matching funds for the formula programs shall be used
by an eligible institution for agricultural research and extension
activities that have been approved in the plan of work required under
sections 1444(d) and 1445(c) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977, section 7 of the Hatch Act
of 1887, section 4 of the Smith-Lever Act, or for approved qualifying
education activities.
Sec. 3419.6 Redistribution of funds.
All formula funds not matched and reported under Sec. 3419.3 by
July 1 of each fiscal year will be reapportioned to the other eligible
institutions who have satisfied their current fiscal year requirement
for matching funds for the formula funds. Unmatched research and
extension funds will be reapportioned in accordance with the research
and extension statutory distribution formulas applicable to the 1890
and 1862 land-grant institutions, respectively. Any redistribution of
funds shall be subject to the same matching requirement under
Sec. 3419.2.
Done at Washington, D.C., this 29th day of July 1999.
I. Miley Gonzalez,
Under Secretary, Research, Education, and Economics.
[FR Doc. 99-19955 Filed 8-3-99; 8:45 am]
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