Competitive and Noncompetitive Non-Formula Federal Assistance Programs-Specific Administrative Provisions for the Beginning Farmer and Rancher Development Program, 45968-45972 [E9-21256]
Download as PDF
<![CDATA[
45968
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations
DEPARTMENT OF AGRICULTURE
Cooperative State Research,
Education, and Extension Service
7 CFR Part 3430
RIN 0524–AA59
Competitive and Noncompetitive NonFormula Federal Assistance
Programs—Specific Administrative
Provisions for the Beginning Farmer
and Rancher Development Program
Cooperative State Research,
Education, and Extension Service,
USDA.
ACTION: Interim rule and request for
comments.
pwalker on DSK8KYBLC1PROD with RULES2
AGENCY:
SUMMARY: The Cooperative State
Research, Education, and Extension
Service (CSREES) is publishing a set of
specific administrative requirements for
the Beginning Farmer and Rancher
Development Program (BFRDP) to
supplement the Competitive and
Noncompetitive Non-Formula Federal
Assistance Programs—General Award
Administrative Provisions for this
program. The BFRDP is authorized
undersection 7405 of the Farm Security
and Rural Investment Act of 2002, as
amended by section 7410 of the Food,
Conservation, and Energy Act of 2008.
DATES: This interim rule is effective on
September 4, 2009. The Agency must
receive comments on or before
November 3, 2009.
ADDRESSES: You may submit comments,
identified by RIN 0524–AA59, by any of
the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: RFP–OEP@csrees.usda.gov.
Include Regulatory Information Number
(RIN) 0524–AA59 in the subject line of
the message.
Fax: 202–401–7752.
Mail: Paper, disk or CD–ROM
submissions should be submitted to
Cooperative State Research, Education,
and Extension Service; U.S. Department
of Agriculture; STOP 2299; 1400
Independence Avenue, SW.;
Washington, DC 20250–2299.
Hand Delivery/Courier: Cooperative
State Research, Education, and
Extension Service; U.S. Department of
Agriculture; Room 2258, Waterfront
Centre; 800 9th Street, SW.;
Washington, DC 20024.
Instructions: All submissions received
must include the agency name and the
RIN for this rulemaking. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
VerDate Nov<24>2008
17:46 Sep 03, 2009
Jkt 217001
FOR FURTHER INFORMATION CONTACT: Dr.
Siva Sureshwaran, National Program
Leader, Competitive Programs Unit;
Cooperative State Research, Education,
and Extension Service, U.S. Department
of Agriculture, STOP 2240, 1400
Independence Avenue, SW.,
Washington, DC 20250–2240; Voice:
202–2720–7536; Fax: 202–401–6070;
E-mail: ssureshwaran@csrees.usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Summary
Authority
Section 7405 of the Farm Security and
Rural Investment Act of 2002 (FSRIA),
Public Law 107–171 (7 U.S.C. 3319f), as
amended by section 7410 of the Food,
Conservation, and Energy Act of 2008
(FCEA), Public Law 110–246, provided
the authority to the Secretary of
Agriculture (Secretary) to provide
training, education, outreach, and
technical assistance to beginning
farmers or ranchers. The authority to
carry out this program has been
delegated to CSREES through the Under
Secretary for Research, Education, and
Economics.
In carrying out the program, the
Secretary is authorized to make
competitive grants under section
7405(c) of FSRIA to support new and
established local and regional training,
education, outreach, and technical
assistance initiatives that address the
needs of beginning farmers and
ranchers. The Secretary may award a
BFRDP grant to a collaborative State,
tribal, local, or regionally-based network
or partnership of public or private
entities, which may include: A State
cooperative extension service; a Federal,
State, or tribal agency; a communitybased and nongovernmental
organization; a college or university
(including an institution awarding an
associate’s degree) or foundation
maintained by a college or university; or
any other appropriate partner, as
determined by the Secretary. BFRDP
grants shall be awarded to address
needs of beginning farmers and ranchers
in the following areas: Mentoring,
apprenticeships, and internships;
resources and referrals; assisting
beginning farmers or ranchers in
acquiring land from retiring farmers and
ranchers; innovative farm and ranch
transfer strategies; entrepreneurship and
business training; model land leasing
contracts; financial management
training; whole farm planning;
conservation assistance; risk
management education; diversification
and marketing strategies; curriculum
development; understanding the impact
of concentration and globalization; basic
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
livestock and crop farming practices; the
acquisition and management of
agricultural credit; environmental
compliance; information processing;
and other similar subject areas of use to
beginning farmers or ranchers. Pursuant
to FSRIA section 7405(c)(3), these grants
shall not have a term of more than 3
years and shall not be in an amount
greater than $250,000 per year; however,
eligible recipients may receive
consecutive grants. These awards also
are prohibited by statute from
supporting planning, repair,
rehabilitation, acquisition, or
construction of a building or facility. In
addition, not less than 25 percent of
these BFRDP grant funds for a fiscal
year must be used to support programs
and services that address the needs of
limited resource beginning farmers or
ranchers; socially disadvantaged
beginning farmers or ranchers; and
farmworkers desiring to become farmers
or ranchers. All BFRDP grant applicants
are required to provide funds or in-kind
support in an amount that is at least
equal to 25 percent of the Federal funds
requested. In making BFRDP grants,
priority will be given to partnerships
and collaborations that are led by or
include nongovernmental and
community-based organizations with
expertise in new agricultural producer
training and outreach. Geographical
diversity will be ensured to the
maximum extent practicable.
FSRIA section 7405(d) also requires
the Secretary to establish beginning
farmer and rancher education teams to
develop curricula and conduct
educational programs and workshops
for beginning farmers or ranchers in
diverse geographical areas of the United
States. The Secretary is required, in
promoting the development of curricula
and to the maximum extent practicable,
to include modules tailored to specific
audiences of beginning farmers or
ranchers, based on crop or regional
diversity. The Secretary is required to
cooperate, to the maximum extent
practicable, with (1) State cooperative
extension services; (2) Federal and State
agencies; (3) community-based and
nongovernmental organizations; (4)
colleges and universities (including an
institution awarding an associate’s
degree) or foundations maintained by a
college or university; and other
appropriate partners, as determined by
the Secretary.
FSRIA section 7405(e) requires the
Secretary to establish an online
clearinghouse that makes available to
beginning farmers or ranchers education
curricula and training materials and
programs, which may include online
E:\FR\FM\04SER2.SGM
04SER2
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations
pwalker on DSK8KYBLC1PROD with RULES2
courses for direct use by beginning
farmers or ranchers.
For fiscal year (FY) 2009, $18 million
has been made available for the BFRDP,
including administrative costs.
Organization of 7 CFR Part 3430
A primary function of CSREES is the
fair, effective, and efficient
administration of Federal assistance
programs implementing agricultural
research, education, and extension
programs. As noted above, CSREES has
been delegated the authority to
administer this program and will be
issuing Federal assistance awards for
funding made available for this
program; and thus, awards made under
this authority will be subject to the
Agency’s assistance regulations at 7 CFR
part 3430, Competitive and
Noncompetitive Non-formula Federal
Assistance Programs—General Award
Administrative Provisions. The
Agency’s development and publication
of these regulations for its non-formula
Federal assistance programs serve to
enhance its accountability and to
standardize procedures across the
Federal assistance programs it
administers while providing
transparency to the public. CSREES
published 7 CFR part 3430 with
subparts A through F as an interim rule
on August 1, 2008 [73 FR 44897–44909],
and as a final rule September 4, 2009.
These regulations apply to all Federal
assistance programs administered by
CSREES except for the formula grant
programs identified in 7 CFR 3430.1(f),
the Small Business Innovation Research
programs with implementing
regulations at 7 CFR part 3403 and the
Veterinary Medicine Loan Repayment
Program (VMLRP) authorized under
section 1415A of the National
Agricultural Research, Extension, and
Teaching Policy Act of 1977
(NARETPA).
CSREES organized the regulation as
follows: Subparts A through E provide
administrative provisions for all
competitive and noncompetitive nonformula Federal assistance awards.
Subparts F and thereafter apply to
specific CSREES programs.
CSREES is, to the extent practical,
using the following subpart template for
each program authority: (1)
Applicability of regulations, (2)
purpose, (3) definitions (those in
addition to or different from § 3430.2),
(4) eligibility, (5) project types and
priorities, (6) funding restrictions, and
(7) matching requirements. Subparts F
and thereafter contain the above seven
components in this order. Additional
sections may be added for a specific
program if there are additional
VerDate Nov<24>2008
17:46 Sep 03, 2009
Jkt 217001
requirements or a need for additional
rules for the program (e.g., additional
reporting requirements). Through this
rulemaking, CSREES is adding subpart J
for the administrative provisions that
are specific to the BFRDP.
Solicitation of Stakeholder Input and
Development of Subpart J
CSREES published a Federal Register
Notice on September 24, 2008 [73 FR
54987–54988], soliciting written
stakeholder input comments through
November 14, 2008, on the
implementation of the BFRDP, and
announcing a public meeting to solicit
additional input. This public meeting
was held on October 27, 2008, at the
Waterfront Centre in Washington, DC. In
addition, CSREES conducted listening
sessions in Cherry Hill, New Jersey, on
October 6, 2008; Houston, Texas, on
October 6, 2008; and Little Rock,
Arkansas, on October 22, 2008; and
Webinars on October 28, 2008, and
October 30, 2008. Information on the
solicitation of stakeholder input is
available at https://www.csrees.usda.gov/
nea/ag_systems/in_focus/
smallfarm_if_bfrdp.html. All
stakeholder input received has been
made available at https://
www.regulations.gov under
CSREES_FRDOC_0001.
Approximately 50 people attended
the public meeting on October 27, 2008,
from several community-based and
nongovernmental organizations (e.g.,
Land Stewardship Project, Sustainable
Agriculture Coalition, California Farm
Link, New American Sustainable
Agriculture Project, Rural Coalition,
American Farm Bureau, and Center for
Rural Affairs); professional
organizations (e.g., Future Farmers of
America (FFA), National Association of
State Universities and Land-Grant
Colleges (NASULGC), and American
Forest Foundation), colleges and
universities (e.g., Iowa State University),
State and Federal Agencies (USDA
Office of Small Farm Coordination and
Pennsylvania Department of
Agriculture), farms and small businesses
(e.g., Simple Gifts Farm and Custom Ag
Solutions), and others.
To provide more opportunities for
interested stakeholders to participate,
internet based Webinars were held on
October 28, 2008, and October 30, 2008.
CSREES also received several
stakeholder comments through the
advertised call-in number, fax, and email. CSREES considered all the
stakeholder input received from the
public meeting, Webinars, as well as
other written comments in developing
the RFA for this program.
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
45969
Based on stakeholder input, farm
safety, forestry and range management,
and organic and peri-urban farming are
added to the list of priorities in FY
2009. As recommended by stakeholders,
evaluation criteria include emphasis on
past experience in providing education,
training, and mentoring to beginning
farmers and ranchers; direct interaction
with farmers; and definition of target
audience. As requested by the
stakeholders, interaction with FFA and
other young farmer groups and the
Secretary’s Advisory Group on
Beginning Farmers and Ranchers is
encouraged. Following the legislation
and stakeholder recommendations,
priority will be given to projects that are
led by or include community-based
organizations and/or nongovernmental
organizations. In addition, there will be
an ongoing process in evaluating and
implementing suggestions made by
stakeholders into the BFRDP program
and ongoing stakeholder input will be
encouraged and opportunities provided
as the program moves forward.
In subpart J of 7 CFR part 3430,
CSREES is adding sections on
applicability of the regulations, purpose,
definitions, eligibility, project types and
priorities, funding restrictions, matching
requirements, stakeholder input, review
criteria, and other considerations. Under
§ 3430.602, CSREES is adding the
definitions of ‘‘beginning farmer or
rancher,’’ ‘‘clearinghouse,’’ and ‘‘limited
resource beginning farmers or
ranchers.’’ Under § 3430.604, CSREES
clarifies the type of projects that may be
funded under this authority: standard
BFRDP projects and other BFRDP
projects. The legislative requirements of
standard BFRDP projects are found
under FSRIA section 7405(c), and the
legislative requirements for other
BFRDP projects are found under
sections 7405(d) and (e). Standard
BFRDP projects are limited to 3 years
and may not exceed $250,000 per year;
whereas, other BFRDP projects are
limited to 5 years pursuant to section
1472 of NARETPA (7 U.S.C. 3318). Also,
other BFRDP projects are not subject to
the $250,000 per year limitation.
Section 3430.605 on funding restrictions
clarifies that indirect cost costs are
allowed, subject to § 3430.54. Section
3430.606 on matching requirements
states that the matching requirements
apply to both standard BFRDP projects
and other BFRDP projects authorized in
subsections (c), (d), and (e) of FSRIA
section 7405, and that the matching
requirements cannot be waived. Section
3430.606 also provides that the use of
indirect costs as in-kind matching
contributions is subject to § 3430.52.
E:\FR\FM\04SER2.SGM
04SER2
45970
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations
Timeline for Implementing Regulations
CSREES is publishing this rule as
interim with a 60-day comment period
and anticipates a final rule by December
31, 2009. However, in the interim, these
regulations apply to the BFRDP.
II. Administrative Requirements for the
Proposed Rulemaking
Executive Order 12866
This action has been determined to be
not significant for purposes of Executive
Order 12866, and therefore, has not
been formally reviewed by the Office of
Management and Budget. This interim
rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; nor will it materially
alter the budgetary impact of
entitlements, grants, user fees, or loan
programs; nor will it have an annual
effect on the economy of $100 million
or more; nor will it adversely affect the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments or
communities in a material way.
Furthermore, it does not raise a novel
legal or policy issue arising out of legal
mandates, the President’s priorities or
principles set forth in the Executive
Order.
pwalker on DSK8KYBLC1PROD with RULES2
Regulatory Flexibility Act of 1980
This interim rule has been reviewed
in accordance with The Regulatory
Flexibility Act of 1980, as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996, 5
U.S.C. 601–612. The Department
concluded that the rule will not have a
significant economic impact on a
substantial number of small entities.
The rule does not involve regulatory
and informational requirements
regarding businesses, organizations, and
governmental jurisdictions subject to
regulation.
Paperwork Reduction Act (PRA)
The Department certifies that this
interim rule has been assessed in
accordance with the requirements of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. (PRA). The Department
concludes that this interim rule does not
impose any new information
requirements; however, the burden
estimates will increase for existing
approved information collections
associated with this rule due to
additional applicants. These estimates
will be provided to OMB. In addition to
the SF–424 form families (i.e., Research
and Related and Mandatory), SF–272,
Federal Cash Transactions Report, SF–
VerDate Nov<24>2008
17:46 Sep 03, 2009
Jkt 217001
269, Financial Status Reports, and SF–
425, Federal Financial Reports; CSREES
has three currently approved OMB
information collections associated with
this rulemaking: OMB Information
Collection No. 0524–0042, CSREES
Current Research Information System
(CRIS); No. 0524–0041, CSREES
Application Review Process; and No.
0524–0026, Assurance of Compliance
with the Department of Agriculture
Regulations Assuring Civil Rights
Compliance and Organizational
Information.
Catalog of Federal Domestic Assistance
This interim regulation applies to the
Federal assistance program
administered by CSREES under the
Catalog for Federal Domestic Assistance
(CFDA) No. 10.311, Beginning Farmer
and Rancher Development Program.
Unfunded Mandates Reform Act of 1995
and Executive Order 13132
The Department has reviewed this
interim rule in accordance with the
requirements of Executive Order No.
13132 and the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 1501 et
seq., and has found no potential or
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. As there is no
Federal mandate contained herein that
could result in increased expenditures
by State, local, or tribal governments, or
by the private sector, the Department
has not prepared a budgetary impact
statement.
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
The Department has reviewed this
interim rule in accordance with
Executive Order 13175, and has
determined that it does not have ‘‘tribal
implications.’’ The interim rule does not
‘‘have substantial direct effects on one
or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’
Clarity of This Regulation
Executive Order 12866 and the
President’s Memorandum of June 1,
1998, require each agency to write all
rules in plain language. The Department
invites comments on how to make this
interim rule easier to understand.
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
List of Subjects in 7 CFR Part 3430
Administrative practice and
procedure, Agricultural research,
Education, Extension, Federal
assistance.
Accordingly, Title 7 of the Code of
Federal Regulations is amended as set
forth below:
■
PART 3430—COMPETITIVE AND
NONCOMPETITIVE NON-FORMULA
FEDERAL ASSISTANCE PROGRAMS—
GENERAL AWARD ADMINISTRATIVE
PROVSIONS
1. The authority for part 3430
continues to read as follows:
■
Authority: 7 U.S.C. 3316; Pub. L. 106–107
(31 U.S.C. 6101 note).
2. Add a new subpart J, to read as
follows:
■
Subpart J—Beginning Farmer and Rancher
Development Program
Sec.
3430.600 Applicability of regulations.
3430.601 Purpose.
3430.602 Definitions.
3430.603 Eligibility.
3430.604 Project types and priorities.
3430.605 Funding restrictions.
3430.606 Matching requirements.
3430.607 Stakeholder input.
3430.608 Review criteria.
3430.609 Other considerations.
Subpart J—Beginning Farmer and
Rancher Development Program
§ 3430.600
Applicability of regulations.
The regulations in this subpart apply
to the program authorized under section
7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f).
§ 3430.601
Purpose.
The purpose of the Beginning Farmer
and Rancher Development Program
(BFRDP) is to establish a beginning
farmer and rancher development
program that provides local and regional
training, education, outreach, and
technical assistance initiatives for
beginning farmers and ranchers.
§ 3430.602
Definitions.
The definitions applicable to the
program under this subpart include:
Beginning farmer or rancher means a
person that has not operated a farm or
ranch or has operated a farm or ranch
for not more than 10 years, and meets
such other criteria as the Secretary may
establish.
Clearinghouse means an online
repository that will make available to
beginning farmers or ranchers education
curricula and training materials and
programs, and which may include
E:\FR\FM\04SER2.SGM
04SER2
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations
online courses for direct use by
beginning farmers or ranchers.
Limited resource beginning farmers or
ranchers means beginning farmers or
ranchers who have: (1) direct or indirect
gross farm sales not more than the sales
amount established by the USDA
Natural Resources Conservation Service
(NRCS) in each of the previous two
years (in current dollars, adjusted for
inflation each year, based on the
October 2002 Prices Paid by Farmer
Index compiled and updated annually
by the USDA National Agricultural
Statistics Service (NASS), and (2) a total
household income at or below the
National Poverty Level for a family of
four or less than 50 percent of county
median household income in each of
the previous 2 years as determined by
the U.S. Department of Health and
Human Services (DHHS), using the
Census Poverty Data.
§ 3430.603
Eligibility.
To be eligible to receive an award
under this subpart, the recipient shall be
a collaborative State, tribal, local, or
regionally-based network or partnership
of public or private entities, including:
(a) A State cooperative extension
service;
(b) A Federal, State, or tribal agency;
(c) A community-based and
nongovernmental organization;
(d) A college or university (including
a junior college offering an associate’s
degree) or foundation maintained by a
college or university;
(e) A private for-profit organization; or
(f) Any other appropriate partner, as
determined by the Secretary.
pwalker on DSK8KYBLC1PROD with RULES2
§ 3430.604
Project types and priorities.
(a) Standard BFRDP projects. For
standard BFRDP projects, competitive
grants will be awarded to support
programs and services, as appropriate,
relating to the following focus areas and
activities:
(1) Mentoring, apprenticeships, and
internships.
(2) Resources and referral.
(3) Assisting beginning farmers or
ranchers in acquiring land from retiring
farmers and ranchers.
(4) Innovative farm and ranch transfer
strategies.
(5) Entrepreneurship and business
training.
(6) Model land leasing contracts.
(7) Financial management training.
(8) Whole farm planning.
(9) New and emerging issues, facing
farmers and ranchers, including climate
change and changing world markets.
(10) Conservation assistance.
(11) Risk management education.
(12) Diversification and marketing
strategies.
VerDate Nov<24>2008
17:46 Sep 03, 2009
Jkt 217001
(l3) Curriculum development.
(14) Understanding the impact of
concentration and globalization.
(15) Basic livestock and crop farming
practices, forestry and range
management.
(16) Acquisition and management of
agricultural credit.
(17) Environmental compliance.
(18) Information processing.
(19) Other similar subject areas of use
to beginning farmers or ranchers.
CSREES may include additional
activities or focus areas that further
address the critical needs of beginning
farmers and ranchers as defined in this
subpart. Some of these activities or
focus areas may be identified by
stakeholder groups or by CSREES in
response to emerging critical needs of
the Nation’s farmers and ranchers.
(b) Other BFRDP Projects. In addition
to the competitive grants made under
paragraph (a) of this section,
competitive awards (grants or
cooperative agreements) will be made:
(1) to establish beginner farmer and
rancher educational enhancement
projects that develop curricula and
conduct educational programs and
workshops for beginning farmers or
ranchers in diverse geographical areas of
the Unites States; and
(2) to establish and maintain an
online clearinghouse.
§ 3430.605
Funding restrictions.
(a) Facility costs. Funds made
available under this subpart shall not be
used for the planning, repair,
rehabilitation, acquisition, or
construction of a building or facility.
(b) Indirect costs. Subject to
§ 3430.5460, indirect costs are
allowable.
(c) Participation by other farmers and
ranchers. Projects may allow farmers
and ranchers who are not beginning
farmers and ranchers to participate in
the programs funded under this subpart
if their participation is appropriate and
will not detract from the primary
purpose of educating beginning farmers
and ranchers as defined under this
subpart.
§ 3430.606
Matching requirements.
(a) Requirement. Awardees are
required to provide a match in the form
of cash or in-kind contributions in an
amount at least equal to 25 percent of
the Federal funds provided by the
award. The matching funds must be
from non-Federal sources except when
authorized by statute. The matching
requirements under this subpart cannot
be waived.
(b) Indirect costs. Use of indirect costs
as in-kind matching contributions is
subject to § 3430.52.
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
§ 3430.607
45971
Stakeholder input.
CSREES shall seek and obtain
stakeholder input through a variety of
forums (e.g., public meetings, request
for input and/or via Web site), as well
as through a notice in the Federal
Register, from the following entities:
(a) Beginning farmers and ranchers.
(b) National, State, tribal, and local
organizations, community-based
organizations, and other persons with
expertise in operating beginning farmer
and rancher programs.
(c) The Advisory Committee on
Beginning Farmers and Ranchers
established under section 5 of the
Agricultural Credit Improvement Act of
1992 (7 U.S.C. 1929 note; Pub. L. 102–
554).
§ 3430.608
Review criteria.
(a) Evaluation criteria. CSREES shall
evaluate project proposals according to
the following factors:
(1) Relevancy.
(2) Technical merit.
(3) Achievability.
(4) The expertise and track record of
one or more applicants.
(5) The adequacy of plans for the
participatory evaluation process,
outcome-based reporting, and the
communication of findings and results
beyond the immediate target audience.
(6) Other appropriate factors, as
determined by the Secretary.
(b) Partnership and collaboration. In
making awards under this subpart,
CSREES shall give priority to
partnerships and collaborations that are
led by or include nongovernmental and
community-based organizations with
expertise in new agricultural producer
training and outreach.
(c) Regional balance. In making
awards under this subpart, CSREES
shall, to the maximum extent
practicable, ensure geographical
diversity.
§ 3430.609
Other considerations.
(a) Set aside. Each fiscal year, CSREES
shall set aside at least 25 percent of the
funds used to support the standard
BFRDP projects under this subpart to
support programs and services that
address the needs of the following
groups:
(1) Limited resource beginning
farmers or ranchers (as defined in
§ 3430.602).
(2) Socially disadvantaged beginning
farmers or ranchers (as defined in
section 355(e) of the Consolidated Farm
and Rural Development Act (7 U.S.C.
2003(e)).
(3) Farmworkers desiring to become
farmers or ranchers.
(b) Consecutive awards. An eligible
recipient may receive a consecutive
E:\FR\FM\04SER2.SGM
04SER2
45972
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations
Cooperative State Research,
Education, and Extension Service
Fax: 202–401–7752.
Mail: Paper, disk or CD–ROM
submissions should be submitted to
Cooperative State Research, Education,
and Extension Service; U.S. Department
of Agriculture; STOP 2299; 1400
Independence Avenue, SW.;
Washington, DC 20250–2299.
Hand Delivery/Courier: Cooperative
State Research, Education, and
Extension Service; U.S. Department of
Agriculture; Room 2258, Waterfront
Centre; 800 9th Street, SW.;
Washington, DC 20024.
Instructions: All submissions received
must include the agency name and the
RIN for this rulemaking. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT: Greg
Smith, National Program Leader, Higher
Education Programs, Science and
Education Resources Development;
Voice: 202–720–2067; E-mail:
gsmith@csrees.usda.gov.
SUPPLEMENTARY INFORMATION:
7 CFR Part 3430
I. Background and Summary
RIN 0524–AA60
Authority
Section 1405 of the National
Agricultural Research, Extension, and
Teaching Policy Act (NARETPA) of
1997, as amended (7 U.S.C. 3121)
designates the U.S. Department of
Agriculture (USDA) as the lead Federal
agency for agriculture research,
extension and teaching in the food and
agricultural sciences. Section 1473E of
NARETPA (7 U.S.C. 3319e), as
amended, requires the establishment of
a program to be known as the New Era
Rural Technology Competitive Grants
Program (RTP), which CSREES
administers.
In carrying out the program, the
Secretary is authorized to make
competitive grants to support the fields
of (i) bioenergy, (ii) pulp and paper
manufacturing, and (iii) agriculturebased renewable energy resources, in
order to help ensure workforce
opportunities critical to rural
communities. RTP will make grants
available to community college(s) and/
or advanced technology center(s),
located in rural areas, for technology
development, applied research, and/or
training.
For fiscal year (FY) 2009, $750,000
has been made available for the RTP,
including administrative costs.
grant for a standard BFRDP project
under this subpart.
(c) Duration of awards. The term of a
grant for a standard BFRDP project
under this subpart shall not exceed 3
years. Awards for all other projects
under this subpart shall not exceed 5
years. No-cost extensions of time
beyond the maximum award terms will
not be considered or granted.
(d) Amount of grants. A grant for a
standard BFRDP project under this
subpart shall not be in an amount that
is more than $250,000 for each year.
Signed at Washington, DC, on August 28,
2009.
Colien Hefferan,
Administrator, Cooperative State Research,
Education, and Extension Service.
[FR Doc. E9–21256 Filed 9–3–09; 8:45 am]
BILLING CODE 3410–22–P
DEPARTMENT OF AGRICULTURE
Competitive and Noncompetitive NonFormula Federal Assistance
Programs—Specific Administrative
Provisions for the New Era Rural
Technology Competitive Grants
Program
pwalker on DSK8KYBLC1PROD with RULES2
AGENCY: Cooperative State Research,
Education, and Extension Service,
USDA.
ACTION: Interim rule and request for
comments.
SUMMARY: The Cooperative State
Research, Education, and Extension
Service (CSREES) is publishing a set of
specific administrative requirements for
the New Era Rural Technology
Competitive Grants Program (RTP) to
supplement the Competitive and
Noncompetitive Non-formula Federal
Assistance Programs—General Award
Administrative Provisions for this
program.
DATES: This interim rule is effective on
September 4, 2009. The Agency must
receive comments on or before January
4, 2010.
ADDRESSES: You may submit comments,
identified by RIN 0524–AA60, by any of
the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: RFP-OEP@csrees.usda.gov.
Include Regulatory Information Number
(RIN) 0524–AA60 in the subject line of
the message.
VerDate Nov<24>2008
17:46 Sep 03, 2009
Jkt 217001
Organization of 7 CFR Part 3430
A primary function of CSREES is the
fair, effective, and efficient
administration of Federal assistance
programs implementing agricultural
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
research, education, and extension
programs. As noted above, CSREES has
been delegated the authority to
administer this program and will be
issuing Federal assistance awards for
funding made available for this
program; and thus, awards made under
this authority will be subject to the
Agency’s assistance regulations at 7 CFR
part 3430, Competitive and
Noncompetitive Non-formula Federal
Assistance Programs—General Award
Administrative Provisions. The
Agency’s development and publication
of these regulations for its non-formula
Federal assistance programs serve to
enhance its accountability and to
standardize procedures across the
Federal assistance programs it
administers while providing
transparency to the public. CSREES
published 7 CFR part 3430 with
subparts A through F as an interim rule
on August 1, 2008 [73 FR 44897–44909],
and adopted as a final rule September
4, 2009. These regulations apply to all
Federal assistance programs
administered by CSREES except for the
formula grant programs identified in 7
CFR 3430.1(f), the Small Business
Innovation Research programs with
implementing regulations at 7 CFR part
3403, and the Veterinary Medicine Loan
Repayment Program (VMLRP)
authorized under section 1415A of the
National Agricultural Research,
Extension, and Teaching Policy Act of
1977 (NARETPA).
CSREES organized the regulation as
follows: Subparts A through E provide
administrative provisions for all
competitive and noncompetitive nonformula Federal assistance awards.
Subparts F and thereafter apply to
specific CSREES programs.
CSREES is, to the extent practical,
using the following subpart template for
each program authority: (1)
Applicability of regulations, (2)
purpose, (3) definitions (those in
addition to or different from § 3430.2),
(4) eligibility, (5) project types and
priorities, (6) funding restrictions
(including indirect costs), and (7)
matching requirements. Subparts F and
thereafter contain the above seven
components in this order. Additional
sections may be added for a specific
program if there are additional
requirements or a need for additional
rules for the program (e.g., additional
reporting requirements). Through this
rulemaking, CSREES is adding subpart
M for the administrative provisions that
are specific to the RTP.
Timeline for Implementing Regulations
CSREES is publishing this rule as an
interim rule with a 120-day comment
E:\FR\FM\04SER2.SGM
04SER2
]]>Agencies
[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Rules and Regulations]
[Pages 45968-45972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21256]
[[Page 45967]]
-----------------------------------------------------------------------
Part III
Department of Agriculture
-----------------------------------------------------------------------
Cooperative State Research, Education, and Extension Service
-----------------------------------------------------------------------
7 CFR Part 3430
Competitive and Noncompetitive Non-Formula Federal Assistance
Programs--Specific Administrative Provisions for the Beginning Farmer
and Rancher Development and the New Era Rural Technology Competitive
Grants Programs; Interim Rules
Federal Register / Vol. 74 , No. 171 / Friday, September 4, 2009 /
Rules and Regulations
[[Page 45968]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Cooperative State Research, Education, and Extension Service
7 CFR Part 3430
RIN 0524-AA59
Competitive and Noncompetitive Non-Formula Federal Assistance
Programs--Specific Administrative Provisions for the Beginning Farmer
and Rancher Development Program
AGENCY: Cooperative State Research, Education, and Extension Service,
USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Cooperative State Research, Education, and Extension
Service (CSREES) is publishing a set of specific administrative
requirements for the Beginning Farmer and Rancher Development Program
(BFRDP) to supplement the Competitive and Noncompetitive Non-Formula
Federal Assistance Programs--General Award Administrative Provisions
for this program. The BFRDP is authorized undersection 7405 of the Farm
Security and Rural Investment Act of 2002, as amended by section 7410
of the Food, Conservation, and Energy Act of 2008.
DATES: This interim rule is effective on September 4, 2009. The Agency
must receive comments on or before November 3, 2009.
ADDRESSES: You may submit comments, identified by RIN 0524-AA59, by any
of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: RFP-OEP@csrees.usda.gov. Include Regulatory Information
Number (RIN) 0524-AA59 in the subject line of the message.
Fax: 202-401-7752.
Mail: Paper, disk or CD-ROM submissions should be submitted to
Cooperative State Research, Education, and Extension Service; U.S.
Department of Agriculture; STOP 2299; 1400 Independence Avenue, SW.;
Washington, DC 20250-2299.
Hand Delivery/Courier: Cooperative State Research, Education, and
Extension Service; U.S. Department of Agriculture; Room 2258,
Waterfront Centre; 800 9th Street, SW.; Washington, DC 20024.
Instructions: All submissions received must include the agency name
and the RIN for this rulemaking. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Dr. Siva Sureshwaran, National Program
Leader, Competitive Programs Unit; Cooperative State Research,
Education, and Extension Service, U.S. Department of Agriculture, STOP
2240, 1400 Independence Avenue, SW., Washington, DC 20250-2240; Voice:
202-2720-7536; Fax: 202-401-6070; E-mail: ssureshwaran@csrees.usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Summary
Authority
Section 7405 of the Farm Security and Rural Investment Act of 2002
(FSRIA), Public Law 107-171 (7 U.S.C. 3319f), as amended by section
7410 of the Food, Conservation, and Energy Act of 2008 (FCEA), Public
Law 110-246, provided the authority to the Secretary of Agriculture
(Secretary) to provide training, education, outreach, and technical
assistance to beginning farmers or ranchers. The authority to carry out
this program has been delegated to CSREES through the Under Secretary
for Research, Education, and Economics.
In carrying out the program, the Secretary is authorized to make
competitive grants under section 7405(c) of FSRIA to support new and
established local and regional training, education, outreach, and
technical assistance initiatives that address the needs of beginning
farmers and ranchers. The Secretary may award a BFRDP grant to a
collaborative State, tribal, local, or regionally-based network or
partnership of public or private entities, which may include: A State
cooperative extension service; a Federal, State, or tribal agency; a
community-based and nongovernmental organization; a college or
university (including an institution awarding an associate's degree) or
foundation maintained by a college or university; or any other
appropriate partner, as determined by the Secretary. BFRDP grants shall
be awarded to address needs of beginning farmers and ranchers in the
following areas: Mentoring, apprenticeships, and internships; resources
and referrals; assisting beginning farmers or ranchers in acquiring
land from retiring farmers and ranchers; innovative farm and ranch
transfer strategies; entrepreneurship and business training; model land
leasing contracts; financial management training; whole farm planning;
conservation assistance; risk management education; diversification and
marketing strategies; curriculum development; understanding the impact
of concentration and globalization; basic livestock and crop farming
practices; the acquisition and management of agricultural credit;
environmental compliance; information processing; and other similar
subject areas of use to beginning farmers or ranchers. Pursuant to
FSRIA section 7405(c)(3), these grants shall not have a term of more
than 3 years and shall not be in an amount greater than $250,000 per
year; however, eligible recipients may receive consecutive grants.
These awards also are prohibited by statute from supporting planning,
repair, rehabilitation, acquisition, or construction of a building or
facility. In addition, not less than 25 percent of these BFRDP grant
funds for a fiscal year must be used to support programs and services
that address the needs of limited resource beginning farmers or
ranchers; socially disadvantaged beginning farmers or ranchers; and
farmworkers desiring to become farmers or ranchers. All BFRDP grant
applicants are required to provide funds or in-kind support in an
amount that is at least equal to 25 percent of the Federal funds
requested. In making BFRDP grants, priority will be given to
partnerships and collaborations that are led by or include
nongovernmental and community-based organizations with expertise in new
agricultural producer training and outreach. Geographical diversity
will be ensured to the maximum extent practicable.
FSRIA section 7405(d) also requires the Secretary to establish
beginning farmer and rancher education teams to develop curricula and
conduct educational programs and workshops for beginning farmers or
ranchers in diverse geographical areas of the United States. The
Secretary is required, in promoting the development of curricula and to
the maximum extent practicable, to include modules tailored to specific
audiences of beginning farmers or ranchers, based on crop or regional
diversity. The Secretary is required to cooperate, to the maximum
extent practicable, with (1) State cooperative extension services; (2)
Federal and State agencies; (3) community-based and nongovernmental
organizations; (4) colleges and universities (including an institution
awarding an associate's degree) or foundations maintained by a college
or university; and other appropriate partners, as determined by the
Secretary.
FSRIA section 7405(e) requires the Secretary to establish an online
clearinghouse that makes available to beginning farmers or ranchers
education curricula and training materials and programs, which may
include online
[[Page 45969]]
courses for direct use by beginning farmers or ranchers.
For fiscal year (FY) 2009, $18 million has been made available for
the BFRDP, including administrative costs.
Organization of 7 CFR Part 3430
A primary function of CSREES is the fair, effective, and efficient
administration of Federal assistance programs implementing agricultural
research, education, and extension programs. As noted above, CSREES has
been delegated the authority to administer this program and will be
issuing Federal assistance awards for funding made available for this
program; and thus, awards made under this authority will be subject to
the Agency's assistance regulations at 7 CFR part 3430, Competitive and
Noncompetitive Non-formula Federal Assistance Programs--General Award
Administrative Provisions. The Agency's development and publication of
these regulations for its non-formula Federal assistance programs serve
to enhance its accountability and to standardize procedures across the
Federal assistance programs it administers while providing transparency
to the public. CSREES published 7 CFR part 3430 with subparts A through
F as an interim rule on August 1, 2008 [73 FR 44897-44909], and as a
final rule September 4, 2009. These regulations apply to all Federal
assistance programs administered by CSREES except for the formula grant
programs identified in 7 CFR 3430.1(f), the Small Business Innovation
Research programs with implementing regulations at 7 CFR part 3403 and
the Veterinary Medicine Loan Repayment Program (VMLRP) authorized under
section 1415A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (NARETPA).
CSREES organized the regulation as follows: Subparts A through E
provide administrative provisions for all competitive and
noncompetitive non-formula Federal assistance awards. Subparts F and
thereafter apply to specific CSREES programs.
CSREES is, to the extent practical, using the following subpart
template for each program authority: (1) Applicability of regulations,
(2) purpose, (3) definitions (those in addition to or different from
Sec. 3430.2), (4) eligibility, (5) project types and priorities, (6)
funding restrictions, and (7) matching requirements. Subparts F and
thereafter contain the above seven components in this order. Additional
sections may be added for a specific program if there are additional
requirements or a need for additional rules for the program (e.g.,
additional reporting requirements). Through this rulemaking, CSREES is
adding subpart J for the administrative provisions that are specific to
the BFRDP.
Solicitation of Stakeholder Input and Development of Subpart J
CSREES published a Federal Register Notice on September 24, 2008
[73 FR 54987-54988], soliciting written stakeholder input comments
through November 14, 2008, on the implementation of the BFRDP, and
announcing a public meeting to solicit additional input. This public
meeting was held on October 27, 2008, at the Waterfront Centre in
Washington, DC. In addition, CSREES conducted listening sessions in
Cherry Hill, New Jersey, on October 6, 2008; Houston, Texas, on October
6, 2008; and Little Rock, Arkansas, on October 22, 2008; and Webinars
on October 28, 2008, and October 30, 2008. Information on the
solicitation of stakeholder input is available at https://www.csrees.usda.gov/nea/ag_systems/in_focus/smallfarm_if_bfrdp.html. All stakeholder input received has been made available at
https://www.regulations.gov under CSREES--FRDOC--0001.
Approximately 50 people attended the public meeting on October 27,
2008, from several community-based and nongovernmental organizations
(e.g., Land Stewardship Project, Sustainable Agriculture Coalition,
California Farm Link, New American Sustainable Agriculture Project,
Rural Coalition, American Farm Bureau, and Center for Rural Affairs);
professional organizations (e.g., Future Farmers of America (FFA),
National Association of State Universities and Land-Grant Colleges
(NASULGC), and American Forest Foundation), colleges and universities
(e.g., Iowa State University), State and Federal Agencies (USDA Office
of Small Farm Coordination and Pennsylvania Department of Agriculture),
farms and small businesses (e.g., Simple Gifts Farm and Custom Ag
Solutions), and others.
To provide more opportunities for interested stakeholders to
participate, internet based Webinars were held on October 28, 2008, and
October 30, 2008. CSREES also received several stakeholder comments
through the advertised call-in number, fax, and e-mail. CSREES
considered all the stakeholder input received from the public meeting,
Webinars, as well as other written comments in developing the RFA for
this program.
Based on stakeholder input, farm safety, forestry and range
management, and organic and peri-urban farming are added to the list of
priorities in FY 2009. As recommended by stakeholders, evaluation
criteria include emphasis on past experience in providing education,
training, and mentoring to beginning farmers and ranchers; direct
interaction with farmers; and definition of target audience. As
requested by the stakeholders, interaction with FFA and other young
farmer groups and the Secretary's Advisory Group on Beginning Farmers
and Ranchers is encouraged. Following the legislation and stakeholder
recommendations, priority will be given to projects that are led by or
include community-based organizations and/or nongovernmental
organizations. In addition, there will be an ongoing process in
evaluating and implementing suggestions made by stakeholders into the
BFRDP program and ongoing stakeholder input will be encouraged and
opportunities provided as the program moves forward.
In subpart J of 7 CFR part 3430, CSREES is adding sections on
applicability of the regulations, purpose, definitions, eligibility,
project types and priorities, funding restrictions, matching
requirements, stakeholder input, review criteria, and other
considerations. Under Sec. 3430.602, CSREES is adding the definitions
of ``beginning farmer or rancher,'' ``clearinghouse,'' and ``limited
resource beginning farmers or ranchers.'' Under Sec. 3430.604, CSREES
clarifies the type of projects that may be funded under this authority:
standard BFRDP projects and other BFRDP projects. The legislative
requirements of standard BFRDP projects are found under FSRIA section
7405(c), and the legislative requirements for other BFRDP projects are
found under sections 7405(d) and (e). Standard BFRDP projects are
limited to 3 years and may not exceed $250,000 per year; whereas, other
BFRDP projects are limited to 5 years pursuant to section 1472 of
NARETPA (7 U.S.C. 3318). Also, other BFRDP projects are not subject to
the $250,000 per year limitation. Section 3430.605 on funding
restrictions clarifies that indirect cost costs are allowed, subject to
Sec. 3430.54. Section 3430.606 on matching requirements states that
the matching requirements apply to both standard BFRDP projects and
other BFRDP projects authorized in subsections (c), (d), and (e) of
FSRIA section 7405, and that the matching requirements cannot be
waived. Section 3430.606 also provides that the use of indirect costs
as in-kind matching contributions is subject to Sec. 3430.52.
[[Page 45970]]
Timeline for Implementing Regulations
CSREES is publishing this rule as interim with a 60-day comment
period and anticipates a final rule by December 31, 2009. However, in
the interim, these regulations apply to the BFRDP.
II. Administrative Requirements for the Proposed Rulemaking
Executive Order 12866
This action has been determined to be not significant for purposes
of Executive Order 12866, and therefore, has not been formally reviewed
by the Office of Management and Budget. This interim rule will not
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; nor will it materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs;
nor will it have an annual effect on the economy of $100 million or
more; nor will it adversely affect the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities
in a material way. Furthermore, it does not raise a novel legal or
policy issue arising out of legal mandates, the President's priorities
or principles set forth in the Executive Order.
Regulatory Flexibility Act of 1980
This interim rule has been reviewed in accordance with The
Regulatory Flexibility Act of 1980, as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612. The
Department concluded that the rule will not have a significant economic
impact on a substantial number of small entities. The rule does not
involve regulatory and informational requirements regarding businesses,
organizations, and governmental jurisdictions subject to regulation.
Paperwork Reduction Act (PRA)
The Department certifies that this interim rule has been assessed
in accordance with the requirements of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. (PRA). The Department concludes that this interim
rule does not impose any new information requirements; however, the
burden estimates will increase for existing approved information
collections associated with this rule due to additional applicants.
These estimates will be provided to OMB. In addition to the SF-424 form
families (i.e., Research and Related and Mandatory), SF-272, Federal
Cash Transactions Report, SF-269, Financial Status Reports, and SF-425,
Federal Financial Reports; CSREES has three currently approved OMB
information collections associated with this rulemaking: OMB
Information Collection No. 0524-0042, CSREES Current Research
Information System (CRIS); No. 0524-0041, CSREES Application Review
Process; and No. 0524-0026, Assurance of Compliance with the Department
of Agriculture Regulations Assuring Civil Rights Compliance and
Organizational Information.
Catalog of Federal Domestic Assistance
This interim regulation applies to the Federal assistance program
administered by CSREES under the Catalog for Federal Domestic
Assistance (CFDA) No. 10.311, Beginning Farmer and Rancher Development
Program.
Unfunded Mandates Reform Act of 1995 and Executive Order 13132
The Department has reviewed this interim rule in accordance with
the requirements of Executive Order No. 13132 and the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 1501 et seq., and has found no potential
or substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
As there is no Federal mandate contained herein that could result in
increased expenditures by State, local, or tribal governments, or by
the private sector, the Department has not prepared a budgetary impact
statement.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
The Department has reviewed this interim rule in accordance with
Executive Order 13175, and has determined that it does not have
``tribal implications.'' The interim rule does not ``have substantial
direct effects on one or more Indian tribes, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes.''
Clarity of This Regulation
Executive Order 12866 and the President's Memorandum of June 1,
1998, require each agency to write all rules in plain language. The
Department invites comments on how to make this interim rule easier to
understand.
List of Subjects in 7 CFR Part 3430
Administrative practice and procedure, Agricultural research,
Education, Extension, Federal assistance.
0
Accordingly, Title 7 of the Code of Federal Regulations is amended as
set forth below:
PART 3430--COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL
ASSISTANCE PROGRAMS--GENERAL AWARD ADMINISTRATIVE PROVSIONS
0
1. The authority for part 3430 continues to read as follows:
Authority: 7 U.S.C. 3316; Pub. L. 106-107 (31 U.S.C. 6101
note).
0
2. Add a new subpart J, to read as follows:
Subpart J--Beginning Farmer and Rancher Development Program
Sec.
3430.600 Applicability of regulations.
3430.601 Purpose.
3430.602 Definitions.
3430.603 Eligibility.
3430.604 Project types and priorities.
3430.605 Funding restrictions.
3430.606 Matching requirements.
3430.607 Stakeholder input.
3430.608 Review criteria.
3430.609 Other considerations.
Subpart J--Beginning Farmer and Rancher Development Program
Sec. 3430.600 Applicability of regulations.
The regulations in this subpart apply to the program authorized
under section 7405 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3319f).
Sec. 3430.601 Purpose.
The purpose of the Beginning Farmer and Rancher Development Program
(BFRDP) is to establish a beginning farmer and rancher development
program that provides local and regional training, education, outreach,
and technical assistance initiatives for beginning farmers and
ranchers.
Sec. 3430.602 Definitions.
The definitions applicable to the program under this subpart
include:
Beginning farmer or rancher means a person that has not operated a
farm or ranch or has operated a farm or ranch for not more than 10
years, and meets such other criteria as the Secretary may establish.
Clearinghouse means an online repository that will make available
to beginning farmers or ranchers education curricula and training
materials and programs, and which may include
[[Page 45971]]
online courses for direct use by beginning farmers or ranchers.
Limited resource beginning farmers or ranchers means beginning
farmers or ranchers who have: (1) direct or indirect gross farm sales
not more than the sales amount established by the USDA Natural
Resources Conservation Service (NRCS) in each of the previous two years
(in current dollars, adjusted for inflation each year, based on the
October 2002 Prices Paid by Farmer Index compiled and updated annually
by the USDA National Agricultural Statistics Service (NASS), and (2) a
total household income at or below the National Poverty Level for a
family of four or less than 50 percent of county median household
income in each of the previous 2 years as determined by the U.S.
Department of Health and Human Services (DHHS), using the Census
Poverty Data.
Sec. 3430.603 Eligibility.
To be eligible to receive an award under this subpart, the
recipient shall be a collaborative State, tribal, local, or regionally-
based network or partnership of public or private entities, including:
(a) A State cooperative extension service;
(b) A Federal, State, or tribal agency;
(c) A community-based and nongovernmental organization;
(d) A college or university (including a junior college offering an
associate's degree) or foundation maintained by a college or
university;
(e) A private for-profit organization; or
(f) Any other appropriate partner, as determined by the Secretary.
Sec. 3430.604 Project types and priorities.
(a) Standard BFRDP projects. For standard BFRDP projects,
competitive grants will be awarded to support programs and services, as
appropriate, relating to the following focus areas and activities:
(1) Mentoring, apprenticeships, and internships.
(2) Resources and referral.
(3) Assisting beginning farmers or ranchers in acquiring land from
retiring farmers and ranchers.
(4) Innovative farm and ranch transfer strategies.
(5) Entrepreneurship and business training.
(6) Model land leasing contracts.
(7) Financial management training.
(8) Whole farm planning.
(9) New and emerging issues, facing farmers and ranchers, including
climate change and changing world markets.
(10) Conservation assistance.
(11) Risk management education.
(12) Diversification and marketing strategies.
(l3) Curriculum development.
(14) Understanding the impact of concentration and globalization.
(15) Basic livestock and crop farming practices, forestry and range
management.
(16) Acquisition and management of agricultural credit.
(17) Environmental compliance.
(18) Information processing.
(19) Other similar subject areas of use to beginning farmers or
ranchers.
CSREES may include additional activities or focus areas that
further address the critical needs of beginning farmers and ranchers as
defined in this subpart. Some of these activities or focus areas may be
identified by stakeholder groups or by CSREES in response to emerging
critical needs of the Nation's farmers and ranchers.
(b) Other BFRDP Projects. In addition to the competitive grants
made under paragraph (a) of this section, competitive awards (grants or
cooperative agreements) will be made:
(1) to establish beginner farmer and rancher educational
enhancement projects that develop curricula and conduct educational
programs and workshops for beginning farmers or ranchers in diverse
geographical areas of the Unites States; and
(2) to establish and maintain an online clearinghouse.
Sec. 3430.605 Funding restrictions.
(a) Facility costs. Funds made available under this subpart shall
not be used for the planning, repair, rehabilitation, acquisition, or
construction of a building or facility.
(b) Indirect costs. Subject to Sec. 3430.5460, indirect costs are
allowable.
(c) Participation by other farmers and ranchers. Projects may allow
farmers and ranchers who are not beginning farmers and ranchers to
participate in the programs funded under this subpart if their
participation is appropriate and will not detract from the primary
purpose of educating beginning farmers and ranchers as defined under
this subpart.
Sec. 3430.606 Matching requirements.
(a) Requirement. Awardees are required to provide a match in the
form of cash or in-kind contributions in an amount at least equal to 25
percent of the Federal funds provided by the award. The matching funds
must be from non-Federal sources except when authorized by statute. The
matching requirements under this subpart cannot be waived.
(b) Indirect costs. Use of indirect costs as in-kind matching
contributions is subject to Sec. 3430.52.
Sec. 3430.607 Stakeholder input.
CSREES shall seek and obtain stakeholder input through a variety of
forums (e.g., public meetings, request for input and/or via Web site),
as well as through a notice in the Federal Register, from the following
entities:
(a) Beginning farmers and ranchers.
(b) National, State, tribal, and local organizations, community-
based organizations, and other persons with expertise in operating
beginning farmer and rancher programs.
(c) The Advisory Committee on Beginning Farmers and Ranchers
established under section 5 of the Agricultural Credit Improvement Act
of 1992 (7 U.S.C. 1929 note; Pub. L. 102-554).
Sec. 3430.608 Review criteria.
(a) Evaluation criteria. CSREES shall evaluate project proposals
according to the following factors:
(1) Relevancy.
(2) Technical merit.
(3) Achievability.
(4) The expertise and track record of one or more applicants.
(5) The adequacy of plans for the participatory evaluation process,
outcome-based reporting, and the communication of findings and results
beyond the immediate target audience.
(6) Other appropriate factors, as determined by the Secretary.
(b) Partnership and collaboration. In making awards under this
subpart, CSREES shall give priority to partnerships and collaborations
that are led by or include nongovernmental and community-based
organizations with expertise in new agricultural producer training and
outreach.
(c) Regional balance. In making awards under this subpart, CSREES
shall, to the maximum extent practicable, ensure geographical
diversity.
Sec. 3430.609 Other considerations.
(a) Set aside. Each fiscal year, CSREES shall set aside at least 25
percent of the funds used to support the standard BFRDP projects under
this subpart to support programs and services that address the needs of
the following groups:
(1) Limited resource beginning farmers or ranchers (as defined in
Sec. 3430.602).
(2) Socially disadvantaged beginning farmers or ranchers (as
defined in section 355(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2003(e)).
(3) Farmworkers desiring to become farmers or ranchers.
(b) Consecutive awards. An eligible recipient may receive a
consecutive
[[Page 45972]]
grant for a standard BFRDP project under this subpart.
(c) Duration of awards. The term of a grant for a standard BFRDP
project under this subpart shall not exceed 3 years. Awards for all
other projects under this subpart shall not exceed 5 years. No-cost
extensions of time beyond the maximum award terms will not be
considered or granted.
(d) Amount of grants. A grant for a standard BFRDP project under
this subpart shall not be in an amount that is more than $250,000 for
each year.
Signed at Washington, DC, on August 28, 2009.
Colien Hefferan,
Administrator, Cooperative State Research, Education, and Extension
Service.
[FR Doc. E9-21256 Filed 9-3-09; 8:45 am]
BILLING CODE 3410-22-P
