Competitive and Noncompetitive Nonformula Federal Assistance Programs-Administrative Provisions for the Sun Grant Program, 70578-70582 [2010-29103]
Download as PDF
70578
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
(4) Number of invalid ballots.
§ 1221.229
FSA county office report.
The county FSA office report shall be
certified as accurate and complete by
the CED or designee, acting on behalf of
the Administrator, AMS, as soon as may
be reasonably possible, but in no event
shall submit no later than the 18th
business day following the final day of
the specified period. Each county FSA
office shall transmit the results in its
county to the FSA State office. The
results in each county may be made
available to the public upon notification
by the Administrator, FSA, that the final
results have been released by the
Secretary. A copy of the report shall be
posted for 30 calendar days following
the date of notification by the
Administrator, FSA, in the county FSA
office in a conspicuous place accessible
to the public. One copy shall be kept on
file in the county FSA office for a period
of at least 12 months after notification
by FSA that the final results have been
released by the Secretary.
§ 1221.230
FSA State office report.
Each FSA State office shall transmit to
the Administrator, FSA, as soon as
possible, but in no event later than the
20th business day following the final
day of the voting period, a report
summarizing the data contained in each
of the reports from the county FSA
offices. One copy of the State summary
shall be filed for a period of not less
than 12 months after the results have
been released and available for public
inspection after the results have been
released.
jdjones on DSK8KYBLC1PROD with RULES
§ 1221.231
Results of the referendum.
(a) The Administrator, FSA, shall
submit to the Administrator, AMS,
reports from all State FSA offices. The
Administrator, AMS shall tabulate the
results of the ballots. USDA will issue
an official press release announcing the
results of referendum and publish the
same results in the Federal Register. In
addition, USDA will post the official
results on its Web site. State reports and
related papers shall be available for
public inspection upon request during
normal business hours at the Marketing
Programs Branch; Livestock and Seed
Program, AMS, USDA, Room 2628–S;
STOP 0251; 1400 Independence
Avenue, SW., Washington, DC.
(b) If the Secretary deems necessary,
a State report or county report shall be
reexamined and checked by such
persons who may be designated by the
Secretary.
§ 1221.232
Disposition of records.
Each FSA CED will place in sealed
containers marked with the
VerDate Mar<15>2010
13:21 Nov 17, 2010
Jkt 223001
identification of the ‘‘Sorghum Checkoff
Program Referendum,’’ all of the Forms
LS–379 along with the accompanying
documentation and county summaries.
Such records will be placed in a secure
location under the custody of FSA CED
for a period of not less than 12 months
after the date of notification by the
Administrator, FSA, that the final
results have been announced by the
Secretary. If the county FSA office
receives no notice to the contrary from
the Administrator, FSA, by the end of
the 12 month period as described above,
the CED or designee shall destroy the
records.
§ 1221.233
Instructions and forms.
The Administrator, AMS, is
authorized to prescribe additional
instructions and forms not inconsistent
with the provisions of this subpart.
§ 1221.234
Confidentiality
The names of persons voting in the
referendum and ballots shall be
confidential and the contents of the
ballots shall not be divulged except as
the Secretary may direct. The public
may witness the opening of the ballot
box and the counting of the votes but
may not interfere with the process.
Dated: November 10, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–29106 Filed 11–17–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
National Institute of Food and
Agriculture
7 CFR Part 3430
[0524–AA64]
Competitive and Noncompetitive
Nonformula Federal Assistance
Programs—Administrative Provisions
for the Sun Grant Program
National Institute of Food and
Agriculture, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
The National Institute of Food
and Agriculture (NIFA), formerly the
Cooperative State Research, Education,
and Extension Service (CSREES), is
publishing a set of specific
administrative requirements as subpart
O to 7 CFR part 3430 for the Sun Grant
Program to supplement the Competitive
and Noncompetitive Non-formula
Federal Assistance Programs—General
Award Administrative Provisions for
SUMMARY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
this program. The Sun Grant Program is
authorized under section 7526 of the
Food, Conservation, and Energy Act of
2008 (FCEA).
DATES: This interim rule is effective on
November 18, 2010. The Agency must
receive comments on or before March
18, 2011.
ADDRESSES: You may submit comments,
identified by Regulatory Information
Number (RIN) 0524–AA64, by any of the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: policy@NIFA.usda.gov.
Include RIN 0524–AA64 in the subject
line of the message.
Fax: 202–401–7752.
Mail: Paper, disk or CD–ROM
submissions should be submitted to
National Institute of Food and
Agriculture; U.S. Department of
Agriculture; STOP 2299; 1400
Independence Avenue, SW.;
Washington, DC 20250–2299.
Hand Delivery/Courier: National
Institute of Food and Agriculture; U.S.
Department of Agriculture; Room 2255,
Waterfront Centre; 800 9th Street, SW.;
Washington, DC 20024.
Instructions: All comments submitted
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:
Carmela Bailey, National Program
Leader, Plant and Animal Systems,
National Institute of Food and
Agriculture, U.S. Department of
Agriculture, STOP 3356, 1400
Independence Avenue, Washington, DC
20250–3356; Voice: 202–401–6443; Fax:
202–401–4888; E-mail:
cbailey@NIFA.usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Summary
Authority
Section 7526 of the Food,
Conservation, and Energy Act of 2008
(FCEA), Public Law 110–246 (7 U.S.C.
8114), provides authority to the
Secretary of Agriculture (Secretary) to
establish and carry out the Sun Grant
Program under which grants are
provided to Sun Grant Centers
(hereafter, the Center(s)) and a
Subcenter (as designated in section
7526(b)(1)(A)–(F) of the FCEA) for the
purpose of subawarding 75 percent of
USDA-awarded funds through a
regional competitive grants program
administered by the Centers and
Subcenter to fund multi-institutional
E:\FR\FM\18NOR1.SGM
18NOR1
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
jdjones on DSK8KYBLC1PROD with RULES
and multistate research, extension, and
education programs on technology
development and integrated research,
extension, and education programs on
technology implementation, in
accordance with the purpose and
priorities as described in section 7526.
The Centers and Subcenter will utilize
the remaining balance of USDAawarded funds (after using up to 4
percent of the USDA-awarded funds for
the administrative expenses of carrying
out the regional competitive grants
program) to conduct such programs at
the respective Center or the Subcenter.
Additionally, section 7526(d) of the
FCEA requires the Centers and
Subcenter to jointly develop and submit
to the Secretary for approval a plan for
addressing the bioenergy, biomass, and
gasification research priorities of USDA
and the Department of Energy at the
State and regional levels. With respect
to gasification research activities, the
Centers and Subcenter are required to
coordinate planning with land-grant
colleges and universities in their
respective regions that have ongoing
research activities in that area. The
Centers and Subcenter must use the
approved plan in making grants and
must give priority to programs that are
consistent with the plan.
Section 7526(e) of the FCEA also
requires the Centers and Subcenter to
maintain, at the North-Central Center, a
Sun Grant Information Analysis Center
to provide the Centers and Subcenter
with analysis and data management
support.
The USDA authority to carry out this
program has been delegated to NIFA
through the Under Secretary for
Research, Education, and Economics.
Purpose
The objectives of the Sun Grant
Program are to enhance national energy
security through the development,
distribution, and implementation of
biobased energy technologies; to
promote diversification in, and the
environmental sustainability of,
agricultural production in the United
States through biobased energy and
product technologies; to promote
economic diversification in rural areas
of the United States through biobased
energy and product technologies; and to
enhance the efficiency of bioenergy and
biomass research and development
programs through improved
coordination and collaboration among
USDA, the Department of Energy, and
land-grant colleges and universities.
Organization of 7 CFR Part 3430
A primary function of NIFA is the
fair, effective, and efficient
VerDate Mar<15>2010
13:21 Nov 17, 2010
Jkt 223001
administration of Federal assistance
programs implementing agricultural
research, education, and extension
programs. As noted above, NIFA 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. NIFA
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 on September 4, 2009
[74 FR 45736–45752]. These regulations
apply to all Federal assistance programs
administered by NIFA 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), with implementing
regulations at 7 CFR part 3431.
NIFA 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 NIFA programs.
NIFA 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, NIFA is
adding subpart O for the administrative
provisions that are specific to the
Federal assistance awards made under
the Sun Grant Program authority.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
70579
Timeline for Implementing Regulations
NIFA is publishing this rule as an
interim rule with a 120-day comment
period and anticipates publishing a final
rule by June 20, 2011. However, in the
interim, these regulations apply to the
Federal assistance awards made under
the Sun Grant Program authority.
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 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
E:\FR\FM\18NOR1.SGM
18NOR1
70580
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
and Related and Mandatory), and the
SF–425 Federal Financial Report; NIFA
has three currently approved OMB
information collections associated with
this rulemaking: OMB Information
Collection No. 0524–0042, NIFA
Current Research Information System
(CRIS); No. 0524–0041, NIFA
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 NIFA under the Catalog
of Federal Domestic Assistance (CFDA)
No. 10.320, Sun Grant 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.
jdjones on DSK8KYBLC1PROD with RULES
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,
VerDate Mar<15>2010
13:21 Nov 17, 2010
Jkt 223001
Education, Extension, Federal
assistance.
■ Accordingly, Chapter XXXIV of 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
PROVISIONS
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).
Subpart N—[Added and Reserved]
2. Add and reserve subpart N.
3. Add a new subpart O, to read as
follows:
■
■
Subpart O—Sun Grant Program
Sec.
3430.1000 Applicability of regulations.
3430.1001 Purpose.
3430.1002 Definitions.
3430.1003 Eligibility.
3430.1004 Project types and priorities.
3430.1005 Funding restrictions.
3430.1006 Matching requirements.
3430.1007 Planning activities.
3430.1008 Sun Grant Information Analysis
Center.
3430.1009 Administrative duties.
3430.1010 Review criteria.
3430.1011 Duration of awards.
Subpart O—Sun Grant Program
§ 3430.1000
Applicability of regulations.
The regulations in this subpart apply
to the Federal assistance awards made
under the program authorized under
section 7526 of the Food, Conservation,
and Energy Act of 2008 (FCEA), Pub. L.
110–246 (7 U.S.C. 8114).
§ 3430.1001
Purpose.
In carrying out the program, NIFA is
authorized to make awards under
section 7526 of the FCEA to eligible
entities (as designated in section
7526(b)(1)(A)–(F) of the FCEA) to fund
subgrants and activities that:
(a) Enhance national energy security
through the development, distribution,
and implementation of biobased energy
technologies;
(b) Promote diversification in, and the
environmental sustainability of,
agricultural production in the United
States through biobased energy and
product technologies;
(c) Promote economic diversification
in rural areas of the United States
through biobased energy and product
technologies; and
(d) Enhance the efficiency of
bioenergy and biomass research and
development programs through
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
improved coordination and
collaboration among the Department,
the Department of Energy, and landgrant colleges and universities.
§ 3430.1002
Definitions.
The definitions specific to the Sun
Grant Program are from the authorizing
legislation, the National Program
Leadership of NIFA, and the
Department of Energy. The definitions
applicable to the program under this
subpart include:
Biobased product means:
(1) An industrial product (including
chemicals, materials, and polymers)
produced from biomass; or
(2) A commercial or industrial
product (including animal feed and
electric power) derived in connection
with the conversion of biomass to fuel.
Bioenergy means power generated in
the form of electricity or heat using
biomass as a feedstock.
Center means a Sun Grant Center
identified in § 3430.1003(a)(1) through
(5).
Gasification means a process that
converts carbonaceous materials, such
as biomass, into carbon monoxide and
hydrogen by reacting the raw material,
high temperatures with a controlled
amount of oxygen and/or steam.
Subcenter means the Sun Grant
Subcenter identified in
§ 3430.1003(a)(6).
Technology development means the
process of research and development of
technology.
Technology implementation means
the introduction of new technologies to
either an existing organization, or to a
larger community, such as a type of
business.
§ 3430.1003
Eligibility.
(a) Sun Grant Centers and Subcenter.
NIFA will use amounts appropriated for
the Sun Grant Program to provide grants
to the following five Centers and one
Subcenter:
(1) A North-Central Center at South
Dakota State University for the region
composed of the States of Illinois,
Indiana, Iowa, Minnesota, Montana,
Nebraska, North Dakota, South Dakota,
Wisconsin, and Wyoming;
(2) A Southeastern Center at the
University of Tennessee at Knoxville for
the region composed of the States of
Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South
Carolina, Tennessee, and Virginia, the
Commonwealth of Puerto Rico, and the
United States Virgin Islands;
(3) A South-Central Center at
Oklahoma State University for the
region composed of the States of
Arkansas, Colorado, Kansas, Louisiana,
E:\FR\FM\18NOR1.SGM
18NOR1
jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
Missouri, New Mexico, Oklahoma, and
Texas;
(4) A Northeastern Center at Cornell
University for the region composed of
the States of Connecticut, Delaware,
Massachusetts, Maryland, Maine,
Michigan, New Hampshire, New Jersey,
New York, Ohio, Pennsylvania, Rhode
Island, Vermont, and West Virginia;
(5) A Western Center at Oregon State
University for the region composed of
the States of Alaska, Arizona, California,
Hawaii, Idaho, Nevada, Oregon, Utah,
and Washington, and insular areas
(other than the Commonwealth of
Puerto Rico and the United States Virgin
Islands); and
(6) A Western Insular Pacific
Subcenter at the University of Hawaii
(that receives Federal funds through the
Western Center rather than directly from
NIFA, in accordance with
§ 3430.1004(b)) for the region of Alaska,
Hawaii, Guam, American Samoa, the
Commonwealth of the Northern Mariana
Islands, the Federated States of
Micronesia, the Republic of the
Marshall Islands, and the Republic of
Palau.
(b) Subawardees of the Centers and
Subcenter. To be eligible for a subaward
from a Center or Subcenter pursuant to
§ 3430.1004(a)(1), an applicant:
(1) Must be located in the region
covered by the applicable Center or
Subcenter; and
(2) Must be one of the following:
(i) State agricultural experiment
station;
(ii) College or university;
(iii) University research foundation;
(iv) Other research institution or
organization;
(v) Federal agency;
(vi) National laboratory;
(vii) Private organization or
corporation;
(viii) Individual; or
(ix) Any group consisting of 2 or more
entities described in paragraphs (b)(2)(i)
through (viii) of this section.
(c) Ineligibility. A Center or Subcenter
will be ineligible for funding under the
Sun Grant Program if NIFA determines
on the basis of an audit or a review of
a report submitted under § 3430.1009
that the Center or Subcenter has not
complied with the requirements of
section 7526 of the FCEA (7 U.S.C.
8114). A Center or Subcenter
determined to be ineligible pursuant to
this paragraph will remain ineligible for
such period of time as deemed
appropriate by NIFA. This ineligibility
requirement is in addition to the
enforcement actions that NIFA may take
pursuant to § 3430.60.
VerDate Mar<15>2010
13:21 Nov 17, 2010
Jkt 223001
§ 3430.1004
Project types and priorities.
(a) Project types. The Sun Grant
Program provides funds for two distinct
project types. Subject to paragraph (b),
of the funds provided by NIFA to the
Centers and Subcenter, the required use
of funds by each of the Centers and the
Subcenter is as follows:
(1) Regional competitive research,
extension, and education grant
programs. Seventy-five percent must be
used for regional competitively awarded
research, extension, and education
subgrants to eligible entities (described
in § 3430.1003(b)) to conduct, in a
manner consistent with the purposes
described in § 3430.1001, multiinstitutional and multistate research,
extension, and education programs on
technology development and multiinstitutional and multistate integrated
research, extension, and education
programs on technology
implementation. Regional competitive
grants programs will target specific
elements of the purposes described in
§ 3430.1001, implementing national
priorities in the context of regional scale
biogeographic and climatic conditions.
(i) Requests for applications. The
Centers and Subcenter must develop
regional requests for applications
(RFAs) utilizing guidance from regional
advisory panels created and
administered by the Centers and
Subcenter for purposes of addressing
region-specific issues, and which
include representation from academia,
the national laboratories, Federal and
State agencies, the private sector, and
public interest groups. Advisory panel
members will have appropriate
expertise and experience in the areas of
biomass and bioenergy.
(ii) Peer review of proposals. Each
region will announce RFAs and solicit
proposals. These proposals must be peer
reviewed by panels in a manner similar
to the system of peer review required by
section 103 of the Agricultural Research,
Extension, and Education Reform Act of
1998 (7 U.S.C. 7613), and may include
representation from Federal and State
laboratories, the national laboratories,
and private and public interest groups,
as appropriate. The Centers and
Subcenter may use implementing
regulations found in §§ 3430.31 through
3430.37 as a guideline for appropriate
peer review standards. Additional
guidance may be provided by NIFA. To
ensure consistency across the regions,
prior to announcing the regional RFAs
that will be used to solicit proposals, the
Centers and Subcenter must provide
NIFA the RFAs for approval by the
designated NIFA program contact, as
identified in the NIFA program
solicitation. The Centers and Subcenter
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
70581
shall award subgrants on the basis of
merit, quality, and relevance to
advancing the purposes of the Sun
Grant Program.
(2) Research, extension, and
education activities conducted at the
Centers and Subcenter. Except for funds
available for administrative expenses as
provided in § 3430.1005(b), the
remainder of the funds must be used for
multi-institutional and multistate
research, extension, and education
programs on technology development
and multi-institutional and multistate
integrated research, extension, and
education programs on technology
implementation, in a manner consistent
with the purposes described in
§ 3430.1001.
(b) Special provisions for the Western
Center and Western Insular Pacific
Subcenter. Funds provided by NIFA to
the Western Insular Pacific Subcenter
shall come from an allocation of a
portion of the funds received by the
Western Center, as directed by NIFA in
the program solicitation, rather than
directly from NIFA. For the Center, the
phrase ‘‘funds provided by NIFA’’ in
paragraph (a) of this section refers to
those funds provided by NIFA for the
Sun Grant Program that are not
allocated to the Subcenter. For the
Subcenter, the phrase ‘‘funds provided
by NIFA’’ in paragraph (a) of this section
refers to those funds that are allocated
to the Subcenter.
(c) Priorities. For the regional
competitive grants program under
paragraph (a)(1) of this section, the
Centers and Subcenter shall use the
plan approved by NIFA under
§ 3430.1007 in making subawards and
shall give a higher priority to proposals
that are consistent with the plan.
§ 3430.1005
Funding restrictions.
(a) Facility costs. Funds made
available under the Sun Grant Program
shall not be used for the construction of
a new building or facility or the
acquisition, expansion, remodeling, or
alteration of an existing building or
facility (including site grading and
improvement, and architect fees).
(b) Indirect cost provisions for
regional competitive research,
extension, and education grant
programs. Funds provided by NIFA to
the Centers and Subcenter for the
regional competitive grants program
under § 3430.1004(a)(1) may not be used
for the indirect costs of awarding the
competitive grants. However, up to 4
percent of the total funds provided by
NIFA to each of the five Centers and the
Subcenter under § 3430.1004 for the
Sun Grant Program may be budgeted for
E:\FR\FM\18NOR1.SGM
18NOR1
70582
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
administrative costs incurred in
awarding the competitive grants.
(c) Indirect cost provisions for
research, extension, and education
activities conducted at the Centers and
Subcenter. Subject to § 3430.54, indirect
costs are allowable for the funds
provided by NIFA to the Centers and the
Subcenter for the research, extension,
and education programs under
§ 3430.1004(a)(2).
(d) Required allocations. Each Center
and Subcenter must fund subgrants in a
proportion that is a minimum 30
percent for conducting multiinstitutional and multistate research,
extension, and education programs on
technology development; and a
minimum 30 percent for conducting
integrated multi-institutional and
multistate research, extension, and
education programs on technology
implementation. Each Sun Grant Center
must clearly demonstrate a common
procedure for ensuring the required
allocations are met, and for maintaining
documentation of these required
percentages for audit purposes.
§ 3430.1006
Matching requirements.
(a) Matching provisions for the
Centers and Subcenter. The Centers and
the Subcenter are not required to match
Federal funds.
(b) Matching provisions for
subawards. For subawards made by the
Centers or Subcenter through the
competitive grants process, not less than
20 percent of the cost of an activity must
be matched with funds, including inkind contributions, from a non-Federal
source, by the subawardee.
(1) Exception for fundamental
research. This matching requirement
does not apply to fundamental research
(as defined in § 3430.2).
(2) Special matching provisions for
applied research. With prior approval
by the NIFA authorized departmental
officer (ADO), the Center or Subcenter
may reduce or eliminate the matching
requirement for applied research (as
defined in § 3430.2) if the Center or
Subcenter determines that the reduction
is necessary and appropriate pursuant to
guidance issued by NIFA.
jdjones on DSK8KYBLC1PROD with RULES
§ 3430.1007
13:21 Nov 17, 2010
Jkt 223001
§ 3430.1008 Sun Grant Information
Analysis Center.
The Centers and Subcenter shall
maintain, at the North-Central Center, a
Sun Grant Information Analysis Center
to provide the Centers and Subcenter
with analysis and data management
support. Each Center and Subcenter
shall allocate a portion of the funds
available for administrative or indirect
costs under § 3430.1005 to maintain the
Sun Grant Information Analysis Center.
§ 3430.1009
Administrative duties.
In addition to other reporting
requirements agreed to in the terms and
conditions of each award, not later than
90 days after the end of each Federal
fiscal year, each Center and Subcenter
shall submit to NIFA a report that
describes the policies, priorities, and
operations of the program carried out by
the Center or Subcenter during the fiscal
year, including the results of all peer
and merit review procedures conducted
as part of administering the regional
competitive research, extension, and
educational grant programs; and a
description of progress made in
facilitating the plan described in
§ 3430.1007.
§ 3430.1010
Planning activities.
(a) Required plan. The Centers and
Subcenter shall jointly develop and
submit to NIFA for approval a plan for
addressing the bioenergy, biomass, and
gasification research priorities of the
Department and the Department of
Energy at the State and regional levels.
To comply with this requirement, NIFA
requires that the proposals from each of
the five Centers be of similar format and
subject matter and complementary to
VerDate Mar<15>2010
comprise a national program for
purposes of serving as the actual ‘‘plan.’’
Each proposal will present a plan that
includes a description of what will be
done in common and collectively by the
Centers and Subcenter, what each will
do as a Center and Subcenter, and how
each Center and Subcenter will
implement its regional competitive
grants program. Proposals submitted to
the Sun Grant Program must be
sufficiently detailed and of high enough
quality and demonstrate adequate
evidence of collaboration to meet this
requirement. Funds available for
administrative costs (see § 3430.1005(b))
may be used to meet this requirement.
(b) Gasification. With respect to
gasification research activities, the
Centers and Subcenter shall coordinate
planning with land-grant colleges and
universities in their respective regions
that have ongoing research activities in
that area.
Review criteria.
Panel reviewers conducting merit
reviews on proposals submitted by the
Centers will be instructed to ensure that
proposals adequately address the plan
developed in accordance with
§ 3430.1007 for consideration of the
relevance and merit of proposals.
§ 3430.1011
Duration of awards.
The term of a Federal assistance
award made under the Sun Grant
Program shall not exceed 5 years. No-
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
cost extensions of time beyond the
maximum award terms will not be
considered or granted.
Signed at Washington, DC, August 26,
2010.
Roger Beachy,
Director, National Institute of Food and
Agriculture.
[FR Doc. 2010–29103 Filed 11–17–10; 8:45 am]
BILLING CODE 3410–22–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 905
[Docket No. FR–4843–C–03]
RIN 2577–AC49
Use of Public Housing Capital Funds
for Financing Activities
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule; correction.
AGENCY:
This publication makes a
technical correction to the preamble of
the final rule on Capital Fund
Financing, published on October 21,
2010. That preamble erroneously
included a paragraph in the ‘‘Findings
and Certifications’’ section’’ headed
‘‘Congressional Review of Final Rules.’’
That paragraph is only relevant where a
rule is deemed economically significant,
which this rule is not. Therefore, this
paragraph should not have been
included in the ‘‘Findings and
Certifications’’ section of the preamble.
Removing this paragraph makes no
substantive change to the rule.
DATES: Effective Date: December 20,
2010.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Jeffrey Riddel, Director, Office of Capital
Improvements, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 451 7th Street,
SW., Washington, DC 20410–8000;
telephone number 202–708–1640,
extension 4999 (this is not a toll-free
number). Hearing- or speech-impaired
individuals may access this number
through TTY by calling the toll-free
Federal Information Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION: On
October 21, 2010 (75 FR 65198), HUD
published a final rule that implements
the Capital Fund Finance Program
(CFFP) to allow public housing agencies
(PHAs) to use a portion of their Capital
Funds for financing activities, including
modernization and development
activities along with the payment of
E:\FR\FM\18NOR1.SGM
18NOR1
Agencies
[Federal Register Volume 75, Number 222 (Thursday, November 18, 2010)]
[Rules and Regulations]
[Pages 70578-70582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29103]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture
7 CFR Part 3430
[0524-AA64]
Competitive and Noncompetitive Nonformula Federal Assistance
Programs--Administrative Provisions for the Sun Grant Program
AGENCY: National Institute of Food and Agriculture, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The National Institute of Food and Agriculture (NIFA),
formerly the Cooperative State Research, Education, and Extension
Service (CSREES), is publishing a set of specific administrative
requirements as subpart O to 7 CFR part 3430 for the Sun Grant Program
to supplement the Competitive and Noncompetitive Non-formula Federal
Assistance Programs--General Award Administrative Provisions for this
program. The Sun Grant Program is authorized under section 7526 of the
Food, Conservation, and Energy Act of 2008 (FCEA).
DATES: This interim rule is effective on November 18, 2010. The Agency
must receive comments on or before March 18, 2011.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 0524-AA64, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: policy@NIFA.usda.gov. Include RIN 0524-AA64 in the subject
line of the message.
Fax: 202-401-7752.
Mail: Paper, disk or CD-ROM submissions should be submitted to
National Institute of Food and Agriculture; U.S. Department of
Agriculture; STOP 2299; 1400 Independence Avenue, SW.; Washington, DC
20250-2299.
Hand Delivery/Courier: National Institute of Food and Agriculture;
U.S. Department of Agriculture; Room 2255, Waterfront Centre; 800 9th
Street, SW.; Washington, DC 20024.
Instructions: All comments submitted 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: Carmela Bailey, National Program
Leader, Plant and Animal Systems, National Institute of Food and
Agriculture, U.S. Department of Agriculture, STOP 3356, 1400
Independence Avenue, Washington, DC 20250-3356; Voice: 202-401-6443;
Fax: 202-401-4888; E-mail: cbailey@NIFA.usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Summary
Authority
Section 7526 of the Food, Conservation, and Energy Act of 2008
(FCEA), Public Law 110-246 (7 U.S.C. 8114), provides authority to the
Secretary of Agriculture (Secretary) to establish and carry out the Sun
Grant Program under which grants are provided to Sun Grant Centers
(hereafter, the Center(s)) and a Subcenter (as designated in section
7526(b)(1)(A)-(F) of the FCEA) for the purpose of subawarding 75
percent of USDA-awarded funds through a regional competitive grants
program administered by the Centers and Subcenter to fund multi-
institutional
[[Page 70579]]
and multistate research, extension, and education programs on
technology development and integrated research, extension, and
education programs on technology implementation, in accordance with the
purpose and priorities as described in section 7526. The Centers and
Subcenter will utilize the remaining balance of USDA-awarded funds
(after using up to 4 percent of the USDA-awarded funds for the
administrative expenses of carrying out the regional competitive grants
program) to conduct such programs at the respective Center or the
Subcenter. Additionally, section 7526(d) of the FCEA requires the
Centers and Subcenter to jointly develop and submit to the Secretary
for approval a plan for addressing the bioenergy, biomass, and
gasification research priorities of USDA and the Department of Energy
at the State and regional levels. With respect to gasification research
activities, the Centers and Subcenter are required to coordinate
planning with land-grant colleges and universities in their respective
regions that have ongoing research activities in that area. The Centers
and Subcenter must use the approved plan in making grants and must give
priority to programs that are consistent with the plan.
Section 7526(e) of the FCEA also requires the Centers and Subcenter
to maintain, at the North-Central Center, a Sun Grant Information
Analysis Center to provide the Centers and Subcenter with analysis and
data management support.
The USDA authority to carry out this program has been delegated to
NIFA through the Under Secretary for Research, Education, and
Economics.
Purpose
The objectives of the Sun Grant Program are to enhance national
energy security through the development, distribution, and
implementation of biobased energy technologies; to promote
diversification in, and the environmental sustainability of,
agricultural production in the United States through biobased energy
and product technologies; to promote economic diversification in rural
areas of the United States through biobased energy and product
technologies; and to enhance the efficiency of bioenergy and biomass
research and development programs through improved coordination and
collaboration among USDA, the Department of Energy, and land-grant
colleges and universities.
Organization of 7 CFR Part 3430
A primary function of NIFA is the fair, effective, and efficient
administration of Federal assistance programs implementing agricultural
research, education, and extension programs. As noted above, NIFA 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. NIFA 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 on September 4, 2009 [74 FR 45736-45752]. These regulations apply
to all Federal assistance programs administered by NIFA 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), with
implementing regulations at 7 CFR part 3431.
NIFA 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 NIFA programs.
NIFA 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 (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, NIFA is adding subpart O for the
administrative provisions that are specific to the Federal assistance
awards made under the Sun Grant Program authority.
Timeline for Implementing Regulations
NIFA is publishing this rule as an interim rule with a 120-day
comment period and anticipates publishing a final rule by June 20,
2011. However, in the interim, these regulations apply to the Federal
assistance awards made under the Sun Grant Program authority.
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 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
[[Page 70580]]
and Related and Mandatory), and the SF-425 Federal Financial Report;
NIFA has three currently approved OMB information collections
associated with this rulemaking: OMB Information Collection No. 0524-
0042, NIFA Current Research Information System (CRIS); No. 0524-0041,
NIFA 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 NIFA under the Catalog of Federal Domestic Assistance
(CFDA) No. 10.320, Sun Grant 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, Chapter XXXIV of 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 PROVISIONS
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).
Subpart N--[Added and Reserved]
0
2. Add and reserve subpart N.
0
3. Add a new subpart O, to read as follows:
Subpart O--Sun Grant Program
Sec.
3430.1000 Applicability of regulations.
3430.1001 Purpose.
3430.1002 Definitions.
3430.1003 Eligibility.
3430.1004 Project types and priorities.
3430.1005 Funding restrictions.
3430.1006 Matching requirements.
3430.1007 Planning activities.
3430.1008 Sun Grant Information Analysis Center.
3430.1009 Administrative duties.
3430.1010 Review criteria.
3430.1011 Duration of awards.
Subpart O--Sun Grant Program
Sec. 3430.1000 Applicability of regulations.
The regulations in this subpart apply to the Federal assistance
awards made under the program authorized under section 7526 of the
Food, Conservation, and Energy Act of 2008 (FCEA), Pub. L. 110-246 (7
U.S.C. 8114).
Sec. 3430.1001 Purpose.
In carrying out the program, NIFA is authorized to make awards
under section 7526 of the FCEA to eligible entities (as designated in
section 7526(b)(1)(A)-(F) of the FCEA) to fund subgrants and activities
that:
(a) Enhance national energy security through the development,
distribution, and implementation of biobased energy technologies;
(b) Promote diversification in, and the environmental
sustainability of, agricultural production in the United States through
biobased energy and product technologies;
(c) Promote economic diversification in rural areas of the United
States through biobased energy and product technologies; and
(d) Enhance the efficiency of bioenergy and biomass research and
development programs through improved coordination and collaboration
among the Department, the Department of Energy, and land-grant colleges
and universities.
Sec. 3430.1002 Definitions.
The definitions specific to the Sun Grant Program are from the
authorizing legislation, the National Program Leadership of NIFA, and
the Department of Energy. The definitions applicable to the program
under this subpart include:
Biobased product means:
(1) An industrial product (including chemicals, materials, and
polymers) produced from biomass; or
(2) A commercial or industrial product (including animal feed and
electric power) derived in connection with the conversion of biomass to
fuel.
Bioenergy means power generated in the form of electricity or heat
using biomass as a feedstock.
Center means a Sun Grant Center identified in Sec. 3430.1003(a)(1)
through (5).
Gasification means a process that converts carbonaceous materials,
such as biomass, into carbon monoxide and hydrogen by reacting the raw
material, high temperatures with a controlled amount of oxygen and/or
steam.
Subcenter means the Sun Grant Subcenter identified in Sec.
3430.1003(a)(6).
Technology development means the process of research and
development of technology.
Technology implementation means the introduction of new
technologies to either an existing organization, or to a larger
community, such as a type of business.
Sec. 3430.1003 Eligibility.
(a) Sun Grant Centers and Subcenter. NIFA will use amounts
appropriated for the Sun Grant Program to provide grants to the
following five Centers and one Subcenter:
(1) A North-Central Center at South Dakota State University for the
region composed of the States of Illinois, Indiana, Iowa, Minnesota,
Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming;
(2) A Southeastern Center at the University of Tennessee at
Knoxville for the region composed of the States of Alabama, Florida,
Georgia, Kentucky, Mississippi, North Carolina, South Carolina,
Tennessee, and Virginia, the Commonwealth of Puerto Rico, and the
United States Virgin Islands;
(3) A South-Central Center at Oklahoma State University for the
region composed of the States of Arkansas, Colorado, Kansas, Louisiana,
[[Page 70581]]
Missouri, New Mexico, Oklahoma, and Texas;
(4) A Northeastern Center at Cornell University for the region
composed of the States of Connecticut, Delaware, Massachusetts,
Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, Vermont, and West Virginia;
(5) A Western Center at Oregon State University for the region
composed of the States of Alaska, Arizona, California, Hawaii, Idaho,
Nevada, Oregon, Utah, and Washington, and insular areas (other than the
Commonwealth of Puerto Rico and the United States Virgin Islands); and
(6) A Western Insular Pacific Subcenter at the University of Hawaii
(that receives Federal funds through the Western Center rather than
directly from NIFA, in accordance with Sec. 3430.1004(b)) for the
region of Alaska, Hawaii, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
(b) Subawardees of the Centers and Subcenter. To be eligible for a
subaward from a Center or Subcenter pursuant to Sec. 3430.1004(a)(1),
an applicant:
(1) Must be located in the region covered by the applicable Center
or Subcenter; and
(2) Must be one of the following:
(i) State agricultural experiment station;
(ii) College or university;
(iii) University research foundation;
(iv) Other research institution or organization;
(v) Federal agency;
(vi) National laboratory;
(vii) Private organization or corporation;
(viii) Individual; or
(ix) Any group consisting of 2 or more entities described in
paragraphs (b)(2)(i) through (viii) of this section.
(c) Ineligibility. A Center or Subcenter will be ineligible for
funding under the Sun Grant Program if NIFA determines on the basis of
an audit or a review of a report submitted under Sec. 3430.1009 that
the Center or Subcenter has not complied with the requirements of
section 7526 of the FCEA (7 U.S.C. 8114). A Center or Subcenter
determined to be ineligible pursuant to this paragraph will remain
ineligible for such period of time as deemed appropriate by NIFA. This
ineligibility requirement is in addition to the enforcement actions
that NIFA may take pursuant to Sec. 3430.60.
Sec. 3430.1004 Project types and priorities.
(a) Project types. The Sun Grant Program provides funds for two
distinct project types. Subject to paragraph (b), of the funds provided
by NIFA to the Centers and Subcenter, the required use of funds by each
of the Centers and the Subcenter is as follows:
(1) Regional competitive research, extension, and education grant
programs. Seventy-five percent must be used for regional competitively
awarded research, extension, and education subgrants to eligible
entities (described in Sec. 3430.1003(b)) to conduct, in a manner
consistent with the purposes described in Sec. 3430.1001, multi-
institutional and multistate research, extension, and education
programs on technology development and multi-institutional and
multistate integrated research, extension, and education programs on
technology implementation. Regional competitive grants programs will
target specific elements of the purposes described in Sec. 3430.1001,
implementing national priorities in the context of regional scale
biogeographic and climatic conditions.
(i) Requests for applications. The Centers and Subcenter must
develop regional requests for applications (RFAs) utilizing guidance
from regional advisory panels created and administered by the Centers
and Subcenter for purposes of addressing region-specific issues, and
which include representation from academia, the national laboratories,
Federal and State agencies, the private sector, and public interest
groups. Advisory panel members will have appropriate expertise and
experience in the areas of biomass and bioenergy.
(ii) Peer review of proposals. Each region will announce RFAs and
solicit proposals. These proposals must be peer reviewed by panels in a
manner similar to the system of peer review required by section 103 of
the Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7613), and may include representation from Federal and State
laboratories, the national laboratories, and private and public
interest groups, as appropriate. The Centers and Subcenter may use
implementing regulations found in Sec. Sec. 3430.31 through 3430.37 as
a guideline for appropriate peer review standards. Additional guidance
may be provided by NIFA. To ensure consistency across the regions,
prior to announcing the regional RFAs that will be used to solicit
proposals, the Centers and Subcenter must provide NIFA the RFAs for
approval by the designated NIFA program contact, as identified in the
NIFA program solicitation. The Centers and Subcenter shall award
subgrants on the basis of merit, quality, and relevance to advancing
the purposes of the Sun Grant Program.
(2) Research, extension, and education activities conducted at the
Centers and Subcenter. Except for funds available for administrative
expenses as provided in Sec. 3430.1005(b), the remainder of the funds
must be used for multi-institutional and multistate research,
extension, and education programs on technology development and multi-
institutional and multistate integrated research, extension, and
education programs on technology implementation, in a manner consistent
with the purposes described in Sec. 3430.1001.
(b) Special provisions for the Western Center and Western Insular
Pacific Subcenter. Funds provided by NIFA to the Western Insular
Pacific Subcenter shall come from an allocation of a portion of the
funds received by the Western Center, as directed by NIFA in the
program solicitation, rather than directly from NIFA. For the Center,
the phrase ``funds provided by NIFA'' in paragraph (a) of this section
refers to those funds provided by NIFA for the Sun Grant Program that
are not allocated to the Subcenter. For the Subcenter, the phrase
``funds provided by NIFA'' in paragraph (a) of this section refers to
those funds that are allocated to the Subcenter.
(c) Priorities. For the regional competitive grants program under
paragraph (a)(1) of this section, the Centers and Subcenter shall use
the plan approved by NIFA under Sec. 3430.1007 in making subawards and
shall give a higher priority to proposals that are consistent with the
plan.
Sec. 3430.1005 Funding restrictions.
(a) Facility costs. Funds made available under the Sun Grant
Program shall not be used for the construction of a new building or
facility or the acquisition, expansion, remodeling, or alteration of an
existing building or facility (including site grading and improvement,
and architect fees).
(b) Indirect cost provisions for regional competitive research,
extension, and education grant programs. Funds provided by NIFA to the
Centers and Subcenter for the regional competitive grants program under
Sec. 3430.1004(a)(1) may not be used for the indirect costs of
awarding the competitive grants. However, up to 4 percent of the total
funds provided by NIFA to each of the five Centers and the Subcenter
under Sec. 3430.1004 for the Sun Grant Program may be budgeted for
[[Page 70582]]
administrative costs incurred in awarding the competitive grants.
(c) Indirect cost provisions for research, extension, and education
activities conducted at the Centers and Subcenter. Subject to Sec.
3430.54, indirect costs are allowable for the funds provided by NIFA to
the Centers and the Subcenter for the research, extension, and
education programs under Sec. 3430.1004(a)(2).
(d) Required allocations. Each Center and Subcenter must fund
subgrants in a proportion that is a minimum 30 percent for conducting
multi-institutional and multistate research, extension, and education
programs on technology development; and a minimum 30 percent for
conducting integrated multi-institutional and multistate research,
extension, and education programs on technology implementation. Each
Sun Grant Center must clearly demonstrate a common procedure for
ensuring the required allocations are met, and for maintaining
documentation of these required percentages for audit purposes.
Sec. 3430.1006 Matching requirements.
(a) Matching provisions for the Centers and Subcenter. The Centers
and the Subcenter are not required to match Federal funds.
(b) Matching provisions for subawards. For subawards made by the
Centers or Subcenter through the competitive grants process, not less
than 20 percent of the cost of an activity must be matched with funds,
including in-kind contributions, from a non-Federal source, by the
subawardee.
(1) Exception for fundamental research. This matching requirement
does not apply to fundamental research (as defined in Sec. 3430.2).
(2) Special matching provisions for applied research. With prior
approval by the NIFA authorized departmental officer (ADO), the Center
or Subcenter may reduce or eliminate the matching requirement for
applied research (as defined in Sec. 3430.2) if the Center or
Subcenter determines that the reduction is necessary and appropriate
pursuant to guidance issued by NIFA.
Sec. 3430.1007 Planning activities.
(a) Required plan. The Centers and Subcenter shall jointly develop
and submit to NIFA for approval a plan for addressing the bioenergy,
biomass, and gasification research priorities of the Department and the
Department of Energy at the State and regional levels. To comply with
this requirement, NIFA requires that the proposals from each of the
five Centers be of similar format and subject matter and complementary
to comprise a national program for purposes of serving as the actual
``plan.'' Each proposal will present a plan that includes a description
of what will be done in common and collectively by the Centers and
Subcenter, what each will do as a Center and Subcenter, and how each
Center and Subcenter will implement its regional competitive grants
program. Proposals submitted to the Sun Grant Program must be
sufficiently detailed and of high enough quality and demonstrate
adequate evidence of collaboration to meet this requirement. Funds
available for administrative costs (see Sec. 3430.1005(b)) may be used
to meet this requirement.
(b) Gasification. With respect to gasification research activities,
the Centers and Subcenter shall coordinate planning with land-grant
colleges and universities in their respective regions that have ongoing
research activities in that area.
Sec. 3430.1008 Sun Grant Information Analysis Center.
The Centers and Subcenter shall maintain, at the North-Central
Center, a Sun Grant Information Analysis Center to provide the Centers
and Subcenter with analysis and data management support. Each Center
and Subcenter shall allocate a portion of the funds available for
administrative or indirect costs under Sec. 3430.1005 to maintain the
Sun Grant Information Analysis Center.
Sec. 3430.1009 Administrative duties.
In addition to other reporting requirements agreed to in the terms
and conditions of each award, not later than 90 days after the end of
each Federal fiscal year, each Center and Subcenter shall submit to
NIFA a report that describes the policies, priorities, and operations
of the program carried out by the Center or Subcenter during the fiscal
year, including the results of all peer and merit review procedures
conducted as part of administering the regional competitive research,
extension, and educational grant programs; and a description of
progress made in facilitating the plan described in Sec. 3430.1007.
Sec. 3430.1010 Review criteria.
Panel reviewers conducting merit reviews on proposals submitted by
the Centers will be instructed to ensure that proposals adequately
address the plan developed in accordance with Sec. 3430.1007 for
consideration of the relevance and merit of proposals.
Sec. 3430.1011 Duration of awards.
The term of a Federal assistance award made under the Sun Grant
Program shall not exceed 5 years. No-cost extensions of time beyond the
maximum award terms will not be considered or granted.
Signed at Washington, DC, August 26, 2010.
Roger Beachy,
Director, National Institute of Food and Agriculture.
[FR Doc. 2010-29103 Filed 11-17-10; 8:45 am]
BILLING CODE 3410-22-P