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]


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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.

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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
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