Competitive and Noncompetitive Non-Formula Federal Assistance Programs-General Award Administrative Provisions and Specific Administrative Provisions, 6411-6418 [2016-02213]
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6411
Rules and Regulations
Federal Register
Vol. 81, No. 25
Monday, February 8, 2016
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
National Institute of Food and
Agriculture
7 CFR Part 3430
RIN 0524–AA58
FOR FURTHER INFORMATION CONTACT:
Competitive and Noncompetitive NonFormula Federal Assistance
Programs—General Award
Administrative Provisions and Specific
Administrative Provisions
National Institute of Food and
Agriculture, USDA.
ACTION: Final rule.
AGENCY:
The National Institute of Food
and Agriculture (NIFA) is publishing as
a final rule, a set of general and specific
administrative requirements applicable
to competitive and non-competitive
non-formula programs. The purpose of
this final rule is to implement sections
of the Agriculture Act of 2014 making
it necessary to modify the general
administrative provisions as well as
specific grant programs. The purpose of
the final rule also is to adopt as final
interim administrative provisions.
Although this final rule becomes
effective on the date of publication,
NIFA is requesting comments for a 60day period. See the ADDRESSES section
for instructions for submitting
comments.
SUMMARY:
This final rule becomes effective
on February 8, 2016.
ADDRESSES: You may submit comments
by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: policy@nifa.usda.gov.
Include docket number NIFA–2016–001
in the subject line of the message.
3. Fax: 202–401–7752.
4. Mail: Paper, disk or CD–ROM
submissions should be submitted to:
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DATES:
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Policy and Oversight Division, National
Institute of Food and Agriculture, U.S.
Department of Agriculture, STOP 2201,
1400 Independence Avenue SW.,
Washington, DC 20250–2201.
5. Hand Delivery/Courier: Policy and
Oversight Division, National Institute of
Food and Agriculture, U.S. Department
of Agriculture, Room 2304, Waterfront
Centre, 800 9th Street SW., Washington,
DC 20024.
Instructions: All comments received
must include the agency name and
reference to docket number NIFA–2016–
001. All comments received will be
posted to https://www.regulations.gov,
including any personal information
provided.
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Maria Koszalka, Division Director,
Policy and Oversight Division, Phone:
202–401–4325, Email: maria.koszalka@
nifa.usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Summary
Authority
This rulemaking is authorized by
section 1470 of the National
Agricultural Research, Extension, and
Teaching Policy Act of 1977
(NARETPA), as amended, 7 U.S.C. 3316.
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. The awards made under the
above authority are subject to the NIFA
assistance regulations at 7 CFR part
3430, Competitive and Noncompetitive
Non-formula Federal Assistance
Programs—General Award
Administrative Provisions. NIFA’s
development and publication of this
regulation 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 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
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Innovation Research programs with
implementing regulations at 7 CFR part
3403, and the Veterinary Medicine Loan
Repayment Program (VMLRP), 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 programs.
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,
(7) matching requirements, and (8)
duration of grant. 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
making minor additions to Subparts A—
General Information, B—Pre-award:
Solicitation and Application, and E—
Post-Award and Closeout of the
administrative provisions in order to
meet the new matching requirements
and the application process for NonLand-Grant College of Agriculture
designation identified in the Agriculture
Act of 2014 (Pub. L. 113–79 or the 2014
Farm Bill). In addition, sections of the
2014 Farm Bill make it necessary to
modify administrative provisions for
specific grant programs located in
Subparts F, G, H, J and O. The
rulemaking also will serve to finalize
the administrative provisions located in
Subpart I and to add a new Subpart L.
Further details of these program-specific
subparts are as follows.
Subpart F of 7 CFR Part 3430
Subpart F contains the administrative
provisions for the Specialty Crop
Research Initiative (SCRI). The purpose
of SCRI is to address the critical needs
of the specialty crop industry by
developing and disseminating sciencebased tools to address needs of specific
crops and their regions. Specialty crops
are defined as fruits and vegetables, tree
nuts, dried fruits, and horticulture and
nursery crops (including floriculture).
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Subpart G of 7 CFR Part 3430
Subpart G contains the administrative
provisions for the Agriculture and Food
Research Initiative (AFRI). The purpose
of AFRI is to make competitive grants
for fundamental and applied research,
extension, and education to address
food and agricultural sciences, as
defined under section 1404 of the
National Agriculture Research,
Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103).
Subpart H of 7 CFR Part 3430
Subpart H contains the administrative
provisions for the Organic Agriculture
Research and Extension Initiative OREI)
program. The OREI program is a
competitive grant program that supports
research and extension activities
regarding organically grown and
processed agricultural commodities in
accordance with congressionally
determined purposes. This program
funds projects that will enhance the
ability of producers and processors who
have already adopted organic standards
to grow and market high quality organic
agricultural products. Priority concerns
include biological, physical, and social
sciences, including economics.
Subpart I of 7 CFR Part 3430
Subpart I contains the administrative
provisions for the Integrated Research,
Education, and Extension Competitive
Grants (406) Program. The 406 program
provides funding for integrated,
multifunctional agricultural research,
extension, and education activities.
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Subpart J of 7 CFR Part 3430
Subpart J contains the administrative
provisions for the Beginning Farmer and
Rancher Development Program
(BFRDP). BFRDP is a beginning farmer
and rancher development program that
provides local and regional training,
education, outreach, mentoring and
technical assistance initiatives for
individuals who have not operated a
farm or ranch, or have operated a farm
or ranch for less than ten years. Grants
are awarded on a competitive basis in
accordance with legislatively
determined focus areas.
Subpart L of 7 CFR Part 3430
Administrative provisions for the
Capacity Building Grants for Non-Land
Grant Colleges of Agriculture Program
(NLGCA) are being added to Subpart L.
NLGCA is a competitive program to
assist the NLGCA Institutions in
maintaining and expanding the capacity
to conduct education, research, and
outreach activities relating to
agriculture, renewable resources, and
other similar disciplines.
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Subpart O of 7 CFR Part 3430
The administrative provisions for the
Sun Grant Program are in Subpart O.
The purpose of the Sun Grant Program
is to provide a consortium of
universities with a grant to support a
North-Central, Southeastern, SouthCentral, Western, and Northeastern Sun
Grant Center and a Western Insular
Pacific Subcenter for the purpose of
enhancing national energy security
through the development, distribution,
and implementation of biobased energy
technologies; promoting diversification
in, and the environmental sustainability
of, agricultural production in the United
States through biobased energy and
product technologies; promoting
economic diversification in rural areas
of the United States through biobased
energy and product technologies; and
enhancing the efficiency of bioenergy
and biomass research and development
programs through improved
coordination and collaboration among
the Department of Agriculture, other
appropriate Federal agencies (as
determined by the Secretary), and Land
Grant Institutions.
Definitions of Merit Review and
Scientific Peer Review
Section 7301 of the 2014 Farm Bill
amended section 103(a)(2) of the
Agricultural Research, Extension, and
Education Reform Act of 1998 (7
U.S.C. 7613(a)(2)) by adding relevance
as part of merit review and extended the
review to include agricultural research
grants. Given the 7 CFR part 3430
definitions of merit review and
scientific peer review already include
relevance and encompass research,
modifications to the administrative
provisions for these 2014 Farm Bill
items are not planned; however, input is
welcomed.
II. Response to Comments and
Revisions Included in the Final Rule
Subparts A, B, and E
Matching—Currently, 7 CFR 3430.52,
identifies that ‘‘the required percentage
of matching, type of matching (e.g., cash
and/or in-kind contributions), sources of
match (e.g., non-Federal), and whether
NIFA has any authority to waive the
match will be specified in the subpart
applicable to the specific Federal
assistance program, as well as in the
RFA.’’ This section will be modified to
include the matching requirement of
Section 7128 of the 2014 Farm Bill and
the related exclusions and waivers, as
appropriate.
Non-Land-Grant Designation—Since
the non-land-grant designation affects
an institution’s eligibility for some NIFA
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funding, the plan is to modify § 3430.16,
eligibility requirements, to identify the
process to request NIFA’s consideration
(e.g., where, when, how) for non-landgrant designation, notification of NIFA’s
decision, timing, and termination of a
non-land-grant declaration.
Merit Review—The 2014 Farm Bill
also addresses merit review.
Specifically, it adds ‘‘relevance’’ of
research projects as part of their merit
review, includes ‘‘research,’’ and
increases the involvement of the
Advisory Board. Given the definitions of
merit review and scientific peer review
already include relevance and
encompass research, modifications to 7
CFR part 3430 for these 2014 Farm Bill
items are not planned, but rather, will
be addressed in the preamble instead of
the final rule.
Subpart F
Section 7306 of the 2014 Farm Bill
introduced changes to the Specialty
Crop Research Initiative that require
administrative revisions to the
regulation governing the program.
Subpart G
Section 7404 of the 2014 Farm Bill
amended the priority areas for the AFRI
program making it necessary to modify
the program’s administrative provisions.
Subpart H
As a result of the Food, Conservation,
and Energy Act of 2008 (2008 Farm
Bill), NIFA published an interim final
rule on September 9, 2010 (75 FR
54759). In response to the interim final
rule, OREI received one comment from
a professional organization, the Organic
Farming Research Foundation (OFRF),
who objected to the purpose and
definition of Subpart H—OREI (7 U.S.C.
5925b) and recommended that the
purpose and definitions be expanded to
include education components. We
note, that in regards to OFRF’s
recommendation to modify the
‘‘purpose’’ and ‘‘definition’’ to include
education components, Section 7211 of
the 2014 Farm Bill has generated the
necessary change to accommodate the
OFRF comment recommendation and
NIFA will be making changes consistent
with the comment and the 2014 Farm
Bill. Additionally, through this final
rule, NIFA will finalize the Subpart H
portion of the interim final rule
published on September 9, 2010 and
will make the changes necessitated by
the 2014 Farm Bill.
Subpart I
On September 9, 2010 (75 FR 54759)
NIFA published an interim rule where
NIFA proposed adding three subparts
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including Subpart I with a 60-day
comment period. Subpart I included the
standard elements of a subpart
including applicability, purpose,
definitions, eligibility, project types and
priorities, funding restrictions, and
matching requirements for the 406
program. No comments were received
for Subpart I. Through this final rule,
NIFA adopts Subpart I portion of the
interim final rule published on
September 9, 2010, as final without
change.
Subpart J
Section 7409 of the 2014 Farm Bill
introduced changes to the BFRDP to, for
example, address new priorities and
broaden the community of potential
beneficiaries. These changes require
administrative revisions to the
regulation. These regulations apply to
all recipients of Federal funds under the
BFRDP. The proposed changes are
intended to provide clear, transparent,
and consistent guidance to stakeholders
and potential applicants and recipients.
For instance, the 2014 Farm Bill added
emphasis for projects serving military
veterans who wish to begin a career in
agriculture, updated the focus areas that
funded programs and services will
address, and expanded the class of
entities with experience in new
agricultural producer training and
outreach to which NIFA will give
priority.
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Subpart L
Section 7138 of the 2008 Farm Bill
established the NLGCA program.
Administrative provisions have not yet
been established for the program. NIFA
will establish administrative provisions
in Subpart L for the program following
the subpart template which, at a
minimum, is to include: (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.
Subpart O
Section 7516 of the 2014 Farm Bill
introduced changes to the Sun Grant
Program that require administrative
revisions to the regulation governing the
program.
III. Administrative Requirements for
the Rulemaking
This rule concerns matters relating to
‘grants, benefits, or contracts,’ 5 U.S.C.
553(a)(2), and is therefore exempt from
the requirement of prior notice and
comment.
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Executive Order 12866
This action has been determined to be
not significant for purposes of Executive
Order 12866.
Regulatory Flexibility Act of 1980
This final 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
certifies that this final regulation will
not have a significant economic impact
on a substantial number of small
entities. This final regulation will affect
institutions of higher education
receiving Federal funds under this
program. The U.S. Small Business
Administration Size Standards define
institutions as ‘‘small entities’’ if they
are for-profit or nonprofit institutions
with total annual revenue below
$5,000,000 or if they are institutions
controlled by governmental entities
with populations below 50,000. 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
final 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 final rule does not
impose any new information
requirements or increase the burden
hours. In addition to the SF–424 form
families (i.e., Research and Related and
Mandatory) and the SF–425 Federal
Financial Report (FFR) No. 0348–0061,
NIFA has three currently approved
OMB information collections associated
with this rulemaking: OMB Information
Collection No. 0524–0042, NIFA
REEport; No. 0524–0041, NIFA
Application Review Process; and No.
0524–0026, Organizational Information.
Catalog of Federal Domestic Assistance
This final regulation applies to the
following Federal financial assistance
programs administered by NIFA
including CFDA No. 10.309, Specialty
Crop Research Initiative; CFDA No.
10.307, Organic Agriculture Research
and Extension Initiative; CFDA No.
10.303, Integrated Research, Education,
and Extension Competitive Grants
Program; CFDA No. 10.310, Agriculture
and Food Research Initiative (AFRI);
CFDA No. 10.311, Beginning Farmer
and Rancher Development Program;
CFDA No. 10.326, Capacity Building for
Non-Land Grant Colleges of Agriculture;
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and CFDA No. 10.320, Sun Grant
Program.
Unfunded Mandates Reform Act of 1995
and Executive Order 13132
The Department has reviewed this
final 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.
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
final rule easier to understand.
List of Subjects in 7 CFR Part 3430
Administrative practice and
procedure, Agricultural research,
Education, Extension, Federal
assistance.
Accordingly, the Department of
Agriculture, National Institute of Food
and Agriculture, adopts the interim rule
amending 7 CFR part 3430 which was
published at 75 FR 54759 on September
9, 2010, as a final rule with the
following changes:
PART 3430—COMPETITIVE AND
NONCOMPETITIVE NON-FORMULA
FEDERAL ASSISTANCE PROGRAMS—
GENERAL AWARD ADMINISTRATIVE
PROVISIONS
1. The authority citation 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 A—General
2. In § 3430.2, add a definition in
alphabetical order for ‘‘Certification of
Non-Land-Grant College of Agriculture
status’’ to read as follows:
■
§ 3430.2
Definitions.
*
*
*
*
*
Certification of Non-Land-Grant
College of Agriculture status means an
institution that followed NIFA’s Process
for Non-Land Grant College of
Agriculture (NLGCA) Designation and
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received a certification of NLGCA
designation from NIFA (see
§ 3430.16(c)).
*
*
*
*
*
Subpart B—Pre-Award: Solicitation
and Application
3. In § 3430.16, add paragraph (d) to
read as follows:
■
§ 3430.16
Eligibility requirements.
*
*
*
*
*
(d) Certification of NLGCA status.
NIFA will make publically available
(e.g., Federal Register) the process
through which institutions may apply
for designation as a NLGCA. The public
notice will, at a minimum, include
NLGCA criteria, instructions on how to
request designation, information about
how NIFA will respond to requests, and
termination of NLGCA status.
Subpart E—Post-Award and Closeout
4. In § 3430.52, add paragraphs (a)(1)
and (2) to read as follows:
■
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§ 3430.52
Cost sharing and matching.
(a) * * *
(1) A recipient of a NIFA competitive
grant programs that are awarded under
a covered law provided in section 3371
of under the National Agricultural
Research, Extension, and Teaching
Policy Act of 1977 must provide funds,
in-kind contributions, or a combination
of both, from sources other than funds
provided through such grant in an
amount that is at least equal to the
amount awarded by NIFA unless an
exception applies. NIFA will determine
program applicability of this match and
include in the RFA for those programs:
The match requirement, exceptions,
waivers, and any other information
necessary to determine applicability of
the match requirement. In accordance
with section 1492 of the National
Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C.
3371), as added by section 7128 of the
Agricultural Act of 2014 (Pub. L. 113–
79), for grants awarded after October 1,
2014, the recipient of an award must
provide funds, in-kind contributions, or
a combination of both, from sources
other than funds provided through such
grant in an amount that is at least equal
to the amount awarded by NIFA unless
one of the exemptions described herein
is applicable.
(2) The matching funds requirement
does not apply to grants awarded:
(i) To a research agency of the United
States Department of Agriculture
(USDA); or
(ii) To an entity eligible to receive
funds under a capacity and
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infrastructure program (as defined in
section 251(f)(1)(C) of the Department of
Agriculture Reorganization Act of 1994,
7 U.S.C. 6971(f)(1)(C)), including a
partner of such an entity. Entities
eligible to receive funds under a
capacity and infrastructure program and
exempt from the matching funds
requirement include:
(A) 1862 Land-grant Institutions,
including State Agricultural Experiment
Stations receiving funding under the
Hatch Act of 1887;
(B) 1890 Land-grant Institutions;
(C) 1994 Land-grant Institutions;
(D) Entities eligible to receive funds
under the of Continuing Animal Health
and Disease, Food Security, and
Stewardship Research, Education, and
Extension Program Funds—Capacity
and Infrastructure Program (CIP);
(E) Hispanic-Serving Agricultural
Colleges and Universities (HSACU);
(F) Insular Area Schools Eligible to
Receive Funds from the Distance
Education/Resident Instruction Grant
Programs;
(G) Entities eligible to receive funds
under the of McIntire-Stennis
Cooperative Forestry Program Funds;
(H) Non-Land Grant Colleges of
Agriculture (NLGCA)—(for exemption
from the new matching requirement,
these applications must include NLGCA
certification, see instructions for
requesting certifications at https://
www.nifa.usda.gov/form/form.html, and
for attaching the certification in Part IV,
B. of this RFA);
(I) Entities eligible to receive funds
under a program established under
section 1417(b) of the National
Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C.
3152(b)), including:
(1) 1890 Institution Teaching,
Research, and Extension Capacity
Building Grants Program;
(2) Higher Education Challenge Grants
Program;
(3) Higher Education Multicultural
Scholars Program; and
(4) Food and Agricultural Sciences
National Needs Graduate and
Postgraduate Fellowship Grants
Program.
(J) Individual public or private,
nonprofit Alaska Native-Serving and
Native Hawaiian-Serving Institutions of
higher education (see 20 U.S.C. 1059d).
*
*
*
*
*
■ 5. Revise § 3430.54 to read as follows:
§ 3430.54
Indirect costs.
Indirect cost rates for grants and
cooperative agreements shall be
determined in accordance with 2 CFR
part 200, unless superseded by another
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authority. Any restriction on indirect
costs is to be identified in the request
for applications as appropriate. Use of
indirect costs as in-kind matching
contributions is subject to § 3430.52(b).
Subpart F—Specialty Crop Research
Initiative
6. In § 3430.201, revise paragraphs
(a)(1) and (3) and add paragraph (c) to
read as follows:
■
§ 3430.201
Purpose.
(a)* * *
(1) Research in plant breeding,
genetics, genomics, and other methods
to improve crop characteristics, such
as—
*
*
*
*
*
(3) Efforts to improve production
efficiency, handling and processing,
productivity, and profitability over the
long term (including specialty crop
policy and marketing).
*
*
*
*
*
(c) In addition to SCRI grants, NIFA
will make competitive research and
extension grants under the Emergency
Citrus Disease Research and Extension
program (see § 3430.209).
■ 7. In § 3430.202, designate the existing
paragraph as paragraph (a) and add
paragraph (b) to read as follows:
§ 3430.202
Definitions
*
*
*
*
*
(b) The following definitions apply to
§ 3430.209:
Citrus means edible fruit of the family
Rutaceae, including any hybrid of such
fruits and products of such hybrids that
are produced for commercial purposes
in the United States.
Citrus producer means any person
that is engaged in the domestic
production and commercial sale of
citrus in the United States.
■ 8. In § 3430.204:
■ a. Designate the existing paragraph as
paragraph (a);
■ b. Remove the second sentence of
newly designated paragraph (a); and
■ c. Add paragraph (b).
The addition reads as follows:
§ 3430.204
Project types and priorities.
*
*
*
*
*
(b) In awarding grants under
§ 3430.208, priority will be given to
grants that address the research and
extension priorities established
pursuant to section 1408A of the
National Agricultural Research,
Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3123a).
■ 9. Revise the heading for § 3430.207 to
read as follows:
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§ 3430.207
*
■
Duration of awards.
*
*
*
*
10. Add § 3430.208 to read as follows:
§ 3430.208
Review of applications.
In addition to the scientific peer
review (see § 3430.33), NIFA will
regularly conduct a panel of specialty
crop industry representatives to review
and rank applications for merit,
relevance and impact.
■ 11. Add § 3430.209 to read as follows:
§ 3430.209 Emergency Citrus Disease
Research and Extension Program.
The purpose of this program is to
award competitive grants to:
(a) Conduct scientific research and
extension activities, technical
assistance, and development activities
to combat citrus diseases and pests, both
domestic and invasive, which pose
imminent harm to the United States
citrus production and threaten the
future viability of the citrus industry,
including huanglongbing and the Asian
Citrus Psyllid; and
(b) Provide support for the
dissemination and commercialization of
relevant information, techniques, and
technologies discovered pursuant to
research and extension activities funded
through—
(1) The emergency citrus disease
research and extension program; or
(2) Other research and extension
projects intended to solve problems
caused by citrus production diseases
and invasive pests.
Subpart G—Agriculture and Food
Research Initiative
12. In § 3430.309:
a. In paragraph (b)(7), remove ‘‘and’’
from the end;
■ b. In paragraph (b)(8), remove the
period from the end and add a
semicolon in its place;
■ c. Add paragraphs (b)(9) and (10);
■ d. In paragraph (d) introductory text,
remove ‘‘Renewable energy’’ and add in
its place ‘‘Bioenergy’’;
■ e. Redesignate paragraphs (d)(4), (5),
and (6) as paragraphs (d)(5), (6), and (7),
respectively, and add new paragraph
(d)(4);
■ f. In paragraph (f) introductory text,
add ‘‘economics,’’ after ‘‘trade’’;
■ g. Redesignate paragraphs (f)(5) and
(6) as paragraphs (f)(6) and (7),
respectively, and add new paragraph
(f)(5).
The additions read as follows:
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Priority areas.
*
*
*
*
*
(b) * * *
(9) The research and development of
surveillance methods, vaccines,
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Subpart H—Organic Agriculture
Research and Extension Initiative
13. In § 3430.401, revise paragraphs
(a), (b)(1), (b)(2), and (b)(6) to read as
follows:
■
§ 3430.401
■
■
§ 3430.309
vaccination delivery systems, or
diagnostic tests for pests and diseases,
including—
(i) Epizootic diseases in domestic
livestock (including deer, elk, bison,
and other animals of the family
Cervidae); and
(ii) Zoonotic diseases (including
bovine brucellosis and bovine
tuberculosis) in domestic livestock or
wildlife reservoirs that present a
potential concern to public health; and
(10) The identification of animal drug
needs and the generation and
dissemination of data for safe and
effective therapeutic applications of
animal drugs for minor species and
minor uses of such drugs in major
species.
*
*
*
*
*
(d) * * *
(4) The effectiveness of conservation
practices and technologies designed to
address nutrient losses and improve
water quality;
*
*
*
*
*
(f) * * *
(5) The economic costs, benefits, and
viability of producers adopting
conservation practices and technologies
designed to improve water quality;
*
*
*
*
*
Purpose.
(a) The purpose of this program is to
make competitive grants, in
consultation with the Advisory Board,
to support research, education and
extension activities regarding
organically grown and processed
agricultural commodities.
(b) * * *
(1) Facilitating the development and
improvement of organic agriculture
production, breeding, and processing
methods;
(2) Evaluating the potential economic
benefits of organic agricultural
production and methods to producers,
processors, and rural communities;
*
*
*
*
*
(6) Conducting advanced on-farm
research and development that
emphasizes observation of,
experimentation with, and innovation
for working organic farms, including
research relating to production,
marketing, food safety, socioeconomic
conditions, and farm business
management;
*
*
*
*
*
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§ 3430.402
■
6415
[Removed and Reserved]
14. Remove and reserve § 3430.402.
Subpart J—Beginning Farmer and
Rancher Development Program
15. In § 3430.603, revise paragraph (c)
to read as follows:
■
§ 3430.603
Eligibility.
*
*
*
*
*
(c) A community-based or
nongovernmental organization;
*
*
*
*
*
■ 16. In § 3430.604, revise paragraphs
(a)(1) through (14) to read as follows:
§ 3430.604
Project types and priorities.
(a) * * *
(1) Basic livestock, forest
management, and crop farming
practices;
(2) Innovative farm, ranch, and
private, nonindustrial forest land
transfer strategies;
(3) Entrepreneurship and business
training;
(4) Financial and risk management
training (including the acquisition and
management of agricultural credit);
(5) Natural resource management and
planning;
(6) Diversification and marketing
strategies;
(7) Curriculum development;
(8) Mentoring, apprenticeships, and
internships;
(9) Resources and referral;
(10) Farm financial benchmarking;
(11) Assisting beginning farmers or
ranchers in acquiring land from retiring
farmers and ranchers;
(12) Agricultural rehabilitation and
vocational training for veterans;
(13) Farm safety and awareness; and
(14) Other similar subject areas of use
to beginning farmers or ranchers.
*
*
*
*
*
§ 3430.605
[Amended]
17. In § 3430.605, in paragraph (b),
revise the reference ‘‘§ 3430.5460’’ to
read ‘‘§ 3430.54.’’
■ 18. In § 3430.608, revise paragraph (b)
to read as follows:
■
§ 3430.608
Review criteria.
*
*
*
*
*
(b) Partnership and collaboration. In
making awards under this subpart,
NIFA shall give priority to partnerships
and collaborations that are led by or
include nongovernmental, and
community-based organizations, and
school-based agricultural educational
organizations with expertise in new
agricultural producer training and
outreach.
*
*
*
*
*
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19. In § 3430.609, revise paragraph (a)
and in paragraphs (c) and (d), remove
the phrase ‘‘and an award for an
educational enhancement team project’’.
The revision reads as follows:
■
§ 3430.609
Other considerations.
(a) Set aside. (1) Not less than 5
percent of the funds used to carry out
this subsection for a fiscal year shall be
used to support programs and services
that address the needs of—
(i) Limited resource beginning farmers
or ranchers (see 3430.602);
(ii) Socially disadvantaged farmers or
ranchers (as defined in section 355(e) of
the Consolidated Farm and Rural
Development Act (7 U.S.C. 2003(e)) who
are beginning farmers or ranchers; and
(iii) Farmworkers desiring to become
farmers or ranchers.
(2) Each fiscal year, NIFA shall set
aside not less than 5 percent of the
funds to support the standard BFRDP
projects under this subpart to support
programs and services that address the
needs of veteran farmers and ranchers
(as defined in section 2501(e) of the
Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279(e)).
Recipients of these funds may
coordinate with a recipient of an award
under section 1680 of the Food,
Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5933) in
addressing the needs of veteran farmers
and ranchers with disabilities.
*
*
*
*
*
■ 20. Add subpart L to read as follows:
Subpart L—Capacity Building Grants
for Non-Land Grant Colleges of
Agriculture Program
Sec.
3430.800
3430.801
3430.802
3430.803
3430.804
3430.805
3430.806
3430.807
Applicability.
Purpose.
Definitions.
Eligibility.
Project types and priorities.
Funding restrictions.
Matching requirements.
Duration of grant.
Authority: 7 U.S.C. 3316; Pub. L. 106–107
(31 U.S.C. 6101 note).
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§ 3430.800
Applicability.
The regulations in this subpart apply
to the program authorized under section
1473F of the National Agricultural
Research, Extension, and Teaching
Policy Act of 1977 (NARETPA), as
added by section 7138 of the Food,
Conservation, and Energy Act of 2008,
(7 U.S.C. 3319i).
§ 3430.801
Purpose.
The purpose of this program is to
make competitive grants to Non Land
Grant Colleges of Agriculture (NLGCA)
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Institutions to assist the NLGCA
Institutions in maintaining and
expanding the capacity to conduct
education, research, and outreach
activities relating to agriculture,
renewable resources, and other similar
disciplines.
§ 3430.802
Definitions.
The definitions applicable to the
program under this subpart include:
Capacity building means enhancing
and strengthening the quality and depth
of an institution’s research and
academic programs as evidenced by its:
faculty expertise, scientific and
technical resources, research
environment, curriculum, student
experiential learning opportunities,
scientific instrumentation, library
resources, academic standing and racial,
ethnic, or gender diversity of its faculty
and student body, faculty and student
recruitment and retention programs, and
organizational structures and reward
systems for attracting and retaining firstrate research and teaching faculty or
students.
Citizen or national of the United
States means:
(1) A citizen or native resident of a
State; or,
(2) A person defined in the
Immigration and Nationality Act, 8
U.S.C. 1101(a) (22), who, though not a
citizen of the United States, owes
permanent allegiance to the United
States.
Eligible participant means an
individual who is a citizen or national
of the United States as defined in this
section.
Food and agricultural sciences means
basic, applied, and developmental
research, extension, and teaching
activities in food and fiber, agricultural,
renewable energy and natural resources,
forestry, and physical and social
sciences, including activities relating to
the following:
(1) Animal health, production, and
well-being.
(2) Plant health and production.
(c) Animal and plant germ plasm
collection and preservation.
(3) Aquaculture.
(4) Food safety.
(5) Soil, water, and related resource
conservation and improvement.
(6) Forestry, horticulture, and range
management.
(7) Nutritional sciences and
promotion.
(8) Farm enhancement, including
financial management, input efficiency,
and profitability.
(9) Home economics (Family and
Consumer Sciences).
(10) Rural human ecology.
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(11) Youth development and
agricultural education, including 4–H
clubs.
(12) Expansion of domestic and
international markets for agricultural
commodities and products, including
agricultural trade barrier identification
and analysis.
(13) Information management and
technology transfer related to
agriculture.
(14) Biotechnology related to
agriculture.
(15) The processing, distributing,
marketing, and utilization of food and
agricultural products. (7 U.S.C. Section
3103).
Joint project proposal means:
(1) An application for a project:
(i) Which will involve the applicant
institution working in cooperation with
one or more other entities not legally
affiliated with the applicant institution,
including other schools, colleges,
universities, community colleges, junior
colleges, units of State government,
private sector organizations, or a
consortium of institutions; and
(ii) Where the applicant institution
and each cooperating entity will assume
a significant role in the conduct of the
proposed project.
(2) To demonstrate a substantial
involvement with the project, the
applicant institution/organization
submitting a joint project proposal must
retain at least 30 percent but not more
than 70 percent of the awarded funds
and no cooperating entity may receive
less than 10 percent of awarded funds.
Only the applicant institution must
meet the definition of an eligible
institution/organization as specified in
this RFA; other entities participating in
a joint project proposal are not required
to meet the definition of an eligible
institution/organization.
Large-scale, Comprehensive Initiative
(LCI) project proposal means:
(1) An application for a project:
(i) Which will involve the applicant
institution/organization working in
cooperation with two or more other
entities not legally affiliated with the
applicant institution, including other
schools, colleges, universities,
community colleges, junior colleges,
units of State government, private sector
organizations, or a consortium of
institutions; and
(ii) Where the applicant institution
and each cooperating entity will assume
a significant role in the conduct of the
proposed project.
(2) To demonstrate a substantial
involvement with the project, the
applicant institution/organization
submitting a LCI proposal must retain at
least 30 percent but not more than 70
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Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations
percent of the awarded funds and no
cooperating entity may receive less than
10 percent of awarded funds. Only the
applicant institution must meet the
definition of an eligible institution as
specified in this RFA; other entities
participating in a joint project proposal
are not required to meet the definition
of an eligible institution. LCI Project
Proposals must support a multi-partner
approach to solving a major state or
regional challenge in agricultural
sciences education at the postsecondary
level. LCI Project Proposals are
characterized by multiple partners (each
providing a specific expertise) organized
and led by a strong applicant with
documented project management ability
to organize and carry out the initiative.
Non-land-grant college of agriculture
(NLGCA) means a public college or
university offering a baccalaureate or
higher degree in the study of agriculture
or forestry. The terms ‘‘NLGCA
Institution’’ and ‘‘non-land-grant college
of agriculture’’ do not include:
(1) Hispanic-serving agricultural
colleges and universities; or
(2) Any institution designated under:
a. the Act of July 2, 1862 (commonly
known as the ‘‘First Morrill Act’’; 7
U.S.C. 301 et seq., or the ‘1862 Land
Grants’);
(3) The Act of August 30, 1890
(commonly known as the ‘‘Second
Morrill Act’’) (7 U.S.C. 321 et seq., or
the ‘1890 Land Grants’);
(4) The Equity in Educational LandGrant Status Act of 1994 (Public Law
103–382; 7 U.S.C. 301 note, or the ‘1994
or Tribal Colleges Land Grants’); or
(5) Public Law 87–788 (commonly
known as the ‘‘McIntire-Stennis
Cooperative Forestry Act’’) (16 U.S.C.
582a et seq.).
Outcomes means specific, measurable
project results and benefits that, when
assessed and reported; indicate the
project’s plan of operation has been
achieved. Measurable outcomes include:
(1) Results are intended or
unintended consequences of the project,
(e.g., ‘‘. . . additional course materials
now available online to reinforce
student learning during non-classroom
hours’’);
(2) Products may be actual items or
services acquired with funds, (e.g.,
‘‘. . . mechanisms and content to
transition existing course(s) or elements
of course(s) for Web-based access’’ or
‘‘created new and innovative prevention
and intervention initiatives’’); and
(3) Impacts are a measure of the
results by comparing what might have
happened in the absence of the funded
project, (e.g., ‘‘. . . an observed, overall
increase in student learning based upon
8% higher average test scores of those
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students who both attended class and
used the supplemental, Web-based
course materials’’.)
Regular project proposal means a
proposal for a project:
(1) Where the applicant institution
will be the sole entity involved in the
execution of the project; or
(2) Which will involve the applicant
institution and one or more other
entities, but where the involvement of
the other entity(ies) does not meet the
requirements for a joint project proposal
as defined in this section.
Sustainable Agriculture means an
integrated system of plant and animal
production practices having a sitespecific application that will, over the
long-term—
(1) Satisfy human food and fiber
needs;
(2) Enhance environmental quality
and the natural resource base upon
which the agriculture economy
depends;
(3) Make the most efficient use of
nonrenewable resources and on-farm
resources and integrate, where
appropriate, natural biological cycles
and controls;
(4) Sustain the economic viability of
farm operations; and
(5) Enhance the quality of life for
farmers and society as a whole.
Teaching and education mean formal
classroom instruction, laboratory
instruction, and practicum experience
in the food and agricultural sciences
and matters relating thereto (such as
faculty development, student
recruitment and services, curriculum
development, instructional materials
and equipment, and innovative teaching
methodologies) conducted by colleges
and universities offering baccalaureate
or higher degrees.
§ 3430.803
Eligibility.
(a) Institution eligibility. Applications
may only be submitted by a NLGCA
institution. For the purposes of this
program, the individual branches of a
State college or university that are
separately accredited as degree-granting
institutions are treated as separate
institutions, and are therefore eligible to
apply for NLGCA Program awards.
Separate branches or campuses of a
college or university that are not
individually accredited as degreegranting institutions are not treated as
separate institutions, and are therefore
not eligible to submit an application.
Accreditation must be conferred by an
agency or association recognized by the
Secretary of the U.S. Department of
Education.
(b) Teacher or student eligibility. A
teacher or student recipient receiving
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6417
Federal funds from this grants program
must be an eligible participant. Where
eligibility is claimed under 8 U.S.C.
1101(a)(22), documentary evidence from
the Immigration and Naturalization
Service as to such eligibility must be
made available to NIFA upon request.
§ 3430.804
Project types and priorities.
(a) For each RFA, NIFA may develop
and include the appropriate project
types and focus areas based on the
critical needs identified through
stakeholder input and deemed
appropriate by NIFA.
(b) The RFA will specify which of the
following project types applicants may
submit applications:
(1) Regular project proposal (the
applicant executes the project without
the requirement of sharing grant funds
with other project partners);
(2) Conference/planning grant to
facilitate strategic planning session(s);
(3) Joint project proposal (the
applicant executes the project with
assistance from at least one additional
partner and must share grant funds with
the additional partner(s)); and
(4) Large-scale (state or region)
comprehensive initiatives (LCI)
(Applicant + Two or more Partners).
§ 3430.805
Funding restrictions.
(a) Prohibition against construction.
Grant funds awarded under this
authority may not be used for the
renovation or refurbishment of research,
education, or extension space; the
purchase or installation of fixed
equipment in such space; or the
planning, repair, rehabilitation,
acquisition, or construction of buildings
or facilities.
(b) Prohibition on tuition remission.
Tuition remission, on-campus room and
board, academic fees or other financial
assistance (scholarships or fellowships)
are not allowed.
(c) Promotional items (e.g., T-shirts
and other giveaways) and food functions
(e.g., cookouts or other social or meal
gatherings) are considered
‘entertainment’ expenses, and are,
therefore, also not allowed under this
grants program.
§ 3430.806
Matching requirements.
There are no matching requirements
for grants under this subpart.
§ 3430.807
Duration of grant.
The term of a Federal assistance
award made for a NLGCA project shall
not exceed 5 years. No-cost extensions
of time beyond the maximum award
terms will not be considered or granted.
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Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations
Subpart O—Sun Grant Program
DEPARTMENT OF AGRICULTURE
§ 3430.1001
Rural Housing Service
[Amended]
21. In § 3430.1001, in paragraph (d),
remove the words ‘‘the Department of
Energy’’ and add in their place ‘‘other
appropriate Federal agencies (as
determined by the Secretary)’’.
■
§ 3430.1002
7 CFR Part 3555
RIN 0575–AC18
Single Family Housing Guaranteed
Loan Program
[Amended]
Rural Housing Service, USDA.
Final rule.
22. In § 3430.1002, remove the
definition for the term ‘‘gasification.’’
AGENCY:
§ 3430.1003
SUMMARY:
■
ACTION:
24. In § 3430.1004, in paragraph (a)(1),
remove the words ‘‘multistate research,
extension, and education programs on
technology development and multiinstitutional and multistate integrated
research, extension, and education
programs on technology
implementation’’ and add in their place
the words ‘‘integrated, multistate
research, extension, and education
programs on technology development
and technology implementation’’.
This final rule follows
publication of the December 9, 2013,
interim final rule and makes changes in
response to public comment and further
consideration of certain issues by the
Rural Housing Service (RHS or Agency)
to the Single Family Housing
Guaranteed Loan Program (SFHGLP).
The changes made by this final rule are
designed to further improve and clarify
Agency instructions while strengthening
and enhancing the SFHGLP process by
reducing regulations, improving
customer service to achieve greater
efficiency, flexibility and effectiveness.
This rule will allow RHS to manage the
program more effectively and reduce
SFHGLP risk of loss.
DATES: This rule is effective on March 9,
2016.
FOR FURTHER INFORMATION CONTACT:
Lilian Lipton, Finance and Loan
Analyst, Single Family Housing
Guaranteed Loan Division, STOP 0784,
Room 2250, USDA Rural Development,
South Agriculture Building, 1400
Independence Avenue SW.,
Washington, DC 20250–0784, telephone:
(202) 720–1452, email is lilian.lipton@
wdc.usda.gov.
§ 3430.1005
SUPPLEMENTARY INFORMATION:
[Amended]
23. In § 3430.1003:
a. In paragraph (a)(1), remove the
words ‘‘at South Dakota State
University’’;
■ b. In paragraph (a)(2), remove the
words ‘‘at University of Tennessee at
Knoxville’’;
■ c. In paragraph (a)(3), remove the
words ‘‘at Oklahoma State University’’;
■ d. In paragraph (a)(4), remove the
words ‘‘at Cornell University’’;
■ e. In paragraph (a)(5), remove the
words ‘‘at Oregon State University’’; and
■ f. In paragraph (a)(6), remove the
words ‘‘at the University of Hawaii’’.
■
■
§ 3430.1004
[Amended]
■
[Amended]
25. In § 3430.1005, in paragraph (b),
remove the words ‘‘each of the five
Centers’’ and add in their place the
words ‘‘the Centers’’.
■
Executive Order 12866, Classification
§ 3430.1007
This final rule has been determined to
be non-significant by the Office of
Management and Budget (OMB) under
Executive Order 12866.
[Amended]
26. In § 3430.1007:
a. In the first sentence of paragraph
(a), remove the words ‘‘gasification’’ and
‘‘the Department of Energy’’ and add in
their place the words ‘‘bioproducts’’ and
‘‘other appropriate Federal agencies’’
respectively; and
■ b. Remove the second and third
sentences of paragraph (a).
■ c. Remove and reserve paragraph (b).
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■
■
Done at Washington, DC, this 21 day of
January, 2016.
Sonny Ramaswamy,
Director, National Institute of Food and
Agriculture.
[FR Doc. 2016–02213 Filed 2–5–16; 8:45 am]
BILLING CODE 3410–22–P
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Executive Order 12988, Civil Justice
Reform
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Except where specified, all
State and local laws and regulations that
are in direct conflict with this rule will
be preempted. Federal funds carry
Federal requirements. No person is
required to apply for funding under this
program, but if they do apply and are
selected for funding, they must comply
with the requirements applicable to the
Federal program funds. This rule is not
retroactive. It will not affect agreements
entered into prior to the effective date
of the rule. Before any judicial action
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may be brought regarding the provisions
of this rule, the administrative appeal
provisions of 7 CFR part 11 must be
exhausted.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effect of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
the Agency generally must prepare a
written statement, including a costbenefit analysis, for proposed and final
rules with ‘‘Federal mandates’’ that may
result in expenditures to State, local, or
tribal governments, in the aggregate, or
to the private sector, of $100 million, or
more, in any one year. When such a
statement is needed for a rule, section
205 of the UMRA generally requires the
Agency to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective, or least burdensome
alternative that achieves the objectives
of the rule.
This final rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, and tribal governments or
the private sector. Therefore, this rule is
not subject to the requirements of
sections 202 and 205 of the UMRA.
Environmental Impact Statement
This document has been reviewed in
accordance with 7 CFR part 1940,
subpart G, ‘‘Environmental Program.’’ It
is the determination of the Agency that
this action does not constitute a major
Federal action significantly affecting the
quality of the human environment, and,
in accordance with the National
Environmental Policy Act of 1969,
Public Law 91–190, neither an
Environmental Assessment nor an
Environmental Impact Statement is
required.
Executive Order 13132, Federalism
The policies contained in this rule do
not have any substantial direct effect on
States, on the relationship between the
national government and States, or on
the distribution of power and
responsibilities among the various
levels of government. Nor does this rule
impose substantial direct compliance
costs on State and local governments.
Therefore, consultation with the States
is not required.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) the
undersigned has determined and
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Agencies
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Rules and Regulations]
[Pages 6411-6418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02213]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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========================================================================
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules
and Regulations
[[Page 6411]]
DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture
7 CFR Part 3430
RIN 0524-AA58
Competitive and Noncompetitive Non-Formula Federal Assistance
Programs--General Award Administrative Provisions and Specific
Administrative Provisions
AGENCY: National Institute of Food and Agriculture, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Institute of Food and Agriculture (NIFA) is
publishing as a final rule, a set of general and specific
administrative requirements applicable to competitive and non-
competitive non-formula programs. The purpose of this final rule is to
implement sections of the Agriculture Act of 2014 making it necessary
to modify the general administrative provisions as well as specific
grant programs. The purpose of the final rule also is to adopt as final
interim administrative provisions. Although this final rule becomes
effective on the date of publication, NIFA is requesting comments for a
60-day period. See the ADDRESSES section for instructions for
submitting comments.
DATES: This final rule becomes effective on February 8, 2016.
ADDRESSES: You may submit comments by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: policy@nifa.usda.gov. Include docket number NIFA-2016-001
in the subject line of the message.
3. Fax: 202-401-7752.
4. Mail: Paper, disk or CD-ROM submissions should be submitted to:
Policy and Oversight Division, National Institute of Food and
Agriculture, U.S. Department of Agriculture, STOP 2201, 1400
Independence Avenue SW., Washington, DC 20250-2201.
5. Hand Delivery/Courier: Policy and Oversight Division, National
Institute of Food and Agriculture, U.S. Department of Agriculture, Room
2304, Waterfront Centre, 800 9th Street SW., Washington, DC 20024.
Instructions: All comments received must include the agency name
and reference to docket number NIFA-2016-001. All comments received
will be posted to https://www.regulations.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Maria Koszalka, Division Director,
Policy and Oversight Division, Phone: 202-401-4325, Email:
maria.koszalka@nifa.usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Summary
Authority
This rulemaking is authorized by section 1470 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(NARETPA), as amended, 7 U.S.C. 3316.
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. The awards made under the
above authority are subject to the NIFA assistance regulations at 7 CFR
part 3430, Competitive and Noncompetitive Non-formula Federal
Assistance Programs--General Award Administrative Provisions. NIFA's
development and publication of this regulation 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 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), 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 programs. 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, (7) matching requirements, and (8) duration of
grant. 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 making minor additions to Subparts
A--General Information, B--Pre-award: Solicitation and Application, and
E--Post-Award and Closeout of the administrative provisions in order to
meet the new matching requirements and the application process for Non-
Land-Grant College of Agriculture designation identified in the
Agriculture Act of 2014 (Pub. L. 113-79 or the 2014 Farm Bill). In
addition, sections of the 2014 Farm Bill make it necessary to modify
administrative provisions for specific grant programs located in
Subparts F, G, H, J and O. The rulemaking also will serve to finalize
the administrative provisions located in Subpart I and to add a new
Subpart L. Further details of these program-specific subparts are as
follows.
Subpart F of 7 CFR Part 3430
Subpart F contains the administrative provisions for the Specialty
Crop Research Initiative (SCRI). The purpose of SCRI is to address the
critical needs of the specialty crop industry by developing and
disseminating science-based tools to address needs of specific crops
and their regions. Specialty crops are defined as fruits and
vegetables, tree nuts, dried fruits, and horticulture and nursery crops
(including floriculture).
[[Page 6412]]
Subpart G of 7 CFR Part 3430
Subpart G contains the administrative provisions for the
Agriculture and Food Research Initiative (AFRI). The purpose of AFRI is
to make competitive grants for fundamental and applied research,
extension, and education to address food and agricultural sciences, as
defined under section 1404 of the National Agriculture Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
Subpart H of 7 CFR Part 3430
Subpart H contains the administrative provisions for the Organic
Agriculture Research and Extension Initiative OREI) program. The OREI
program is a competitive grant program that supports research and
extension activities regarding organically grown and processed
agricultural commodities in accordance with congressionally determined
purposes. This program funds projects that will enhance the ability of
producers and processors who have already adopted organic standards to
grow and market high quality organic agricultural products. Priority
concerns include biological, physical, and social sciences, including
economics.
Subpart I of 7 CFR Part 3430
Subpart I contains the administrative provisions for the Integrated
Research, Education, and Extension Competitive Grants (406) Program.
The 406 program provides funding for integrated, multifunctional
agricultural research, extension, and education activities.
Subpart J of 7 CFR Part 3430
Subpart J contains the administrative provisions for the Beginning
Farmer and Rancher Development Program (BFRDP). BFRDP is a beginning
farmer and rancher development program that provides local and regional
training, education, outreach, mentoring and technical assistance
initiatives for individuals who have not operated a farm or ranch, or
have operated a farm or ranch for less than ten years. Grants are
awarded on a competitive basis in accordance with legislatively
determined focus areas.
Subpart L of 7 CFR Part 3430
Administrative provisions for the Capacity Building Grants for Non-
Land Grant Colleges of Agriculture Program (NLGCA) are being added to
Subpart L. NLGCA is a competitive program to assist the NLGCA
Institutions in maintaining and expanding the capacity to conduct
education, research, and outreach activities relating to agriculture,
renewable resources, and other similar disciplines.
Subpart O of 7 CFR Part 3430
The administrative provisions for the Sun Grant Program are in
Subpart O. The purpose of the Sun Grant Program is to provide a
consortium of universities with a grant to support a North-Central,
Southeastern, South-Central, Western, and Northeastern Sun Grant Center
and a Western Insular Pacific Subcenter for the purpose of enhancing
national energy security through the development, distribution, and
implementation of biobased energy technologies; promoting
diversification in, and the environmental sustainability of,
agricultural production in the United States through biobased energy
and product technologies; promoting economic diversification in rural
areas of the United States through biobased energy and product
technologies; and enhancing the efficiency of bioenergy and biomass
research and development programs through improved coordination and
collaboration among the Department of Agriculture, other appropriate
Federal agencies (as determined by the Secretary), and Land Grant
Institutions.
Definitions of Merit Review and Scientific Peer Review
Section 7301 of the 2014 Farm Bill amended section 103(a)(2) of the
Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613(a)(2)) by adding
relevance as part of merit review and extended the review to include
agricultural research grants. Given the 7 CFR part 3430 definitions of
merit review and scientific peer review already include relevance and
encompass research, modifications to the administrative provisions for
these 2014 Farm Bill items are not planned; however, input is welcomed.
II. Response to Comments and Revisions Included in the Final Rule
Subparts A, B, and E
Matching--Currently, 7 CFR 3430.52, identifies that ``the required
percentage of matching, type of matching (e.g., cash and/or in-kind
contributions), sources of match (e.g., non-Federal), and whether NIFA
has any authority to waive the match will be specified in the subpart
applicable to the specific Federal assistance program, as well as in
the RFA.'' This section will be modified to include the matching
requirement of Section 7128 of the 2014 Farm Bill and the related
exclusions and waivers, as appropriate.
Non-Land-Grant Designation--Since the non-land-grant designation
affects an institution's eligibility for some NIFA funding, the plan is
to modify Sec. 3430.16, eligibility requirements, to identify the
process to request NIFA's consideration (e.g., where, when, how) for
non-land-grant designation, notification of NIFA's decision, timing,
and termination of a non-land-grant declaration.
Merit Review--The 2014 Farm Bill also addresses merit review.
Specifically, it adds ``relevance'' of research projects as part of
their merit review, includes ``research,'' and increases the
involvement of the Advisory Board. Given the definitions of merit
review and scientific peer review already include relevance and
encompass research, modifications to 7 CFR part 3430 for these 2014
Farm Bill items are not planned, but rather, will be addressed in the
preamble instead of the final rule.
Subpart F
Section 7306 of the 2014 Farm Bill introduced changes to the
Specialty Crop Research Initiative that require administrative
revisions to the regulation governing the program.
Subpart G
Section 7404 of the 2014 Farm Bill amended the priority areas for
the AFRI program making it necessary to modify the program's
administrative provisions.
Subpart H
As a result of the Food, Conservation, and Energy Act of 2008 (2008
Farm Bill), NIFA published an interim final rule on September 9, 2010
(75 FR 54759). In response to the interim final rule, OREI received one
comment from a professional organization, the Organic Farming Research
Foundation (OFRF), who objected to the purpose and definition of
Subpart H--OREI (7 U.S.C. 5925b) and recommended that the purpose and
definitions be expanded to include education components. We note, that
in regards to OFRF's recommendation to modify the ``purpose'' and
``definition'' to include education components, Section 7211 of the
2014 Farm Bill has generated the necessary change to accommodate the
OFRF comment recommendation and NIFA will be making changes consistent
with the comment and the 2014 Farm Bill. Additionally, through this
final rule, NIFA will finalize the Subpart H portion of the interim
final rule published on September 9, 2010 and will make the changes
necessitated by the 2014 Farm Bill.
Subpart I
On September 9, 2010 (75 FR 54759) NIFA published an interim rule
where NIFA proposed adding three subparts
[[Page 6413]]
including Subpart I with a 60-day comment period. Subpart I included
the standard elements of a subpart including applicability, purpose,
definitions, eligibility, project types and priorities, funding
restrictions, and matching requirements for the 406 program. No
comments were received for Subpart I. Through this final rule, NIFA
adopts Subpart I portion of the interim final rule published on
September 9, 2010, as final without change.
Subpart J
Section 7409 of the 2014 Farm Bill introduced changes to the BFRDP
to, for example, address new priorities and broaden the community of
potential beneficiaries. These changes require administrative revisions
to the regulation. These regulations apply to all recipients of Federal
funds under the BFRDP. The proposed changes are intended to provide
clear, transparent, and consistent guidance to stakeholders and
potential applicants and recipients. For instance, the 2014 Farm Bill
added emphasis for projects serving military veterans who wish to begin
a career in agriculture, updated the focus areas that funded programs
and services will address, and expanded the class of entities with
experience in new agricultural producer training and outreach to which
NIFA will give priority.
Subpart L
Section 7138 of the 2008 Farm Bill established the NLGCA program.
Administrative provisions have not yet been established for the
program. NIFA will establish administrative provisions in Subpart L for
the program following the subpart template which, at a minimum, is to
include: (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.
Subpart O
Section 7516 of the 2014 Farm Bill introduced changes to the Sun
Grant Program that require administrative revisions to the regulation
governing the program.
III. Administrative Requirements for the Rulemaking
This rule concerns matters relating to `grants, benefits, or
contracts,' 5 U.S.C. 553(a)(2), and is therefore exempt from the
requirement of prior notice and comment.
Executive Order 12866
This action has been determined to be not significant for purposes
of Executive Order 12866.
Regulatory Flexibility Act of 1980
This final 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
certifies that this final regulation will not have a significant
economic impact on a substantial number of small entities. This final
regulation will affect institutions of higher education receiving
Federal funds under this program. The U.S. Small Business
Administration Size Standards define institutions as ``small entities''
if they are for-profit or nonprofit institutions with total annual
revenue below $5,000,000 or if they are institutions controlled by
governmental entities with populations below 50,000. 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 final 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 final
rule does not impose any new information requirements or increase the
burden hours. In addition to the SF-424 form families (i.e., Research
and Related and Mandatory) and the SF-425 Federal Financial Report
(FFR) No. 0348-0061, NIFA has three currently approved OMB information
collections associated with this rulemaking: OMB Information Collection
No. 0524-0042, NIFA REEport; No. 0524-0041, NIFA Application Review
Process; and No. 0524-0026, Organizational Information.
Catalog of Federal Domestic Assistance
This final regulation applies to the following Federal financial
assistance programs administered by NIFA including CFDA No. 10.309,
Specialty Crop Research Initiative; CFDA No. 10.307, Organic
Agriculture Research and Extension Initiative; CFDA No. 10.303,
Integrated Research, Education, and Extension Competitive Grants
Program; CFDA No. 10.310, Agriculture and Food Research Initiative
(AFRI); CFDA No. 10.311, Beginning Farmer and Rancher Development
Program; CFDA No. 10.326, Capacity Building for Non-Land Grant Colleges
of Agriculture; and CFDA No. 10.320, Sun Grant Program.
Unfunded Mandates Reform Act of 1995 and Executive Order 13132
The Department has reviewed this final 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.
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 final rule easier to
understand.
List of Subjects in 7 CFR Part 3430
Administrative practice and procedure, Agricultural research,
Education, Extension, Federal assistance.
Accordingly, the Department of Agriculture, National Institute of
Food and Agriculture, adopts the interim rule amending 7 CFR part 3430
which was published at 75 FR 54759 on September 9, 2010, as a final
rule with the following changes:
PART 3430--COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL
ASSISTANCE PROGRAMS--GENERAL AWARD ADMINISTRATIVE PROVISIONS
0
1. The authority citation 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 A--General
0
2. In Sec. 3430.2, add a definition in alphabetical order for
``Certification of Non-Land-Grant College of Agriculture status'' to
read as follows:
Sec. 3430.2 Definitions.
* * * * *
Certification of Non-Land-Grant College of Agriculture status means
an institution that followed NIFA's Process for Non-Land Grant College
of Agriculture (NLGCA) Designation and
[[Page 6414]]
received a certification of NLGCA designation from NIFA (see Sec.
3430.16(c)).
* * * * *
Subpart B--Pre-Award: Solicitation and Application
0
3. In Sec. 3430.16, add paragraph (d) to read as follows:
Sec. 3430.16 Eligibility requirements.
* * * * *
(d) Certification of NLGCA status. NIFA will make publically
available (e.g., Federal Register) the process through which
institutions may apply for designation as a NLGCA. The public notice
will, at a minimum, include NLGCA criteria, instructions on how to
request designation, information about how NIFA will respond to
requests, and termination of NLGCA status.
Subpart E--Post-Award and Closeout
0
4. In Sec. 3430.52, add paragraphs (a)(1) and (2) to read as follows:
Sec. 3430.52 Cost sharing and matching.
(a) * * *
(1) A recipient of a NIFA competitive grant programs that are
awarded under a covered law provided in section 3371 of under the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 must provide funds, in-kind contributions, or a combination of
both, from sources other than funds provided through such grant in an
amount that is at least equal to the amount awarded by NIFA unless an
exception applies. NIFA will determine program applicability of this
match and include in the RFA for those programs: The match requirement,
exceptions, waivers, and any other information necessary to determine
applicability of the match requirement. In accordance with section 1492
of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3371), as added by section 7128 of the
Agricultural Act of 2014 (Pub. L. 113-79), for grants awarded after
October 1, 2014, the recipient of an award must provide funds, in-kind
contributions, or a combination of both, from sources other than funds
provided through such grant in an amount that is at least equal to the
amount awarded by NIFA unless one of the exemptions described herein is
applicable.
(2) The matching funds requirement does not apply to grants
awarded:
(i) To a research agency of the United States Department of
Agriculture (USDA); or
(ii) To an entity eligible to receive funds under a capacity and
infrastructure program (as defined in section 251(f)(1)(C) of the
Department of Agriculture Reorganization Act of 1994, 7 U.S.C.
6971(f)(1)(C)), including a partner of such an entity. Entities
eligible to receive funds under a capacity and infrastructure program
and exempt from the matching funds requirement include:
(A) 1862 Land-grant Institutions, including State Agricultural
Experiment Stations receiving funding under the Hatch Act of 1887;
(B) 1890 Land-grant Institutions;
(C) 1994 Land-grant Institutions;
(D) Entities eligible to receive funds under the of Continuing
Animal Health and Disease, Food Security, and Stewardship Research,
Education, and Extension Program Funds--Capacity and Infrastructure
Program (CIP);
(E) Hispanic-Serving Agricultural Colleges and Universities
(HSACU);
(F) Insular Area Schools Eligible to Receive Funds from the
Distance Education/Resident Instruction Grant Programs;
(G) Entities eligible to receive funds under the of McIntire-
Stennis Cooperative Forestry Program Funds;
(H) Non-Land Grant Colleges of Agriculture (NLGCA)--(for exemption
from the new matching requirement, these applications must include
NLGCA certification, see instructions for requesting certifications at
https://www.nifa.usda.gov/form/form.html, and for attaching the
certification in Part IV, B. of this RFA);
(I) Entities eligible to receive funds under a program established
under section 1417(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3152(b)), including:
(1) 1890 Institution Teaching, Research, and Extension Capacity
Building Grants Program;
(2) Higher Education Challenge Grants Program;
(3) Higher Education Multicultural Scholars Program; and
(4) Food and Agricultural Sciences National Needs Graduate and
Postgraduate Fellowship Grants Program.
(J) Individual public or private, nonprofit Alaska Native-Serving
and Native Hawaiian-Serving Institutions of higher education (see 20
U.S.C. 1059d).
* * * * *
0
5. Revise Sec. 3430.54 to read as follows:
Sec. 3430.54 Indirect costs.
Indirect cost rates for grants and cooperative agreements shall be
determined in accordance with 2 CFR part 200, unless superseded by
another authority. Any restriction on indirect costs is to be
identified in the request for applications as appropriate. Use of
indirect costs as in-kind matching contributions is subject to Sec.
3430.52(b).
Subpart F--Specialty Crop Research Initiative
0
6. In Sec. 3430.201, revise paragraphs (a)(1) and (3) and add
paragraph (c) to read as follows:
Sec. 3430.201 Purpose.
(a)* * *
(1) Research in plant breeding, genetics, genomics, and other
methods to improve crop characteristics, such as--
* * * * *
(3) Efforts to improve production efficiency, handling and
processing, productivity, and profitability over the long term
(including specialty crop policy and marketing).
* * * * *
(c) In addition to SCRI grants, NIFA will make competitive research
and extension grants under the Emergency Citrus Disease Research and
Extension program (see Sec. 3430.209).
0
7. In Sec. 3430.202, designate the existing paragraph as paragraph (a)
and add paragraph (b) to read as follows:
Sec. 3430.202 Definitions
* * * * *
(b) The following definitions apply to Sec. 3430.209:
Citrus means edible fruit of the family Rutaceae, including any
hybrid of such fruits and products of such hybrids that are produced
for commercial purposes in the United States.
Citrus producer means any person that is engaged in the domestic
production and commercial sale of citrus in the United States.
0
8. In Sec. 3430.204:
0
a. Designate the existing paragraph as paragraph (a);
0
b. Remove the second sentence of newly designated paragraph (a); and
0
c. Add paragraph (b).
The addition reads as follows:
Sec. 3430.204 Project types and priorities.
* * * * *
(b) In awarding grants under Sec. 3430.208, priority will be given
to grants that address the research and extension priorities
established pursuant to section 1408A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a).
0
9. Revise the heading for Sec. 3430.207 to read as follows:
[[Page 6415]]
Sec. 3430.207 Duration of awards.
* * * * *
0
10. Add Sec. 3430.208 to read as follows:
Sec. 3430.208 Review of applications.
In addition to the scientific peer review (see Sec. 3430.33), NIFA
will regularly conduct a panel of specialty crop industry
representatives to review and rank applications for merit, relevance
and impact.
0
11. Add Sec. 3430.209 to read as follows:
Sec. 3430.209 Emergency Citrus Disease Research and Extension
Program.
The purpose of this program is to award competitive grants to:
(a) Conduct scientific research and extension activities, technical
assistance, and development activities to combat citrus diseases and
pests, both domestic and invasive, which pose imminent harm to the
United States citrus production and threaten the future viability of
the citrus industry, including huanglongbing and the Asian Citrus
Psyllid; and
(b) Provide support for the dissemination and commercialization of
relevant information, techniques, and technologies discovered pursuant
to research and extension activities funded through--
(1) The emergency citrus disease research and extension program; or
(2) Other research and extension projects intended to solve
problems caused by citrus production diseases and invasive pests.
Subpart G--Agriculture and Food Research Initiative
0
12. In Sec. 3430.309:
0
a. In paragraph (b)(7), remove ``and'' from the end;
0
b. In paragraph (b)(8), remove the period from the end and add a
semicolon in its place;
0
c. Add paragraphs (b)(9) and (10);
0
d. In paragraph (d) introductory text, remove ``Renewable energy'' and
add in its place ``Bioenergy'';
0
e. Redesignate paragraphs (d)(4), (5), and (6) as paragraphs (d)(5),
(6), and (7), respectively, and add new paragraph (d)(4);
0
f. In paragraph (f) introductory text, add ``economics,'' after
``trade'';
0
g. Redesignate paragraphs (f)(5) and (6) as paragraphs (f)(6) and (7),
respectively, and add new paragraph (f)(5).
The additions read as follows:
Sec. 3430.309 Priority areas.
* * * * *
(b) * * *
(9) The research and development of surveillance methods, vaccines,
vaccination delivery systems, or diagnostic tests for pests and
diseases, including--
(i) Epizootic diseases in domestic livestock (including deer, elk,
bison, and other animals of the family Cervidae); and
(ii) Zoonotic diseases (including bovine brucellosis and bovine
tuberculosis) in domestic livestock or wildlife reservoirs that present
a potential concern to public health; and
(10) The identification of animal drug needs and the generation and
dissemination of data for safe and effective therapeutic applications
of animal drugs for minor species and minor uses of such drugs in major
species.
* * * * *
(d) * * *
(4) The effectiveness of conservation practices and technologies
designed to address nutrient losses and improve water quality;
* * * * *
(f) * * *
(5) The economic costs, benefits, and viability of producers
adopting conservation practices and technologies designed to improve
water quality;
* * * * *
Subpart H--Organic Agriculture Research and Extension Initiative
0
13. In Sec. 3430.401, revise paragraphs (a), (b)(1), (b)(2), and
(b)(6) to read as follows:
Sec. 3430.401 Purpose.
(a) The purpose of this program is to make competitive grants, in
consultation with the Advisory Board, to support research, education
and extension activities regarding organically grown and processed
agricultural commodities.
(b) * * *
(1) Facilitating the development and improvement of organic
agriculture production, breeding, and processing methods;
(2) Evaluating the potential economic benefits of organic
agricultural production and methods to producers, processors, and rural
communities;
* * * * *
(6) Conducting advanced on-farm research and development that
emphasizes observation of, experimentation with, and innovation for
working organic farms, including research relating to production,
marketing, food safety, socioeconomic conditions, and farm business
management;
* * * * *
Sec. 3430.402 [Removed and Reserved]
0
14. Remove and reserve Sec. 3430.402.
Subpart J--Beginning Farmer and Rancher Development Program
0
15. In Sec. 3430.603, revise paragraph (c) to read as follows:
Sec. 3430.603 Eligibility.
* * * * *
(c) A community-based or nongovernmental organization;
* * * * *
0
16. In Sec. 3430.604, revise paragraphs (a)(1) through (14) to read as
follows:
Sec. 3430.604 Project types and priorities.
(a) * * *
(1) Basic livestock, forest management, and crop farming practices;
(2) Innovative farm, ranch, and private, nonindustrial forest land
transfer strategies;
(3) Entrepreneurship and business training;
(4) Financial and risk management training (including the
acquisition and management of agricultural credit);
(5) Natural resource management and planning;
(6) Diversification and marketing strategies;
(7) Curriculum development;
(8) Mentoring, apprenticeships, and internships;
(9) Resources and referral;
(10) Farm financial benchmarking;
(11) Assisting beginning farmers or ranchers in acquiring land from
retiring farmers and ranchers;
(12) Agricultural rehabilitation and vocational training for
veterans;
(13) Farm safety and awareness; and
(14) Other similar subject areas of use to beginning farmers or
ranchers.
* * * * *
Sec. 3430.605 [Amended]
0
17. In Sec. 3430.605, in paragraph (b), revise the reference ``Sec.
3430.5460'' to read ``Sec. 3430.54.''
0
18. In Sec. 3430.608, revise paragraph (b) to read as follows:
Sec. 3430.608 Review criteria.
* * * * *
(b) Partnership and collaboration. In making awards under this
subpart, NIFA shall give priority to partnerships and collaborations
that are led by or include nongovernmental, and community-based
organizations, and school-based agricultural educational organizations
with expertise in new agricultural producer training and outreach.
* * * * *
[[Page 6416]]
0
19. In Sec. 3430.609, revise paragraph (a) and in paragraphs (c) and
(d), remove the phrase ``and an award for an educational enhancement
team project''.
The revision reads as follows:
Sec. 3430.609 Other considerations.
(a) Set aside. (1) Not less than 5 percent of the funds used to
carry out this subsection for a fiscal year shall be used to support
programs and services that address the needs of--
(i) Limited resource beginning farmers or ranchers (see 3430.602);
(ii) Socially disadvantaged farmers or ranchers (as defined in
section 355(e) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2003(e)) who are beginning farmers or ranchers; and
(iii) Farmworkers desiring to become farmers or ranchers.
(2) Each fiscal year, NIFA shall set aside not less than 5 percent
of the funds to support the standard BFRDP projects under this subpart
to support programs and services that address the needs of veteran
farmers and ranchers (as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)).
Recipients of these funds may coordinate with a recipient of an award
under section 1680 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5933) in addressing the needs of veteran farmers
and ranchers with disabilities.
* * * * *
0
20. Add subpart L to read as follows:
Subpart L--Capacity Building Grants for Non-Land Grant Colleges of
Agriculture Program
Sec.
3430.800 Applicability.
3430.801 Purpose.
3430.802 Definitions.
3430.803 Eligibility.
3430.804 Project types and priorities.
3430.805 Funding restrictions.
3430.806 Matching requirements.
3430.807 Duration of grant.
Authority: 7 U.S.C. 3316; Pub. L. 106-107 (31 U.S.C. 6101
note).
Sec. 3430.800 Applicability.
The regulations in this subpart apply to the program authorized
under section 1473F of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (NARETPA), as added by section 7138 of
the Food, Conservation, and Energy Act of 2008, (7 U.S.C. 3319i).
Sec. 3430.801 Purpose.
The purpose of this program is to make competitive grants to Non
Land Grant Colleges of Agriculture (NLGCA) Institutions to assist the
NLGCA Institutions in maintaining and expanding the capacity to conduct
education, research, and outreach activities relating to agriculture,
renewable resources, and other similar disciplines.
Sec. 3430.802 Definitions.
The definitions applicable to the program under this subpart
include:
Capacity building means enhancing and strengthening the quality and
depth of an institution's research and academic programs as evidenced
by its: faculty expertise, scientific and technical resources, research
environment, curriculum, student experiential learning opportunities,
scientific instrumentation, library resources, academic standing and
racial, ethnic, or gender diversity of its faculty and student body,
faculty and student recruitment and retention programs, and
organizational structures and reward systems for attracting and
retaining first-rate research and teaching faculty or students.
Citizen or national of the United States means:
(1) A citizen or native resident of a State; or,
(2) A person defined in the Immigration and Nationality Act, 8
U.S.C. 1101(a) (22), who, though not a citizen of the United States,
owes permanent allegiance to the United States.
Eligible participant means an individual who is a citizen or
national of the United States as defined in this section.
Food and agricultural sciences means basic, applied, and
developmental research, extension, and teaching activities in food and
fiber, agricultural, renewable energy and natural resources, forestry,
and physical and social sciences, including activities relating to the
following:
(1) Animal health, production, and well-being.
(2) Plant health and production.
(c) Animal and plant germ plasm collection and preservation.
(3) Aquaculture.
(4) Food safety.
(5) Soil, water, and related resource conservation and improvement.
(6) Forestry, horticulture, and range management.
(7) Nutritional sciences and promotion.
(8) Farm enhancement, including financial management, input
efficiency, and profitability.
(9) Home economics (Family and Consumer Sciences).
(10) Rural human ecology.
(11) Youth development and agricultural education, including 4-H
clubs.
(12) Expansion of domestic and international markets for
agricultural commodities and products, including agricultural trade
barrier identification and analysis.
(13) Information management and technology transfer related to
agriculture.
(14) Biotechnology related to agriculture.
(15) The processing, distributing, marketing, and utilization of
food and agricultural products. (7 U.S.C. Section 3103).
Joint project proposal means:
(1) An application for a project:
(i) Which will involve the applicant institution working in
cooperation with one or more other entities not legally affiliated with
the applicant institution, including other schools, colleges,
universities, community colleges, junior colleges, units of State
government, private sector organizations, or a consortium of
institutions; and
(ii) Where the applicant institution and each cooperating entity
will assume a significant role in the conduct of the proposed project.
(2) To demonstrate a substantial involvement with the project, the
applicant institution/organization submitting a joint project proposal
must retain at least 30 percent but not more than 70 percent of the
awarded funds and no cooperating entity may receive less than 10
percent of awarded funds. Only the applicant institution must meet the
definition of an eligible institution/organization as specified in this
RFA; other entities participating in a joint project proposal are not
required to meet the definition of an eligible institution/
organization.
Large-scale, Comprehensive Initiative (LCI) project proposal means:
(1) An application for a project:
(i) Which will involve the applicant institution/organization
working in cooperation with two or more other entities not legally
affiliated with the applicant institution, including other schools,
colleges, universities, community colleges, junior colleges, units of
State government, private sector organizations, or a consortium of
institutions; and
(ii) Where the applicant institution and each cooperating entity
will assume a significant role in the conduct of the proposed project.
(2) To demonstrate a substantial involvement with the project, the
applicant institution/organization submitting a LCI proposal must
retain at least 30 percent but not more than 70
[[Page 6417]]
percent of the awarded funds and no cooperating entity may receive less
than 10 percent of awarded funds. Only the applicant institution must
meet the definition of an eligible institution as specified in this
RFA; other entities participating in a joint project proposal are not
required to meet the definition of an eligible institution. LCI Project
Proposals must support a multi-partner approach to solving a major
state or regional challenge in agricultural sciences education at the
postsecondary level. LCI Project Proposals are characterized by
multiple partners (each providing a specific expertise) organized and
led by a strong applicant with documented project management ability to
organize and carry out the initiative.
Non-land-grant college of agriculture (NLGCA) means a public
college or university offering a baccalaureate or higher degree in the
study of agriculture or forestry. The terms ``NLGCA Institution'' and
``non-land-grant college of agriculture'' do not include:
(1) Hispanic-serving agricultural colleges and universities; or
(2) Any institution designated under: a. the Act of July 2, 1862
(commonly known as the ``First Morrill Act''; 7 U.S.C. 301 et seq., or
the `1862 Land Grants');
(3) The Act of August 30, 1890 (commonly known as the ``Second
Morrill Act'') (7 U.S.C. 321 et seq., or the `1890 Land Grants');
(4) The Equity in Educational Land-Grant Status Act of 1994 (Public
Law 103-382; 7 U.S.C. 301 note, or the `1994 or Tribal Colleges Land
Grants'); or
(5) Public Law 87-788 (commonly known as the ``McIntire-Stennis
Cooperative Forestry Act'') (16 U.S.C. 582a et seq.).
Outcomes means specific, measurable project results and benefits
that, when assessed and reported; indicate the project's plan of
operation has been achieved. Measurable outcomes include:
(1) Results are intended or unintended consequences of the project,
(e.g., ``. . . additional course materials now available online to
reinforce student learning during non-classroom hours'');
(2) Products may be actual items or services acquired with funds,
(e.g., ``. . . mechanisms and content to transition existing course(s)
or elements of course(s) for Web-based access'' or ``created new and
innovative prevention and intervention initiatives''); and
(3) Impacts are a measure of the results by comparing what might
have happened in the absence of the funded project, (e.g., ``. . . an
observed, overall increase in student learning based upon 8% higher
average test scores of those students who both attended class and used
the supplemental, Web-based course materials''.)
Regular project proposal means a proposal for a project:
(1) Where the applicant institution will be the sole entity
involved in the execution of the project; or
(2) Which will involve the applicant institution and one or more
other entities, but where the involvement of the other entity(ies) does
not meet the requirements for a joint project proposal as defined in
this section.
Sustainable Agriculture means an integrated system of plant and
animal production practices having a site-specific application that
will, over the long-term--
(1) Satisfy human food and fiber needs;
(2) Enhance environmental quality and the natural resource base
upon which the agriculture economy depends;
(3) Make the most efficient use of nonrenewable resources and on-
farm resources and integrate, where appropriate, natural biological
cycles and controls;
(4) Sustain the economic viability of farm operations; and
(5) Enhance the quality of life for farmers and society as a whole.
Teaching and education mean formal classroom instruction,
laboratory instruction, and practicum experience in the food and
agricultural sciences and matters relating thereto (such as faculty
development, student recruitment and services, curriculum development,
instructional materials and equipment, and innovative teaching
methodologies) conducted by colleges and universities offering
baccalaureate or higher degrees.
Sec. 3430.803 Eligibility.
(a) Institution eligibility. Applications may only be submitted by
a NLGCA institution. For the purposes of this program, the individual
branches of a State college or university that are separately
accredited as degree-granting institutions are treated as separate
institutions, and are therefore eligible to apply for NLGCA Program
awards. Separate branches or campuses of a college or university that
are not individually accredited as degree-granting institutions are not
treated as separate institutions, and are therefore not eligible to
submit an application. Accreditation must be conferred by an agency or
association recognized by the Secretary of the U.S. Department of
Education.
(b) Teacher or student eligibility. A teacher or student recipient
receiving Federal funds from this grants program must be an eligible
participant. Where eligibility is claimed under 8 U.S.C. 1101(a)(22),
documentary evidence from the Immigration and Naturalization Service as
to such eligibility must be made available to NIFA upon request.
Sec. 3430.804 Project types and priorities.
(a) For each RFA, NIFA may develop and include the appropriate
project types and focus areas based on the critical needs identified
through stakeholder input and deemed appropriate by NIFA.
(b) The RFA will specify which of the following project types
applicants may submit applications:
(1) Regular project proposal (the applicant executes the project
without the requirement of sharing grant funds with other project
partners);
(2) Conference/planning grant to facilitate strategic planning
session(s);
(3) Joint project proposal (the applicant executes the project with
assistance from at least one additional partner and must share grant
funds with the additional partner(s)); and
(4) Large-scale (state or region) comprehensive initiatives (LCI)
(Applicant + Two or more Partners).
Sec. 3430.805 Funding restrictions.
(a) Prohibition against construction. Grant funds awarded under
this authority may not be used for the renovation or refurbishment of
research, education, or extension space; the purchase or installation
of fixed equipment in such space; or the planning, repair,
rehabilitation, acquisition, or construction of buildings or
facilities.
(b) Prohibition on tuition remission. Tuition remission, on-campus
room and board, academic fees or other financial assistance
(scholarships or fellowships) are not allowed.
(c) Promotional items (e.g., T-shirts and other giveaways) and food
functions (e.g., cookouts or other social or meal gatherings) are
considered `entertainment' expenses, and are, therefore, also not
allowed under this grants program.
Sec. 3430.806 Matching requirements.
There are no matching requirements for grants under this subpart.
Sec. 3430.807 Duration of grant.
The term of a Federal assistance award made for a NLGCA project
shall not exceed 5 years. No-cost extensions of time beyond the maximum
award terms will not be considered or granted.
[[Page 6418]]
Subpart O--Sun Grant Program
Sec. 3430.1001 [Amended]
0
21. In Sec. 3430.1001, in paragraph (d), remove the words ``the
Department of Energy'' and add in their place ``other appropriate
Federal agencies (as determined by the Secretary)''.
Sec. 3430.1002 [Amended]
0
22. In Sec. 3430.1002, remove the definition for the term
``gasification.''
Sec. 3430.1003 [Amended]
0
23. In Sec. 3430.1003:
0
a. In paragraph (a)(1), remove the words ``at South Dakota State
University'';
0
b. In paragraph (a)(2), remove the words ``at University of Tennessee
at Knoxville'';
0
c. In paragraph (a)(3), remove the words ``at Oklahoma State
University'';
0
d. In paragraph (a)(4), remove the words ``at Cornell University'';
0
e. In paragraph (a)(5), remove the words ``at Oregon State
University''; and
0
f. In paragraph (a)(6), remove the words ``at the University of
Hawaii''.
Sec. 3430.1004 [Amended]
0
24. In Sec. 3430.1004, in paragraph (a)(1), remove the words
``multistate research, extension, and education programs on technology
development and multi-institutional and multistate integrated research,
extension, and education programs on technology implementation'' and
add in their place the words ``integrated, multistate research,
extension, and education programs on technology development and
technology implementation''.
Sec. 3430.1005 [Amended]
0
25. In Sec. 3430.1005, in paragraph (b), remove the words ``each of
the five Centers'' and add in their place the words ``the Centers''.
Sec. 3430.1007 [Amended]
0
26. In Sec. 3430.1007:
0
a. In the first sentence of paragraph (a), remove the words
``gasification'' and ``the Department of Energy'' and add in their
place the words ``bioproducts'' and ``other appropriate Federal
agencies'' respectively; and
0
b. Remove the second and third sentences of paragraph (a).
0
c. Remove and reserve paragraph (b).
Done at Washington, DC, this 21 day of January, 2016.
Sonny Ramaswamy,
Director, National Institute of Food and Agriculture.
[FR Doc. 2016-02213 Filed 2-5-16; 8:45 am]
BILLING CODE 3410-22-P