Governing Bodies, 65550-65552 [2024-17729]
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Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Rules and Regulations
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001), or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq., nor does it require any
special considerations under Executive
Order 12898, entitled ‘‘Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance exemption in this action,
do not require the issuance of a
proposed rule, the requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or Tribes. As a
result, this action does not alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
the EPA has determined that this action
will not have a substantial direct effect
on States or Tribal Governments, on the
relationship between the National
Government and the States or Tribal
Governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the EPA has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
the EPA’s consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act (15
U.S.C. 272 note).
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the EPA will
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submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 6, 2024.
Edward Messina,
Director, Office of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Add § 180.1411 to subpart D to read
as follows:
■
§ 180.1411 Bacillus subtilis strain CH4000;
exemption from the requirement of a
tolerance.
An exemption from the requirement
of a tolerance is established for residues
of Bacillus subtilis strain CH4000 in or
on all food commodities when used in
accordance with label directions and
good agricultural practices.
[FR Doc. 2024–17861 Filed 8–9–24; 8:45 am]
BILLING CODE 6560–50–P
LEGAL SERVICES CORPORATION
45 CFR Part 1607
Governing Bodies
Legal Services Corporation.
Final rule.
AGENCY:
ACTION:
The Legal Services
Corporation’s (LSC) FY 2024
appropriation enacted on March 9,
2024, included language that lowered
the proportion of attorneys required to
serve on the governing bodies of LSC
grant recipients from 60% to 33%, and
eliminated the requirement that bar
associations appoint the majority of
attorneys. This final rule revises LSC’s
regulation pertaining to recipient
governing bodies to be consistent with
this directive from Congress.
DATES: This final rule is effective on
January 1, 2025.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Stefanie K. Davis, Deputy General
Counsel, Legal Services Corporation,
3333 K Street NW, Washington, DC
20007; (202) 295–1563 (phone), (202)
337–6519 (fax), or sdavis@lsc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The LSC Act of 1974 requires grant
recipients to have governing bodies
composed of at least 60% attorneys. 42
U.S.C. 2996f(c). LSC adopted Part 1607
and the 60% requirement in 1976. 41 FR
25899, June 23, 1976. Subsequently,
LSC’s fiscal year (FY) 1983
appropriation included a requirement
that a majority of each recipient’s
governing body be composed of
attorneys appointed by state or local bar
associations, also known as the
‘‘McCollum Amendment.’’ Public Law
97–276, 96 Stat. 1186. LSC revised Part
1607 in 1983 to implement the
McCollum Amendment. 48 FR 1971,
Jan. 17, 1983. The McCollum
Amendment currently appears in
§ 502(2)(b)(ii) of LSC’s FY 1996
appropriation, which is incorporated
through § 502 of LSC’s FY 1998
appropriation, as referenced in all LSC
appropriations from 1998 through 2024.
See, e.g., Public Law 104–134, 110 Stat.
1321; Public Law 105–119, 111 Stat.
2440; Public Law 118–42.
LSC’s FY 2024 appropriation changed
the minimum attorney percentage to
33% and eliminated the McCollum
Amendment requirement. The
Administrative Provision of this
appropriation reiterates the
incorporation of prior appropriations’
restrictions by reference. It also includes
language stating that for purposes of
applying the board composition
requirements described in LSC’s FY
1998 appropriation, the requirements
would be satisfied if at least 33% of a
grant recipient’s board were composed
of attorneys licensed in the state in
which legal assistance is to be provided.
Finally, it includes language stating that
the McCollum Amendment does not
apply. Public Law 118–42, Div. C, Title
IV, 141 (2024) .
LSC proposed to make the following
changes to incorporate the statutory
changes and to reorganize § 1607.3 for
ease of reference. First, LSC proposed to
delete § 1607.3(b)(1) in its entirety and
replace it with a new paragraph (b)(1)
stating that a recipient’s governing body
must be composed of at least 33%
attorneys. LSC proposed removing the
language implementing the McCollum
Amendment. LSC also proposed to
redesignate existing paragraphs (b)(2)
and (b)(3) as (b)(1)(i) and (b)(1)(ii),
respectively.
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Second, LSC proposed reorganizing
the section by relocating the categories
of governing body members currently
located in paragraphs (c) and (d) to
paragraphs (b)(2) and (b)(3),
respectively, and placing the processes
for appointments into subparagraphs
under each category. LSC believes that
restructuring § 1607.3 in this way will
make it easier for readers to understand
the categories of membership on LSC
recipients’ governing bodies and the
considerations recipients use to recruit
and select members.
Third, LSC proposed to redesignate
paragraphs (f), (g), and (h) as (c), (d), and
(e).
Finally, LSC proposed revising
paragraph (e) to reflect the statutory
change and allow recipient staff to
recommend candidates to their
governing bodies. LSC believes this
change would empower recipient staff
to identify and propose clients,
attorneys, or other community members
with relevant expertise for appointment
to their respective governing bodies.
On April 2, 2024, the LSC Operations
and Regulations Committee voted to
recommend that the Board authorize
LSC to open rulemaking on part 1607
and authorize publication of this NPRM
in the Federal Register for notice and
comment. On April 8, 2024, the Board
accepted the Committee’s
recommendation and voted to approve
publication of this NPRM. After
consideration of the comments received
during the comment period, on July 24,
2024, the Committee voted to
recommend that the LSC Board adopt
this final rule and approve its
publication in the Federal Register. On
July 24, 2024, the Board voted to adopt
and publish this final rule.
Materials regarding this rulemaking
are available in the open rulemaking
section of LSC’s website at https://
www.lsc.gov/about-lsc/laws-regulationsguidance/rulemaking. After the effective
date of the rule, those materials will
appear in the closed rulemaking section
at https://www.lsc.gov/about-lsc/lawsregulations-guidance/rulemaking/
closed-rulemaking.
II. Comments
LSC received two comments during
the public comment period. Comments
were received from the National Legal
Aid and Defender Association (NLADA)
and Neighborhood Legal Services of Los
Angeles County (NLSLA), an LSC
grantee. Both comments supported
LSC’s proposed changes. NLSLA fully
supported LSC’s changes to
§ 1607.3(b)(1) due to the ‘‘increased
capacity to identify candidates that have
useful experiences’’ that are beneficial
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and effective to the boards of grant
recipients. NLSLA also agreed with
LSC’s removal of the McCollum
Amendment to allow ‘‘programs to use
their discretion to select potential
attorney members or designate other
organizations to propose candidates.’’
NLADA stated that it believed the
proposed rule change allows for
‘‘talented individuals to join governing
bodies, contributing new and important
experience, skills, and perspectives.’’
NLADA further supported the rule
change because it will ‘‘improve the
quality of the attorneys that serve on the
governing bodies of LSC grantees.’’
LSC is making two technical changes
that do not affect the substance of the
final rule. First, at its April 2, 2024,
meeting, a member of the Committee
recommended reorganizing paragraph
(b)(3) for consistency with paragraphs
(b)(1) and (b)(2). LSC has made this
technical change to the rule text.
Additionally, in paragraphs (b)(1)(i) and
(e)(1), LSC is replacing the term ‘‘the
poor’’ with ‘‘low-income populations’’
based on the recommendation of a
member of LSC’s Board of Directors.
The term ‘‘low-income populations’’ is
also more consistent with LSC’s use of
the Income Eligibility Guidelines. LSC
is otherwise adopting this rule as
proposed.
List of Subjects in 45 CFR Part 1607
Grant program—law, Legal services.
For the reasons discussed in the
preamble, the Legal Services
Corporation amends 45 CFR part 1607
as follows:
PART 1607—GOVERNING BODIES
1. The authority citation for part 1607
is revised to read as follows:
■
Authority: 42 U.S.C. 2996g(e).
2. Amend § 1607.3 by revising
paragraphs (b) through (e) to read as
follows.
■
§ 1607.3
Composition.
*
*
*
*
*
(b) A recipient’s governing body must
be composed of:
(1) At least 33% attorneys;
(i) Attorney members may be selected
by the recipient’s governing body or
may be selected by other organizations
designated by the recipient which have
an interest in the delivery of legal
services to low-income populations.
(ii) Selections shall be made to ensure
that the attorney members reasonably
reflect the diversity of the legal
community and the population of the
areas served by the recipient, including
race, ethnicity, gender, and other similar
factors.
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(2) At least one-third eligible client
members who are eligible client
members when initially selected by the
recipient.
(i) Recipients must solicit
recommendations for eligible client
members from a variety of appropriate
groups designated by the recipient that
may include, but are not limited to,
client and neighborhood associations
and community-based organizations
that advocate for or deliver services or
resources to the client community
served by the recipient.
(ii) Recipients should solicit
recommendations from groups in a
manner that reflects, to the extent
possible, the variety of interests within
the client community, and eligible
client members should be selected so
that they reasonably reflect the diversity
of the eligible client population served
by the recipient, including race, gender,
ethnicity, and other similar factors.
(3) Other members selected by the
recipients’ governing body or in another
manner described in the recipient’s
bylaws or policies.
(i) Recipients must appoint or select
members so that the governing body as
a whole reasonably reflects the diversity
of the areas served by the recipient,
including race, ethnicity, gender, and
other similar factors.
(ii) Recipients should consider
recruiting and selecting members
possessing fiscal or nonprofit
governance expertise or other skills
necessary to effectively govern the
recipient’s operations.
(iii) Members of a governing body
shall not be dominated by persons
serving as the representatives of a single
association, group or organization,
except that eligible client members may
be selected from client organizations
that are composed of coalitions of
numerous smaller or regionally based
client groups.
(c) Members of a governing body may
be selected by appointment, election, or
other means consistent with this part
and with the recipient’s bylaws and
applicable State law.
(d) Recipients shall make reasonable
and good faith efforts to ensure that
governing body vacancies are filled as
promptly as possible.
(e) Recipient staff may recommend
candidates for governing body
membership to its governing body and
other appointing groups and should
consult with the appointing
organizations to ensure that:
(1) Appointees meet the criteria for
board membership set out in this part,
including financial eligibility for
persons appointed as eligible clients,
bar admittance requirements for
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Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Rules and Regulations
attorney board members, and the
general requirements that all members
be supportive of the purposes of the Act
and have an interest in and knowledge
of the delivery of legal services to lowincome populations;
(2) The particular categories of board
membership and the board as a whole
meet the diversity requirement
described in paragraphs (b)(1)(ii),
(b)(2)(ii), and (b)(3)(ii) of this section;
(3) Appointees do not have actual and
significant individual or institutional
conflicts of interest with the recipient or
the recipient’s client community that
could reasonably be expected to
influence their ability to exercise
independent judgement as members of
the recipient’s governing body.
*
*
*
*
*
Dated: August 6, 2024.
Stefanie Davis,
Deputy General Counsel, Legal Services
Corporation.
[FR Doc. 2024–17729 Filed 8–9–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2023–0219;
FXES1111090FEDR–245–FF09E21000]
RIN 1018–BH93
Endangered and Threatened Wildlife
and Plants; List of Endangered and
Threatened Wildlife: Updating Entries
for Five Coral Species and Adding
Three Nonessential Experimental
Populations of Chinook Salmon
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (FWS), in accordance
with the Endangered Species Act of
1973 (Act), as amended, are amending
the List of Endangered and Threatened
Wildlife (List) by updating the entries
for five species of threatened Caribbean
corals (Orbicella annularis, O. faveolata,
O. franksi, Dendrogyra cylindrus, and
Mycetophyllia ferox) to reflect the
designation of critical habitat for these
species. We are also amending the List
by adding three nonessential
experimental populations of Chinook
salmon (Oncorhynchus tshawytscha):
Upper Yuba River Central Valley springrun, McCloud and Upper Sacramento
Rivers Sacramento River winter-run,
and Central Valley spring-run. These
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SUMMARY:
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15:55 Aug 09, 2024
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amendments are based on previously
published determinations by the
National Marine Fisheries Service
(NMFS) of the National Oceanic and
Atmospheric Administration,
Department of Commerce, which has
jurisdiction for these species.
DATES: This rule is effective August 12,
2024.
Applicability dates: The NMFS
rulemaking actions were effective as
follows:
• The Caribbean corals critical habitat
designations were effective September
8, 2023.
• The designation of the Upper Yuba
River Central Valley spring-run Chinook
salmon nonessential experimental
population was effective January 27,
2023.
• The designation of the McCloud
and Upper Sacramento Rivers
Sacramento River winter-run and
Central Valley spring-run Chinook
salmon nonessential experimental
populations were effective September
27, 2023.
FOR FURTHER INFORMATION CONTACT:
Caitlin Snyder, Chief, Branch of
Domestic Listing, U.S. Fish and Wildlife
Service, MS–ES, 5275 Leesburg Pike,
Falls Church, VA 22041–3803; 703–
358–2171. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services.
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Act (16 U.S.C.
1531 et seq.) and Reorganization Plan
No. 4 of 1970 (35 FR 15627; October 6,
1970), NMFS has jurisdiction over the
marine and anadromous taxa specified
in this rule. Under section 4(a)(1) of the
Act, NMFS must decide whether a
species under its jurisdiction should be
classified as endangered or threatened.
Under section 4(a)(3)(A) of the Act,
NMFS must designate critical habitat for
listed species under its jurisdiction to
the maximum extent prudent and
determinable. Section 10(j) of the Act
allows the Secretary of Commerce to
authorize the release of any population
of a listed species outside its current
range if the release ‘‘will further the
conservation’’ of that species. An
experimental population is a population
that is geographically separate from
nonexperimental populations of the
same species. Before authorizing the
release of an experimental population,
section 10(j)(2)(B) of the Act requires
that the Secretary must by regulation
identify the population and determine,
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on the basis of the best available
information, whether or not the
population is essential to the continued
existence of the listed species. NMFS
makes these determinations via its
rulemaking process; then FWS is
responsible for publishing final rules to
amend the List in title 50 of the Code
of Federal Regulations (CFR) at 50 CFR
17.11(h).
Caribbean Corals—Critical Habitat
Designations
We are updating the entries on the
List for Orbicella annularis, O.
faveolata, O. franksi, Dendrogyra
cylindrus, and Mycetophyllia ferox to
reflect the designation of critical habitat
for these five species of Caribbean
corals. On November 27, 2020, NMFS
published a proposed rule (85 FR
76302) to designate critical habitat for
these five coral species and solicited
public comments on the proposed rule
during a 60-day comment period,
ending on January 26, 2021. NMFS
addressed all public comments received
in response to the proposed rule, and on
August 9, 2023, published a final rule
(88 FR 54026) designating critical
habitat for these five coral species.
These critical habitat designations were
effective September 8, 2023. By
publishing this final rule, we are simply
taking the necessary administrative step
to codify these changes in the List at 50
CFR 17.11(h).
Chinook Salmon—Nonessential
Experimental Populations
We are also adding entries on the List
for the Upper Yuba River Central Valley
spring-run Chinook salmon
(Oncorhynchus tshawytscha)
nonessential experimental population
(NEP), the McCloud and Upper
Sacramento Rivers Sacramento River
winter-run Chinook salmon (O.
tshawytscha) NEP, and the Central
Valley spring-run Chinook salmon (O.
tshawytscha) NEP (also referred to as
Central Valley spring-run ESU–XN
Yuba, Sacramento River winter-run
ESU–XN Shasta, and Central Valley
spring-run ESU–XN Shasta,
respectively). On December 11, 2020,
NMFS published a proposed rule (85 FR
79980) for the designation of an NEP of
Central Valley spring-run Chinook
salmon in the Upper Yuba River. NMFS
solicited public comments on the
proposed rule during a 30-day comment
period ending January 11, 2021. The
comment period was extended for an
additional 60 days ending on March 12,
2021 (86 FR 2372; January 12, 2021).
NMFS addressed all public comments
received in response to the proposed
rule, and on December 28, 2022,
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]]>Agencies
[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Rules and Regulations]
[Pages 65550-65552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17729]
=======================================================================
-----------------------------------------------------------------------
LEGAL SERVICES CORPORATION
45 CFR Part 1607
Governing Bodies
AGENCY: Legal Services Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Legal Services Corporation's (LSC) FY 2024 appropriation
enacted on March 9, 2024, included language that lowered the proportion
of attorneys required to serve on the governing bodies of LSC grant
recipients from 60% to 33%, and eliminated the requirement that bar
associations appoint the majority of attorneys. This final rule revises
LSC's regulation pertaining to recipient governing bodies to be
consistent with this directive from Congress.
DATES: This final rule is effective on January 1, 2025.
FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Deputy General
Counsel, Legal Services Corporation, 3333 K Street NW, Washington, DC
20007; (202) 295-1563 (phone), (202) 337-6519 (fax), or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The LSC Act of 1974 requires grant recipients to have governing
bodies composed of at least 60% attorneys. 42 U.S.C. 2996f(c). LSC
adopted Part 1607 and the 60% requirement in 1976. 41 FR 25899, June
23, 1976. Subsequently, LSC's fiscal year (FY) 1983 appropriation
included a requirement that a majority of each recipient's governing
body be composed of attorneys appointed by state or local bar
associations, also known as the ``McCollum Amendment.'' Public Law 97-
276, 96 Stat. 1186. LSC revised Part 1607 in 1983 to implement the
McCollum Amendment. 48 FR 1971, Jan. 17, 1983. The McCollum Amendment
currently appears in Sec. 502(2)(b)(ii) of LSC's FY 1996
appropriation, which is incorporated through Sec. 502 of LSC's FY 1998
appropriation, as referenced in all LSC appropriations from 1998
through 2024. See, e.g., Public Law 104-134, 110 Stat. 1321; Public Law
105-119, 111 Stat. 2440; Public Law 118-42.
LSC's FY 2024 appropriation changed the minimum attorney percentage
to 33% and eliminated the McCollum Amendment requirement. The
Administrative Provision of this appropriation reiterates the
incorporation of prior appropriations' restrictions by reference. It
also includes language stating that for purposes of applying the board
composition requirements described in LSC's FY 1998 appropriation, the
requirements would be satisfied if at least 33% of a grant recipient's
board were composed of attorneys licensed in the state in which legal
assistance is to be provided. Finally, it includes language stating
that the McCollum Amendment does not apply. Public Law 118-42, Div. C,
Title IV, 141 (2024) .
LSC proposed to make the following changes to incorporate the
statutory changes and to reorganize Sec. 1607.3 for ease of reference.
First, LSC proposed to delete Sec. 1607.3(b)(1) in its entirety and
replace it with a new paragraph (b)(1) stating that a recipient's
governing body must be composed of at least 33% attorneys. LSC proposed
removing the language implementing the McCollum Amendment. LSC also
proposed to redesignate existing paragraphs (b)(2) and (b)(3) as
(b)(1)(i) and (b)(1)(ii), respectively.
[[Page 65551]]
Second, LSC proposed reorganizing the section by relocating the
categories of governing body members currently located in paragraphs
(c) and (d) to paragraphs (b)(2) and (b)(3), respectively, and placing
the processes for appointments into subparagraphs under each category.
LSC believes that restructuring Sec. 1607.3 in this way will make it
easier for readers to understand the categories of membership on LSC
recipients' governing bodies and the considerations recipients use to
recruit and select members.
Third, LSC proposed to redesignate paragraphs (f), (g), and (h) as
(c), (d), and (e).
Finally, LSC proposed revising paragraph (e) to reflect the
statutory change and allow recipient staff to recommend candidates to
their governing bodies. LSC believes this change would empower
recipient staff to identify and propose clients, attorneys, or other
community members with relevant expertise for appointment to their
respective governing bodies.
On April 2, 2024, the LSC Operations and Regulations Committee
voted to recommend that the Board authorize LSC to open rulemaking on
part 1607 and authorize publication of this NPRM in the Federal
Register for notice and comment. On April 8, 2024, the Board accepted
the Committee's recommendation and voted to approve publication of this
NPRM. After consideration of the comments received during the comment
period, on July 24, 2024, the Committee voted to recommend that the LSC
Board adopt this final rule and approve its publication in the Federal
Register. On July 24, 2024, the Board voted to adopt and publish this
final rule.
Materials regarding this rulemaking are available in the open
rulemaking section of LSC's website at https://www.lsc.gov/about-lsc/laws-regulations-guidance/rulemaking. After the effective date of the
rule, those materials will appear in the closed rulemaking section at
https://www.lsc.gov/about-lsc/laws-regulations-guidance/rulemaking/closed-rulemaking.
II. Comments
LSC received two comments during the public comment period.
Comments were received from the National Legal Aid and Defender
Association (NLADA) and Neighborhood Legal Services of Los Angeles
County (NLSLA), an LSC grantee. Both comments supported LSC's proposed
changes. NLSLA fully supported LSC's changes to Sec. 1607.3(b)(1) due
to the ``increased capacity to identify candidates that have useful
experiences'' that are beneficial and effective to the boards of grant
recipients. NLSLA also agreed with LSC's removal of the McCollum
Amendment to allow ``programs to use their discretion to select
potential attorney members or designate other organizations to propose
candidates.''
NLADA stated that it believed the proposed rule change allows for
``talented individuals to join governing bodies, contributing new and
important experience, skills, and perspectives.'' NLADA further
supported the rule change because it will ``improve the quality of the
attorneys that serve on the governing bodies of LSC grantees.''
LSC is making two technical changes that do not affect the
substance of the final rule. First, at its April 2, 2024, meeting, a
member of the Committee recommended reorganizing paragraph (b)(3) for
consistency with paragraphs (b)(1) and (b)(2). LSC has made this
technical change to the rule text. Additionally, in paragraphs
(b)(1)(i) and (e)(1), LSC is replacing the term ``the poor'' with
``low-income populations'' based on the recommendation of a member of
LSC's Board of Directors. The term ``low-income populations'' is also
more consistent with LSC's use of the Income Eligibility Guidelines.
LSC is otherwise adopting this rule as proposed.
List of Subjects in 45 CFR Part 1607
Grant program--law, Legal services.
For the reasons discussed in the preamble, the Legal Services
Corporation amends 45 CFR part 1607 as follows:
PART 1607--GOVERNING BODIES
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1. The authority citation for part 1607 is revised to read as follows:
Authority: 42 U.S.C. 2996g(e).
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2. Amend Sec. 1607.3 by revising paragraphs (b) through (e) to read as
follows.
Sec. 1607.3 Composition.
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(b) A recipient's governing body must be composed of:
(1) At least 33% attorneys;
(i) Attorney members may be selected by the recipient's governing
body or may be selected by other organizations designated by the
recipient which have an interest in the delivery of legal services to
low-income populations.
(ii) Selections shall be made to ensure that the attorney members
reasonably reflect the diversity of the legal community and the
population of the areas served by the recipient, including race,
ethnicity, gender, and other similar factors.
(2) At least one-third eligible client members who are eligible
client members when initially selected by the recipient.
(i) Recipients must solicit recommendations for eligible client
members from a variety of appropriate groups designated by the
recipient that may include, but are not limited to, client and
neighborhood associations and community-based organizations that
advocate for or deliver services or resources to the client community
served by the recipient.
(ii) Recipients should solicit recommendations from groups in a
manner that reflects, to the extent possible, the variety of interests
within the client community, and eligible client members should be
selected so that they reasonably reflect the diversity of the eligible
client population served by the recipient, including race, gender,
ethnicity, and other similar factors.
(3) Other members selected by the recipients' governing body or in
another manner described in the recipient's bylaws or policies.
(i) Recipients must appoint or select members so that the governing
body as a whole reasonably reflects the diversity of the areas served
by the recipient, including race, ethnicity, gender, and other similar
factors.
(ii) Recipients should consider recruiting and selecting members
possessing fiscal or nonprofit governance expertise or other skills
necessary to effectively govern the recipient's operations.
(iii) Members of a governing body shall not be dominated by persons
serving as the representatives of a single association, group or
organization, except that eligible client members may be selected from
client organizations that are composed of coalitions of numerous
smaller or regionally based client groups.
(c) Members of a governing body may be selected by appointment,
election, or other means consistent with this part and with the
recipient's bylaws and applicable State law.
(d) Recipients shall make reasonable and good faith efforts to
ensure that governing body vacancies are filled as promptly as
possible.
(e) Recipient staff may recommend candidates for governing body
membership to its governing body and other appointing groups and should
consult with the appointing organizations to ensure that:
(1) Appointees meet the criteria for board membership set out in
this part, including financial eligibility for persons appointed as
eligible clients, bar admittance requirements for
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attorney board members, and the general requirements that all members
be supportive of the purposes of the Act and have an interest in and
knowledge of the delivery of legal services to low-income populations;
(2) The particular categories of board membership and the board as
a whole meet the diversity requirement described in paragraphs
(b)(1)(ii), (b)(2)(ii), and (b)(3)(ii) of this section;
(3) Appointees do not have actual and significant individual or
institutional conflicts of interest with the recipient or the
recipient's client community that could reasonably be expected to
influence their ability to exercise independent judgement as members of
the recipient's governing body.
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Dated: August 6, 2024.
Stefanie Davis,
Deputy General Counsel, Legal Services Corporation.
[FR Doc. 2024-17729 Filed 8-9-24; 8:45 am]
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