[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Rules and Regulations]
[Pages 19683-19684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8368]
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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
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Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules
and Regulations
[[Page 19683]]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Parts 622, 624 and 625
Commodity Credit Corporation
7 CFR Parts 1465 and 1470
RIN 0578-AA56
Conservation Program Recipient Reporting
AGENCY: Natural Resources Conservation Service, Commodity Credit
Corporation, United States Department of Agriculture.
ACTION: Final rule.
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SUMMARY: The Office of Management and Budget (OMB) issued regulatory
guidance to agencies to establish requirements for Federal financial
assistance applicants, recipients, and sub-recipients that are
necessary for the implementation of the Federal Funding Accountability
and Transparency Act of 2006 (the Transparency Act). OMB's regulations
require agencies that make awards of Federal financial assistance
subject to the Transparency Act to include the requirements identified
in each regulation that has application or plan due dates after October
1, 2010. The Watershed Operations and Flood Prevention Program,
Emergency Watersheds Protection Program, Healthy Forests Reserve
Program, Agricultural Management Assistance Program, and the
Conservation Stewardship Program have application or plan due dates
after October 1, 2010, and therefore, the Natural Resources
Conservation Service (NRCS) is incorporating the Transparency Act's
recipient registration and reporting requirements into these programs'
regulations. These changes, the terms of which are not subject to
agency discretion, are mandatory.
DATES: Effective Date: The rule is effective April 8, 2011.
FOR FURTHER INFORMATION CONTACT: Martha Joseph, Special Assistant,
Easements and Landscape Planning, Department of Agriculture, Natural
Resources Conservation Service, 1400 Independence Avenue, SW., Room
5109 South Building, Washington, DC 20250; Telephone: (202) 205-7704;
or E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
OMB published two regulations, 2 CFR parts 25 and 170, to assist
agencies and recipients of Federal financial assistance to comply with
the Transparency Act (Pub. L. 109-282, as amended). Both regulations
have implementation requirements beginning October 1, 2010.
The regulations at 2 CFR part 25 require, with some exceptions,
recipients of Federal financial assistance to apply for and receive a
Dun and Bradstreet Universal Numbering Systems (DUNS) number and
register in the Central Contractor Registry. Section 25.200(a) of Title
2 of the CFR requires each agency to include the registration
requirements identified in part 25 in each regulation that has
application or plan due dates after October 1, 2010.
The regulations at 2 CFR part 170 establish new requirements for
Federal financial assistance applicants, recipients, and subrecipients.
The regulation provides standard wording that each agency must include
in its awarding of financial assistance that requires recipients to
report information about first-tier subawards and executive
compensation under those awards. Section 170.200(a) of Title 2 of the
CFR requires each agency that makes awards of Federal financial
assistance subject to the Transparency Act to include the requirements
identified in part 170 in each regulation that has application or plan
due dates after October 1, 2010.
NRCS has determined that 2 CFR parts 25 and 170 apply to certain
awards of financial assistance provided under the Watershed Operations
and Flood Prevention Program (7 CFR part 622), Emergency Watershed
Protection Program (7 CFR part 624), Healthy Forests Reserve Program (7
CFR part 625), Agricultural Management Assistance Program (7 CFR part
1465), and the Conservation Stewardship Program (7 CFR part 1470).
Since these conservation programs either have continuous application
periods or will have an application due date after October 1, 2010,
NRCS determined that each of its program regulations under which NRCS
provides Federal financial assistance must be amended to incorporate
this requirement immediately.
Several of NRCS' other conservation programs have pending or
recently promulgated rulemaking, and NRCS is incorporating parts 25 and
170 requirements as these pending rules are cleared and published.
These pending rules are final rules to implement the Environmental
Quality Incentives Program (7 CFR part 1466--pending), Farm and Ranch
Lands Protection Program (7 CFR part 1491--published January 24, 2011),
Grassland Reserve Program (7 CFR part 1415--published November 29,
2010), Wildlife Habitat Incentive Program (7 CFR part 636--published
November 23, 2010), and the Wetlands Reserve Program (7 CFR part 1467--
pending).
This final rule incorporates this mandated change into the
regulations implementing the Watershed Operations and Flood Prevention
Program, Emergency Watershed Protection Program, Healthy Forests
Reserve Program, Agricultural Management Assistance Program, and the
Conservation Stewardship Program. These changes are non-discretionary
on the part of the agency, and thus, no public comments are being
solicited.
Executive Order 12866
This final rule does not meet the criteria for a significant
regulatory action as specified in Executive Order 12866.
Regulatory Flexibility Act
The Regulatory Flexibility Act is not applicable to this final rule
because neither the Commodity Credit Corporation (CCC) nor NRCS is
required by 5 U.S.C. 553, or by any other provision of law, to publish
a notice of proposed rulemaking with respect to the subject matter of
this rule.
Paperwork Reduction Act
The General Services Administration has recently published the
information collections for public comment that
[[Page 19684]]
provide the specific data elements required for the Transparency Act
reporting of subawards and executive compensation [75 FR 43165].
Unfunded Mandates Reform Act of 1995
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995,
Public Law 104-4, NRCS assessed the affects of this rulemaking action
on State, local, and Tribal governments, and the public. This action
does not compel the expenditure of $100 million or more in any one year
(adjusted by inflation) by any State, local, or Tribal governments, or
anyone in the private sector; therefore, a statement under section 202
of the Unfunded Mandates Reform Act of 1995 is not required.
List of Subjects in 7 CFR Parts 622, 624, 625, 1465 and 1470
Administrative practice and procedures, Cooperative agreements,
Farmers, Federal aid programs, Reporting and recordkeeping
requirements.
Accordingly, 7 CFR parts 622, 624, 625, 1465, and 1470 are amended
as follows:
0
1. The authority citation for part 622 continues to read as follows:
Authority: Pub. L. 83-566, 68 Stat. 666 as amended (16 U.S.C.
1001, et seq.); Pub. L. 78-534, 58 Stat. 889, 33 U.S.C. 701b-1.
0
2. Section 622.30 is amended by adding a new paragraph (d) to read as
follows:
Sec. 622.30 General.
* * * * *
(d) Sponsors who receive financial assistance awarded after October
1, 2010, must comply with applicable registration and reporting
requirements of the Federal Funding Accountability and Transparency Act
of 2006 (Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170.
* * * * *
0
3. The authority citation for part 624 continues to read as follows:
Authority: Sec. 216, Pub. L. 81-516, 33 U.S.C. 701b-1; Sec.
403, Pub. L. 95-334, as amended, 16 U.S.C. 2203; 5 U.S.C. 301.
0
4. Section 624.6 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 624.6 Program administration.
(a) * * *
(2) Sponsors must:
(i) Contribute their share of the project costs, as determined by
NRCS, by providing funds or certain services necessary to undertake the
activity. Contributions that may be applied towards the sponsor's
applicable cost-share of construction costs include:
(A) Cash;
(B) In-kind services such as labor, equipment, design, surveys,
contract administration and construction inspection, and other services
as determined by the State Conservationist; or
(C) A combination of cash and in-kind services;
(ii) Obtain any necessary real property rights, water rights, and
regulatory permits;
(iii) Agree to provide for any required operation and maintenance
of the completed emergency measures; and
(iv) Comply with applicable registration and reporting requirements
of the Federal Funding Accountability and Transparency Act of 2006
(Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170.
* * * * *
0
5. The authority citation for part 625 continues to read as follows:
Authority: 16 U.S.C. 6571-6578.
0
6. Section 625.4 is amended by revising paragraph (b) to read as
follows:
Sec. 625.4 Program requirements.
* * * * *
(b) Landowner eligibility. To be eligible to enroll an easement in
the HFRP, an individual or entity must:
(1) Be the landowner of eligible land for which enrollment is
sought;
(2) Agree to provide such information to NRCS, as the agency deems
necessary or desirable, to assist in its determination of eligibility
for program benefits and for other program implementation purposes; and
(3) Comply with applicable registration and reporting requirements
of the Federal Funding Accountability and Transparency Act of 2006
(Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170.
* * * * *
0
7. The authority citation for part 1465 continues to read as follows:
Authority: 7 U.S.C. 1524(b).
0
8. Section 1465.5 is amended by revising paragraphs (c)(10) and (c)(11)
and adding a new paragraph (c)(12) to read as follows:
Sec. 1465.5 Program requirements.
* * * * *
(c) * * *
(10) Be in compliance with the terms of all other USDA-administered
conservation program agreements to which the participant is a party;
(11) Develop and agree to comply with an APO and O&M agreement, as
described in Sec. 1465.3; and
(12) Comply with applicable registration and reporting requirements
of the Federal Funding Accountability and Transparency Act of 2006
(Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170.
* * * * *
0
9. The authority citation for part 1470 continues to read as follows:
Authority: 16 U.S.C. 3838d-3838g.
0
10. Section 1470.6 is amended by revising paragraphs (a)(4) and (a)(5)
and adding a new paragraph (a)(6) to read as follows:
Sec. 1470.6 Eligibility requirements.
(a) * * *
(4) Supply information, as required by NRCS, to determine
eligibility for the program, including but not limited to, information
related to eligibility requirements and ranking factors, conservation
activity and production system records, information to verify the
applicant's status as a historically underserved producer, if
applicable, and payment eligibility as established by 7 CFR part 1400;
(5) Provide a list of all members of the legal entity and embedded
entities along with members' tax identification numbers and percentage
interest in the entity. Where applicable, American Indians, Alaska
Natives, and Pacific Islanders may use another unique identification
number for each individual eligible for payment; and
(6) Comply with applicable registration and reporting requirements
of the Federal Funding Accountability and Transparency Act of 2006
(Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170.
* * * * *
Signed this 31st day of March 2011, in Washington, DC.
Dave White,
Vice President, Commodity Credit Corporation and Chief, Natural
Resources Conservation Service.
[FR Doc. 2011-8368 Filed 4-7-11; 8:45 am]
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