Federal-State Research on Cooperatives Program

DEPARTMENT OF AGRICULTURE

Rural Development Administration

7 CFR Part 4285

RIN 0537-AA00

Federal-State Research on Cooperatives Program

AGENCY: Rural Development Administration, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rulemaking establishes within the Rural Development

Administration (RDA) a matching fund cooperative research agreement

program to State Departments of Agriculture, State Agricultural

Experiment Stations, and other related State Agencies to conduct

marketing research related to cooperatives. This rule establishes the

procedures to be followed annually in the solicitation of cooperative

agreement proposals, the evaluation of such proposals, and the award of

the cooperative agreements under this program. These rules are

necessary to award the funds appropriated to Agricultural Marketing

Service in fiscal year 1994 for research on cooperatives under the

Federal-States Marketing Improvement Program. The intended effect is to

encourage more research at state levels that will enhance the well-

being of agricultural cooperatives and their members.

EFFECTIVE DATE: July 28, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Thomas H. Stafford, Director,

Cooperative Marketing Division, Cooperative Services, Rural Development

Administration, USDA, Ag Box 3252, Washington, DC 20250-3252, Phone:

202-690-0368.

SUPPLEMENTARY INFORMATION:

Classification

This rule has been determined to be not-significant for purposes of

Executive Order 12866 and therefore has not been reviewed by OMB.

Paperwork Reduction Act

The information collection or recordkeeping requirements contained

in this regulation have been approved by the Office of Management and

Budget (OMB) under the provision of 44 U.S.C. Chapter 35 and have been

assigned OMB control number 0570-0005 in accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C. 3507). This final rule does not revise

or impose any new information collection or recordkeeping requirement

from those approved by OMB.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the undersigned has determined and certified by signature of this

document that this rule will not have a significant economic impact on

a substantial number of small entities.

Environmental Impact Statement

This regulation does not significantly affect the environment.

Therefore, an environmental impact statement is not required under the

National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321

et seq.).

Intergovernmental Review

This program is considered a part of ``Technical Assistance To

Cooperatives'' as listed as No. 10.350 in the ``Catalog of Federal

Domestic Assistance''. For reasons set forth in the Final Rule-related

Notice to 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this

program is excluded from the scope of Executive Order No. 12372 which

requires intergovernmental consultation with State and local officials.

Civil Justice Reform

This document has been reviewed in accordance with Executive Order

(E.O.) 12778. It is the determination of RDA that this action does not

unduly burden the Federal Court System in that it meets all applicable

standards provided in section 2 of the E.O.

Discussion of Rule

A proposed rule was issued on this subject on May 9, 1994 (59 FR

23804-10). No comments were received on the proposed rule. The proposed

rule, therefore, is adopted as final except for the administrative

changes discussed below.

In error, the proposed rule indicated in one place the Federal-

State Research On Cooperatives (FSROC) Program was subject to Executive

Order 12372 requiring intergovernmental consultations and in another

place that it was exempt from the Order. The FSROC Program is excluded

from the scope of the Executive Order No. 12372; therefore, the

incorrect reference in the proposed rule was removed.

In addition, the definition of ``State agencies'' eligible under

the program has been changed to include State Agricultural Experiment

stations and State Departments of Agriculture in the 50 States, the

Virgin Islands, and Guam, and other appropriate State agencies. The

proposed rule included experiment stations and State Departments of

Agriculture in the 50 States and all territories or possessions of the

United States. The change was made to conform to the limiting language

of 7 U.S.C. 1626 which defines ``state'' to include the Virgin Islands

and Guam. The Agency has interpreted the Agricultural Marketing Act of

1946 (7 U.S.C. 1621-27) as providing no authority to fund marketing

research by agencies of other United States territories or possessions.

List of Subjects in 7 CFR Part 4285

Agricultural commodities, Agricultural research, Cooperatives,

Reporting and recordkeeping requirements.

For the reasons set out in the preamble, 7 CFR Ch. XLII is amended

by adding Part 4285 to read as follows:

PART 4285--COOPERATIVE AGREEMENTS

Subpart A--Federal-State Research on Cooperatives Program

Sec.

4285.1 Objective.

4285.2 Cooperative agreement purposes.

4285.3 Definitions.

4285.4-4285.23 [Reserved]

4285.24 Eligibility.

4285.25 Authorized use of cooperative agreement funds.

4285.26-4285.45 [Reserved]

4285.46 Prohibited use of cooperative agreement funds.

4285.47 Limitations.

4285.48-4285.57 [Reserved]

4285.58 How to apply for cooperative agreement funds.

4285.59-4285.68 [Reserved]

4285.69 Evaluation and disposition of applications.

4285.70 Evaluation criteria.

4285.71-4285.80 [Reserved]

4285.81 Cooperative agreement awards.

4285.82 Use of funds; changes.

4285.83-4285.92 [Reserved]

4285.93 Other Federal statutes and regulations that apply.

4285.94 Other conditions.

4285.95-4285.99 [Reserved]

4285.100 OMB control number.

Authority: 7 U.S.C. 1623; Public Law 103-111, 107 Stat. 1046; 7

U.S.C. 2201; USDA Secretary's Memorandum 1020-39, dated September

30, 1993; and Public Law 103-211, 108 Stat. 3.

Subpart A--Federal-State Research on Cooperatives Program

Sec. 4285.1 Objective.

This subpart sets forth the policies and procedures and delegates

authority for providing Federal-State Research on Cooperatives

cooperative agreement funds to finance programs of research on

cooperatives as authorized under Section 204 (b) of the Agricultural

Marketing Act of 1946 (7 U.S.C. 1623 (b)). The primary purpose of this

matching fund program, via cooperative agreements, is to encourage

State Departments of Agriculture and State Agricultural Experiment

Stations in conducting research related to agricultural cooperatives.

Sec. 4285.2 Cooperative agreement purposes.

Rural Development Administration (RDA) may enter into a cooperative

agreement with a State agency to provide funds to the State agency to:

(a) Conduct marketing research related to agricultural

cooperatives.

(b) Assist other organizations in conducting marketing research

related to agricultural cooperatives.

Sec. 4285.3 Definitions.

As used in this part:

Agreement period. The total period of time approved by the

Assistant Administrator for Cooperative Services for conducting the

proposed project as outlined in an approved application. The time

period is normally no more than 3 years, renewable for cause not to

exceed a total of 4 fiscal years.

Agricultural products. Agricultural products include agricultural,

horticultural, viticultural, and dairy products, livestock and poultry,

bees, forest products, fish and shellfish, and any products thereof,

including processed or manufactured products, and any and all products

raised or produced on farms and any processed or manufactured product

thereof.

Assistant Administrator for Cooperative Services. The Assistant

Administrator for Cooperative Services, Rural Development

Administration, USDA or any authorized delegate.

Awarding official. The Assistant Administrator for Cooperative

Services or authorized delegate.

Cooperative agreement. A legal instrument reflecting a relationship

between the United States Government and a State where:

(1) The principal purpose of the relationship is the transfer of

money, property, services, or anything of value to the State agency to

carry out research related to cooperatives; and

(2) Substantial involvement is anticipated between RDA, acting for

the Federal Government, and the State or other recipient during

performance of the research in the agreement.

Cooperator. The State agency designated in the cooperative

agreement award document as the responsible legal entity to whom a

cooperative agreement is awarded under this part.

Department. The U.S. Department of Agriculture.

Methodology. The research approach to be followed to carry out the

project.

Principal investigator. A single individual who is responsible for

the scientific and technical direction of the project, as designated by

the cooperator in the cooperative agreement application and approved by

the Assistant Administrator for Cooperative Services.

Project. The particular activity within the scope of one or more of

the research program areas identified in the annual program

solicitation that is supported by a cooperative agreement under this

part.

State agencies. State agencies include, among others, State

Agricultural Experiment Stations and State Departments of Agriculture

in the 50 States, the Virgin Islands, and Guam, and other appropriate

State agencies. Final determination of whether certain 1890 or 1862

Land Grant institutions qualify as state agencies will be determined on

a case-by-case basis by the Office of the General Counsel (OGC), USDA.

Secs. 4285.4-4285.23 [Reserved]

Sec. 4285.24 Eligibility.

To enter into a cooperative agreement for these funds, the

applicant must:

(a) Be a State Agency as defined in Sec. 4285.3 of this subpart;

(b) Have the financial, legal, administrative, and actual capacity

to assume and carry out the responsibilities imposed by the Agreement.

To meet the requirement of actual capacity it must either:

(1) Have necessary background and experience with proven ability to

perform responsibly in the field of economic, business management, or

other needed research area; or

(2) Have the necessary administrative and supervisory controls in

place to assure an agreed upon contracting organization has the proven

ability to perform responsibly in the field of economic, business

management, or other needed research area;

(c) Legally obligate itself to administer cooperative agreement

funds, provide adequate accounting of the expenditure of such funds,

and comply with the cooperative agreement;

(d) Provide at least 50 percent of the funds necessary to conduct

the research from non-federal funds; and

(e) Agree to conduct proposed research related to cooperatives and

agricultural marketing.

Sec. 4285.25 Authorized use of cooperative agreement funds.

Funds received for research under cooperative agreements in this

program shall only be used for:

(a) Payment of salaries and necessary employee benefits of

personnel as agreed upon in the Cooperative Agreement. Included are

salaries and benefits of State employees assigned full-time to one or

more projects, or the percent of the salaries and benefits related to

project work for State employees assigned part-time to research on one

or more projects. Salaries and benefits include basic salary, other

compensation such as holiday pay, sick or annual leave, and personnel

benefits (quarters allowance, payments to other funds such as

employees' life insurance, health benefits, retirement, Federal

Insurance Contributions Act (FICA), accident compensation, and similar

payments). For any of the benefit items when the State usually pays the

employer share, Federal funds may be used to pay the proportionate

share of such employer contributions.

(b) Payment of necessary and reasonable office expenses such as

office rental, office utilities, and office equipment rental. The

purchase of office equipment is permissible when the cooperator

determines it to be more economical than renting. However, as a general

rule, these types of expenses would be classified as indirect costs in

multiple funded organizations and would not be an allowable expense.

Planned purchases of equipment costing more than $200 per unit must be

approved by RDA. Equipment purchased becomes State property pursuant to

the cooperative agreement.

(c) Payment of necessary and reasonable costs of printing

publications of research project results. However, all such

publications should show the RDA as cooperator in the project and bear

the following statement: ``State funds for this project (publication)

were matched with Federal funds under the Federal-State Research on

Cooperatives Program of the U.S. Department of Agriculture, Rural

Development Administration, Cooperative Services, as provided by the

Agricultural Marketing Act of 1946 and (appropriate) fiscal year

appropriations.''

(d) Purchase of office supplies (such as paper, pens, pencils, and

trade magazines) and postage needed for project activities.

(e) Payment of necessary and reasonable travel expenses.

Secs. 4285.26-4285.45 [Reserved]

Sec. 4285.46 Prohibited use of cooperative agreement funds.

(a) The Agricultural Marketing Act prohibits the use of Federal

funds to pay for newspaper or periodical space and radio and television

time, either directly to the media or indirectly though an advertising

agency or other firm. County and State fair exhibits, as well as

commodity months and weeks, are also excluded as the research on

cooperatives program activities.

(b) Federal funds cannot be used to purchase products or samples of

products to give away to the public.

(c) Federal program funds cannot be used to purchase:

(1) Promotional pieces such as point-of-sale materials, promotional

kits, billboard space and signs, streamers, automobile stickers, table

tents, and placemats; or

(2) Promotion items of a personal gift nature.

(d) Cooperative agreement funds cannot be used to conduct general

publicity or information programs designed to build the image of the

State's agriculture or of a particular State Department of Agriculture

or Agricultural Experiment Station.

(e) Project funds cannot be used to pay for the salary and travel

of employees of cooperatives, trade associations, commodity groups, and

other industry organizations, or of State personnel while engaged in

managing market orders, cooperatives, or other group endeavors.

(f) Commissioners, Directors, and Secretaries of State Departments

of Agriculture, Agricultural Experiment Stations, and other State

agencies cannot charge their salaries and travel to project funds, with

the exception of travel to workshops or conferences devoted to the

Federal-State Research On Cooperatives Program.

(g) Funds made available for this program shall not be subject to

reduction for indirect costs or for tuition remission.

Sec. 4285.47 Limitations.

The amount of funds available for the cooperative agreements under

this program is limited to the amount appropriated for the fiscal year.

Secs. 4285.48-4285.57 [Reserved]

Sec. 4285.58 How to apply for cooperative agreement funds.

(a) A program solicitation will be prepared and announced through

publications such as the Federal Register, professional trade journals,

agency or program handbooks, and/or any other appropriate means, as

early as practicable each fiscal year in which funds are appropriated

for the program.

(b) The annual program solicitation will contain information

sufficient to enable all eligible applicants to prepare proposals

including:

(1) Desired research topics. The FY-94 solicitation will encourage

studies:

(i) To improve the efficiency and effectiveness of marketing of

agricultural cooperatives;

(ii) To measure the impact of rural cooperatives on the local

economies;

(iii) That help identify opportunities to develop cooperatives for

new or alternative market uses of agricultural products;

(iv) That help identify ways to develop agricultural marketing

cooperatives; and

(v) Addressing other cooperative marketing objectives;

(2) Explanation of eligibility requirements as outlined in

Sec. 4285.24 of this subpart;

(3) The notice of availability of application forms and

instructions for submission of applications;

(4) The notice of deadline dates for postmarking proposal packages.

(c) Format for proposals. Unless otherwise indicated by the

Department in the annual program solicitation, the following

information must be submitted for the preparation of proposals under

this program:

(1) Form SF-424, ``Application for Federal Assistance.''

(2) Form SF-424A, ``Budget Information--Non-Construction

Programs.''

(3) Form SF-424B, ``Assurances--Non-Construction Programs.''

(4) Statement of Work. The application must include a narrative

statement describing the nature of the proposed research. The Statement

of Work must include at least the following:

(i) Title of the Project. The title of the proposal must be brief,

yet represent the major thrust of the project.

(ii) Project Leaders. List the name(s) of the principal

investigator(s). Minor collaborators or consultants should be so

designated and not listed as principal investigators.

(iii) Need for the Project. A concisely worded rationale behind the

proposed research must be presented. The need for the proposed research

must be clearly related to marketing and to the needs of agricultural

cooperatives.

(iv) Objectives of the project. The specific description of the

overall project goal(s) and supporting objectives must be presented.

(v) Procedures for conducting the research. The hypotheses or

questions being asked and the methodology being applied to the proposed

project must be described. A description of any subcontracting

arrangements that will be used for conducting the research must be

included. A tentative schedule for conducting major steps involved in

the investigation must also be included.

(vi) The expected output of the project. A description of how the

results of the research will be disseminated should be presented.

Responsibility for publishing any research reports or other types of

output should also be identified.

(5) Collaborative arrangements. If the nature of the proposed

project requires collaboration or subcontractual arrangements with

other research scientists, corporations, organizations, agencies, or

entities, the applicant must identify the collaborator(s) and provide a

full explanation of the nature of the collaboration. Evidence (i.e.,

letters of intent) should be provided to assure reviewers that the

collaborators involved have agreed to render this service. In addition,

the proposal must indicate whether or not such a collaborative

arrangement(s) has the potential for conflict(s) of interest.

(6) Personnel support. To assist reviewers in assessing the

competence and experience of the proposed project staff, key personnel

who will be involved in the proposed project must be identified

clearly. For each principal investigator involved, and for all senior

associates and other professional personnel who expect to work on the

project, whether or not funds are sought for their support, the

following must be included:

(i) An estimate of the time commitments necessary;

(ii) Curriculum Vitae. The curriculum vitae should be limited to a

presentation of academic and research credentials, e.g., educational,

employment and professional history, and honors and awards. Unless

pertinent to the project, it should not include meetings attended,

seminars given, or personal data such as birth date, martial status, or

community activities; and

(iii) Publication List(s). A chronological list of all publications

in refereed journals during the past five years, including those in

press, must be provided for each professional project member for whom a

curriculum vitae is provided. Also list other non-refereed technical

publications that have relevance to the proposed project. Authors

should be listed in the same order as they appear on each paper cited,

along with the title and complete reference as these usually appear in

journals.

Secs. 4285.59-4285.68 [Reserved]

Sec. 4285.69 Evaluation and disposition of applications.

(a) Evaluation. (1) All proposals received from eligible applicants

and postmarked in accordance with deadlines established in the annual

program solicitation shall be evaluated by the Assistant Administrator

for Cooperative Services through an RDA staff panel. The Assistant

Administrator for Cooperative Services will select the evaluation panel

from staff determined to be highly qualified in the subject matter

areas that were emphasized in the current year's solicitation and from

those with no potential conflict of interest with the applicants.

(2) Prior to technical examination, a preliminary review will be

made for responsiveness to the program solicitation (e.g., relationship

of proposal to research topic(s) listed in solicitation). Proposals

that do not fall within the guidelines as stated in the program

solicitation will be eliminated from competition and will be returned

to the applicant.

(3) Proposals will be ranked based on evaluation criteria

established in Sec. 4285.70 of this subpart, and financial support

levels will be recommended to the Assistant Administrator for

Cooperative Services by the panel within the limitation of the total

funding available in the fiscal year. The purpose of these evaluations

is to provide information upon which the Assistant Administrator for

Cooperative Services may make informed judgments in selecting

proposals. Such recommendations are advisory only and are not binding

on the awarding official of RDA. To ensure a comprehensive evaluation,

all applications should be written with the care and thoroughness

accorded papers for publication.

(b) Disposition. (1) On the basis of the Assistant Administrator

for Cooperative Services's evaluation of an application in accordance

with paragraph (a) of this section, the Assistant Administrator for

Cooperative Services will either:

(i) Approve support using currently available funds;

(ii) Defer support due to lack of funds or need for further

evaluation; or

(iii) Disapprove support for the proposed project in whole or in

part.

(2) With respect to any approved project, the Assistant

Administrator for Cooperative Services will determine the project

period during which the project may be funded.

(3) Any deferral or disapproval of an application will not preclude

its reconsideration or reapplication during subsequent fiscal years.

However, applicants must reapply if reconsideration is desired.

(4) The Assistant Administrator for Cooperative Services will not

make a cooperative agreement funding award, based upon an application

covered by this part, unless the application has been properly reviewed

in accordance with the provisions of this part and unless said

reviewers have made recommendations concerning the scientific merit and

relevance to the program of such application.

Sec. 4285.70 Evaluation criteria.

(a) In evaluating the proposal, the RDA staff review panel and the

awarding official will take into account the degree to which the

proposal demonstrates the following:

(1) Focus on a practical solution to a significant problem

involving one or more of the following on a cooperative business basis:

the preparation for market, processing, packaging, handling, storing,

transporting, distributing, or marketing of agricultural products.

(35%)

(2) Adequacy, soundness, and appropriateness of the proposed

approach to solve the identified problem. (30%)

(3) Feasibility and probability of success of project solving the

problem. (10%)

(4) Qualifications, experience in related work, competence, and

availability of project personnel to direct and carry out the project.

(25%)

(b) In addition, the cost relative to the expected research results

will be considered in determining the awarding of the agreements.

Secs. 4285.71-4285.80 [Reserved]

Sec. 4285.81 Cooperative agreement awards.

(a) General. Within the limit of funds available for such purpose,

the awarding official shall make awards for cooperative agreements to

those applicants whose proposals are judged most meritorious in the

announced program areas under the evaluation criteria and procedures

set forth in this part. The date specified by the Assistant

Administrator for Cooperative Services as the beginning of the project

period shall be no later than September 30 of the Federal fiscal year

in which the project is approved and funds are appropriated for such

purpose, unless otherwise permitted by law. All funds awarded under

this part shall be expended solely in accordance with the methods

identified in approved application and budget, the regulations of this

part, the terms and conditions of the award, the applicable Federal

cost principles, and the Department's ``Uniform Federal Assistance

Regulations'' (part 3015 of this title) and the Department's ``Uniform

Administrative Requirements for Grants and Cooperative Agreements to

State and Local Governments'' (part 3016 of this title).

(b) Cooperative agreement award document and notice of award. (1)

Cooperative agreement award document. The award document shall include

at a minimum the following:

(i) Legal name and address of performing organization or

institution to whom the Assistant Administrator for Cooperative

Services has competitively awarded funds under the terms of this part;

(ii) Title of project;

(iii) Name(s) and address(es) of principal investigator(s) chosen

to direct and control approved activities;

(iv) Identifying cooperative agreement number assigned by RDA;

(v) Project period, specifying the amount of time the Agency

intends to support the project without requiring recompetition for

funds;

(vi) Total amount of Agency financial assistance approved by the

Assistant Administrator for Cooperative Services during the project

period;

(vii) Legal authority(ies) under which the cooperative agreement is

awarded;

(viii) Approved budget plan for categorizing allocable project

funds to accomplish the stated purpose of the cooperative agreement

award; and

(ix) Other information or provisions deemed necessary by RDA to

carry out its agreement activities or to accomplish the purpose of a

particular cooperative agreement.

(2) Notice of award. The notice of award of funds for the

cooperative agreement will be in the form of a letter providing

pertinent instructions or information to the cooperator.

(c) Types of cooperative agreement instruments. The types of

cooperative agreements shall be as follows:

(1) New agreement. This is an agreement instrument by which RDA

agrees to support a specified level of effort for a project not

supported previously under this program. This type of agreement is

approved on the basis of an RDA Staff evaluation review and

recommendation.

(2) Renewal agreement. This is an agreement instrument by which RDA

agrees to provide additional funding for a project beyond the period

approved in an original or amended agreement, provided that the

cumulative period does not exceed the statutory limitation. When a

renewal application is submitted, it must include a summary of progress

to date from the previous agreement period. A renewal agreement shall

be based upon new application, de novo review and staff evaluation, new

recommendation and approval, and a new award instrument.

(3) Supplemental agreement. This is an instrument by which RDA

agrees to provide small amounts of additional funding under a new or

renewal cooperative agreement as specified in paragraphs (c)(1) and

(c)(2) of this section and may involve a short-term (usually one year

or less) extension of the project period beyond that approved in an

original or amended award, but in no case may the cumulative period for

the project exceed the statutory limitation. A supplement is awarded

only if required to assure adequate completion of the original scope of

work and if there is sufficient justification to warrant such action. A

request of this nature will not require additional review.

(d) Obligation of the Federal Government. The approval of any

application or the award of any funds for a cooperative agreement shall

not commit nor obligate the United States in any way to make any

renewal, supplemental, continuation, or other award with respect to any

approved application or portion of an approved application.

(e) Obligation of the cooperator. The cooperator shall be

responsible for:

(1) Making a brief quarterly progress reports at the end of each

December, March, June and September to the FSROC program staff for the

duration of the research project;

(2) Presenting a final administrative report on the project at the

end of the research project; and

(3) Preparing and publishing a report(s) of research findings for

dissemination to interested producers, cooperatives, and agencies.

Include recognition to financial and other assistance received from the

FSROC program.

Sec. 4285.82 Use of funds; changes.

(a) Delegation of fiscal responsibility. The cooperator may not, in

whole or in part, delegate or transfer to another person, institution,

or organization the responsibility for use or expenditure of

cooperative agreement funds.

(b) Change in project plans. (1) The permissible changes by the

cooperator, principal investigator(s), or other key project personnel

in the approved cooperative agreement shall be limited to changes in

methodology, techniques, or other aspects of the project to expedite

achievement of the project's approved goals. If the cooperator and/or

the principal investigator(s) is uncertain whether a particular change

complies with this provision, the question must be referred to the

Assistant Administrator for Cooperative Services for a final

determination.

(2) Changes in approved goals, or objectives, shall be requested by

cooperator and approved in writing by the Assistant Administrator for

Cooperative Services, or authorized delegate, prior to effecting such

changes. Normally, no requests for such changes outside the scope of

the original approved project will be approved.

(3) Changes in approved project leadership or the replacement or

realignment of other key project personnel shall be requested by the

cooperator and approved in writing by the Assistant Administrator for

Cooperative Services, or authorized delegate, prior to effecting such

changes.

(4) Transfers of actual performance of the substantive programmatic

work in whole or in part and provisions for payment of funds, whether

or not Federal funds are involved, shall be requested by the cooperator

and approved in writing by the Assistant Administrator for Cooperative

Services, or authorized delegate, prior to effecting such changes,

except as may be allowed in the terms and conditions of a cooperative

agreement award.

(c) Changes in project period. The project period determined

pursuant to Sec. 4285.81(b) of this subpart may be extended by the

Assistant Administrator for Cooperative Services without additional

financial support, for such additional period(s) as the Assistant

Administrator for Cooperative Services determines may be necessary to

complete, or fulfill the purposes of, an approved project. Any

extension, when combined with the originally approved or amended

project period, shall not exceed four (4) years and shall be further

conditioned upon prior request by the cooperator and approval in

writing by the Assistant Administrator for Cooperative Services, or

authorized delegate, except as may be allowed in the terms and

conditions of a cooperative agreement award.

(d) Changes in approved budget. The terms and conditions of a

cooperative agreement will prescribe circumstances under which written

Agency approval must be requested and obtained prior to instituting

changes in an approved budget.

Secs. 4285.83-4285.92 [Reserved]

Sec. 4285.93 Other Federal statutes and regulations that apply.

Several other Federal statutes and regulations apply to cooperative

agreement proposals considered for review or to agreements awarded

under this part. These include but are not limited to:

(a) 7 CFR Part 1, Subpart A--USDA implementation of the Freedom of

Information Act;

(b) 7 CFR Part 3--USDA implementation of OMB Circular A-129

regarding debt collection;

(c) 7 CFR Part 15, Subpart A--USDA implementation of title VI of

the Civil Rights Act of 1964 in order to assure nondiscrimination;

(d) 7 CFR Part 1473--National Agricultural, Research, Extension,

and Teaching Policy Act Amendments of 1981 if the project involves a

college or university;

(e) 7 CFR Part 3015--USDA Uniform Federal Assistance Regulations

implementing OMB directives (i.e., Circular Nos. A-110, A-21, and A-

122) and incorporating provisions of 31 U.S.C. 6301-6308 (formerly, the

Federal Grant and Cooperative Agreement Act of 1977, Pub. L. 95-224, 92

Stat. 3), as well as general policy requirements applicable to

recipients of Departmental financial assistance;

(f) 7 CFR Part 3016--USDA Uniform Administrative Requirements for

Grants and Cooperative Agreements to State and Local Governments;

(g) 7 CFR Part 3017--USDA implementation of Governmentwide

Debarment and Suspension (Nonprocurement) and Governmentwide

Requirements for Drug-Free Workplace (Grants);

(h) 7 CFR Part 3018--USDA implementation of New Restrictions on

Lobbying. Imposes new prohibitions and requirements for disclosure and

certification related to lobbying on recipients of Federal contracts,

grants, cooperative agreements, and loans;

(i) 7 CFR Part 3051--Audits of Institutions of Higher Education and

Other Nonprofit Institutions;

(j) 29 U.S.C. 794, section 504--Rehabilitation Act of 1973, and 7

CFR Part 15B prohibiting discrimination based upon physical or mental

handicap in Federally assisted programs;

(k) 35 U.S.C. 200 et seq.--Bayh-Dole Act, controlling allocation of

rights to inventions made by employees of small business firms and

domestic nonprofit organizations, including universities, in Federally

assisted programs (implementing regulations are contained in 37 CFR

part 401).

Sec. 4285.94 Other conditions.

Post-award requirements. Upon awarding the cooperative agreement,

the post-award requirements of subparts C and D of part 3016 of this

title apply.

Secs. 4285.95-4285.99 [Reserved]

Sec. 4285.100 OMB control number.

The reporting and recordkeeping requirements contained in this

regulation have been approved by the Office of Management and Budget

(OMB) and have been assigned OMB control number 0570-0005. Public

reporting burden for this collection of information is estimated to

vary from 10 minutes to 36 hours per response with an average of 3.48

hours per response, including the time for reviewing instructions,

searching existing data sources, gathering and maintaining the data

needed, and completing and reviewing the collection of information.

Send comments regarding this burden estimate or any other aspect of

this collection of information, including suggestions for reducing this

burden, to Department of Agriculture, Clearance Officer, OIRM, Ag Box

7630, Washington, DC 20250; and to the Office of Management and Budget,

Paperwork Reduction Project (OMB # 0570-0005), Washington, DC 20503.

Dated: July 18, 1994.

Karl N. Stauber,

Acting Under Secretary for Small Community and Rural Development.

[FR Doc. 94-18287 Filed 7-27-94; 8:45 am]

BILLING CODE 3410-32-P