Rural Business Enterprise Grants and Television Demonstration Grants; Technical Assistance and Training Grants; Nonprofit National Corporations Loan and Grant Program

DEPARTMENT OF AGRICULTURE

Farmers Home Administration

7 CFR Parts 1942 and 1980

RIN 0575-AB53

Rural Business Enterprise Grants and Television Demonstration

Grants; Technical Assistance and Training Grants; Nonprofit National

Corporations Loan and Grant Program

AGENCY: Farmers Home Administration, USDA.

ACTION: Proposed rule.

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SUMMARY: The Farmers Home Administration (FmHA) proposes to amend the

FmHA policies and procedures governing the administration of programs

which authorize technical assistance as an eligible grant purpose. This

action is necessary to implement legislation that prohibits duplication

of technical assistance grant funding provided by the Forest Service

(FS). The intended effect of this action is to require that grant funds

may not be used to pay for technical assistance which duplicates

assistance provided under an action plan funded by the FS under the

National Forest-Department Rural Communities Economic Diversification

Act during 5 continuous years from the date of grant approval by the

FS.

DATES: Comments must be submitted on or before April 15, 1994.

ADDRESSES: Submit written comments in duplicate to the Office of the

Chief, Regulations Analysis and Control Branch, Farmers Home

Administration, U.S. Department of Agriculture, room 6348, South

Agriculture Building, 14th Street and Independence Avenue SW.,

Washington, DC 20250-0700. All written comments made pursuant to this

notice will be available for public inspection during regular working

hours at the above address.

FOR FURTHER INFORMATION CONTACT:

Jennifer Barton, Loan Specialist, Community Facilities Division, Rural

Development Administration, U.S. Department of Agriculture, room 6314,

South Agriculture Building, 14th Street and Independence Avenue SW.,

Washington, DC 20250-0700, telephone (202) 720-1504.

SUPPLEMENTARY INFORMATION:

Classification

We are issuing this proposed rule in conformance with Executive

Order 12866, and we have determined that it is not a ``significant

regulatory action.'' Based on information compiled by the Department,

we have determined that this proposed rule: (1) Would have an effect on

the economy of less than $100 million; (2) would not adversely affect

in a material way the economy, a sector of the economy, productivity,

competition, jobs, the environment, public health or safety, or State,

local, or tribal governments or communities; (3) would not create a

serious inconsistency or otherwise interfere with an action taken or

planned by another agency; (4) would not alter the budgetary impact of

entitlements, grants, user fees, or loan programs or rights and

obligations of recipients thereof; and (5) would not raise novel legal

or policy issues arising out of legal mandates, the President's

priorities, or principles set forth in Executive Order 12866.

Environmental Impact

This document has been reviewed in accordance with 7 CFR part 1940,

Subpart G, ``Environmental Program.'' FmHA has determined 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, an

Environmental Impact Statement is not required.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act, the

Administrator has determined that this action will not have a

significant economic impact on a substantial number of small entities

because the action will not affect a significant number of small

entities as defined by the Regulatory Flexibility Act (5 U.S.C. 601).

Executive Order 12778

The proposed regulation has been reviewed in light of Executive

Order 12778 and meets the applicable standards provided in sections

2(a) and 2(b)(2) of that Order. Provisions within this part which are

inconsistent with State law are controlling. All administrative

remedies pursuant to 7 CFR part 1900, Subpart B, must be exhausted

prior to filing suit.

Paperwork Reduction Act

The collection of information requirements contained in this

regulation have been submitted to the Office of Management and Budget

for review under section 3504(h) of the Paperwork Reduction Act of

1980. Public reporting burden for this collection of information is

estimated to vary from 30 minutes to 1.5 hours per response, with an

average of 1 hour per response including 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, room 404-W, Washington, DC 20250; and to the

Office of Management and Budget, Attention: Desk Officer for the

Farmers Home Administration, Washington, DC 20503.

Background

FmHA proposes this action to implement section 2375(e) of Public

Law 101-624, which requires the Secretary of Agriculture to ensure that

no substantially similar geographical or defined local area in a State

receives a grant for technical assistance to an economically

disadvantaged community from the FS and a grant for technical

assistance under a designated rural development program as defined in

section 365(b)(2) of the Consolidated Farm and Rural Development Act,

during any continuous 5-year period.

Programs Affected

The programs/activities are listed in the Catalog of Federal

Domestic Assistance under Numbers 10.424, Rural Development Grants;

10.434, Nonprofit National Corporations Loans and Grant Program; and

10.436, Technical Assistance and Training Grants. The 10.424 and 10.434

programs are subject to the provisions of Executive Order 12372 which

requires intergovernmental consultation with State and local officials.

The 10.436 program is exempt from the provisions of Executive Order

12372. FmHA conducts intergovernmental consultation in the manner

delineated in FmHA Instruction 1940-J.

List of Subjects in 7 CFR Parts 1942 and 1980

Business and industry; Community development; Community facilities;

Economics development, Grant programs--housing and community

development, Grant programs--nonprofit corporations, Industrial park,

Loan programs--nonprofit corporations, Rural areas.

Therefore, chapter XVIII, title 7, Code of Federal Regulations is

proposed to be amended as follows:

PART 1942--ASSOCIATIONS

1. The authority citation for part 1942 continues to read as

follows:

Authority: 7 U.S.C. 1989; 5 U.S.C. 301; 7 CFR 2.23; 7 CFR 2.70.

Subpart G--Rural Business Enterprise Grants and Television

Demonstration Grants

2. Section 1942.307 is amended by adding a new paragraph (a)(6) as

follows:

Sec. 1942.307 Limitations on use of grant funds.

(a) * * *

(6) To pay for technical assistance as defined in this subpart

which duplicates assistance provided to implement an action plan funded

by the Forest Service (FS) under the National Forest-Dependent Rural

Communities Economic Diversification Act for 5 continuous years from

the date of grant approval by the FS. To avoid duplicate assistance,

the grantee shall coordinate with FS and FmHA to ascertain if a grant

has been made in a substantially similar geographical or defined local

area in a State for technical assistance under the above program. The

grantee will provide documentations to FS and FmHA regarding the

contact with each agency. Under its program, the FS assists rural

communities dependent upon national forest resources by establishing

rural forestry and economic diversification action teams which prepare

action plans. Action plans are intended to provide opportunities to

promote economic diversification and enhance local economies dependent

upon national forest resources.

* * * * *

Subpart J--Technical Assistance and Training Grants

3. Section 1942.460 is amended by adding paragraph (g) to read as

follows:

Sec. 1942.460 Limitations.

* * * * *

(g) Pay for technical assistance as defined in this subpart which

duplicates assistance provided to implement an action plan funded by

the Forest Service (FS) under the National Forest-Dependent Rural

Communities Economic Diversification Act for 5 continuous years from

the date of grant approval by the FS. To avoid duplicate assistance,

the grantee shall coordinate with the FS and FmHA to ascertain if a

grant has been made in a substantially similar geographical or defined

local area in a State for technical assistance under the above

programs. The grantee will provide documentation to FS and FmHA

regarding the contact with each agency. Under its program, the FS

assists rural communities dependent upon national forest resources by

establishing rural forestry and economic diversification action teams

which prepare action plans. Action plans are intended to provide

opportunities to promote economic diversification and enhance local

economies dependent upon national forest resources.

PART 1980--GENERAL

4. The authority citation for part 1980 continues to read as

follows:

Authority: 7 U.S.C. 1989, 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR

2.23; 7 CFR 2.70.

Subpart G--Nonprofit National Corporations Loan and Grant Program

5. Section 1980.613 is amended by redesignating the existing

paragraph as paragraph (a) and adding subparagraph (b) to read as

follows:

Sec. 1980.613 Technical assistance.

* * * * *

(b) Grant funds for technical assistance which duplicates

assistance provided under an action plan funded by the Forest Service

(FS) under the National Forest-Dependent Rural Economic Diversification

Act provided for 5 continuous years from the date of grant approval by

the FS. To avoid duplicate assistance, the NNC shall coordinate with

the FS and FmHA to ascertain if a grant has been made in a

substantially similar geographical or defined local area in a State for

technical assistance under the above program. The NNC will provide

documentation to FS and FmHA regarding the contact with each agency.

Under its program, the FS assists rural communities dependent upon

national forest resources by establishing rural forestry and economic

diversification action teams which prepare action plans. Action plans

are intended to provide opportunities to promote economic

diversification and enhance local economies dependent upon national

forest resources.

Dated: March 1, 1994.

Bob J. Nash,

Under Secretary, Small Community and Rural Development.

[FR Doc. 94-6023 Filed 3-15-94; 8:45 am]

BILLING CODE 3410-07-M