Administrative and Audit Requirements and Cost Principles for Assistance Programs

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 12

RIN 1090-AA41

Administrative and Audit Requirements and Cost Principles for

Assistance Programs

AGENCY: Office of the Secretary, Department of the Interior.

ACTION: Proposed rule; reopening of comment period.

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

SUMMARY: This document reopens and extends the comment period for the

notice of proposed rulemaking published on August 12, 1993 (58 FR

42918). This action is being taken because the Department was unable to

publish the final rule before the end of Fiscal Year 1993 and the Buy

American requirements were again included in the Department of the

Interior and Related Agencies Appropriations Act, 1994 and the Energy

and Water Development Appropriations Act, 1994. Pursuant to these

statutory provisions, the Department proposes to extend the

requirements to Fiscal Year 1994, under the same terms as set forth in

the August 12, 1993 document.

DATES: Comments must be in writing and must be received by February 14,

1994. Comments should be mailed to Acquisition and Assistance Division,

Office of Acquisition and Property Management, Department of the

Interior, 1849 C St., NW., Mail Stop 5512, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Dean Titcomb (Chief, Acquisition and

Assistance Division), (202) 208-6431.

SUPPLEMENTARY INFORMATION: On October 5, 1992, the Department of the

Interior and Related Agencies Appropriations Act for Fiscal Year 1993

(``the Act'') was signed into law. Section 319 of the Act was entitled

``Buy American Requirements.'' The section applied to funds

appropriated or transferred pursuant to the Act for the purchase of any

equipment or product that may have been authorized to be purchased with

financial assistance.

Section 319(b)(2) required that in providing financial assistance

under the Act, the Secretary shall provide to each recipient of the

assistance a notice describing the Buy American requirement. No other

specific Congressional guidance was given regarding the implementation

of this requirement.

The Department proposed to revise 43 CFR part 12, by adding subpart

E to implement these requirements. Since no specific guidance was

provided by Congress, the Department decided to base its implementation

upon similar rules in the Federal Acquisition Regulation.

Public Law 103-138, the ``Department of the Interior and Related

Agencies Appropriations Act, 1994,'' and Public Law 103-126, the

``Energy and Water Development Appropriations Act, 1994,'' extend the

Buy American requirements to awards of financial assistance under the

Department's general appropriation for Fiscal Year 1994, as well as to

similar awards by the Bureau of Reclamation. Because the statutes

change no other portions of the Buy American requirements, and because

the Department was unable to issue a final rule prior to the enactment

of the two statutes, the Department now proposes to issue a final rule

based on the proposed rule published on August 12, 1993. No other

significant changes are proposed.

Only one public comment was received in response to the publication

of the proposed rule. This action will allow for the receipt of more

comments to be considered prior to the publication of the final rule.

Dated: December 22, 1993.

B.R. Cohen,

Assistant Secretary-Policy, Management and Budget.

[FR Doc. 94-919 Filed 1-13-94; 8:45 am]

BILLING CODE 4310-RF-M