[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Notices]
[Pages 61785-61786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23578]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service

Rural Business-Cooperative Service

Rural Utilities Service

Farm Service Agency


Notice of Request for Extension of a Currently Approved 
Information Collection

AGENCIES: Rural Housing Service, Rural Business-Cooperative Service, 
Rural Utilities Service, and Farm Service Agency, USDA.

ACTION: Proposed collection; comments requested.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the Rural Housing Service (RHS), the Rural Business-
Cooperative Service (RBS), Rural Utilities Service (RUS), and the Farm 
Service Agency's (FSA) intention to request an extension for a 
currently approved information collection in support of compliance with 
Civil Rights laws.

DATES: Comments on this notice must be received by December 20, 2004, 
to be assured of consideration.

FOR FURTHER INFORMATION CONTACT: Jacqueline Micheli, Equal Opportunity 
Specialist, Rural Development, Civil Rights Staff, U.S. Department of 
Agriculture, STOP 0703, 1400 Independence Ave., SW., Washington, DC 
20250-0703, telephone (202) 692-0099 (voice) or 692-0107 (TDD).

SUPPLEMENTARY INFORMATION: Title: 7 CFR 1901-E, Civil Rights Compliance 
Requirements.
    OMB Number: 0575-0018.
    Expiration Date: April 30, 2005.
    Type of Request: Extension of a Currently Approved Information 
Collection.
    Abstract: The information collection under OMB Number 0575-0018 
enables the RHS, RBS, RUS, and FSA to effectively monitor a recipient's 
compliance with the civil rights laws, and to determine whether or not 
service and benefits are being provided to beneficiaries on an equal 
opportunity basis.
    The RBS, RHS, RUS, and FSA, formerly the Farmers Home 
Administration, are required to provide Federal financial assistance 
through its farmer, housing, and community and business programs on an 
equal opportunity basis. The laws implemented in 7 CFR part 1901, 
subpart E (``1901-E''), require the recipients of RBS, RHS, RUS, and 
FSA's Federal financial assistance to collect various types of 
information, including information on participants in certain of these 
agencies' programs, by race, color, and national origin. While these 
agencies realize that the provisions of 1901-E are outdated as the 
result of statutory amendment and other processes of law, the 
information needed to be collected under this implementing regulation 
is not affected by the obsolete nature of the regulation. The RBS, RHS, 
RUS, and FSA use the information to monitor a recipient's compliance 
with the civil rights laws, and to determine whether or not service and 
benefits are being provided to beneficiaries on an equal opportunity 
basis. The agencies are in the process of revising 1901-E, and expect 
to publish for comment a Federal Register document proposing these 
revisions in 2005. The following laws are implemented in 7 CFR 1901-E:
    a. Title VI of the Civil Rights Act of 1964 (``Title VI''). The 
implementing regulations for this Act, issued by the U.S. Department of 
Justice and the U.S. Department of Agriculture (USDA), requires 
recipients of RBS'', RHS'' RUS'' and FSA's program assistance to 
collect information on the race/national origin

[[Page 61786]]

of the beneficiaries of their specific programs. This information is 
used by the RBS, RHS, RUS, and FSA for compliance review and monitoring 
purposes for Title VI.
    b. Title VIII of the Civil Rights Act of 1968 (as amended) (``Title 
VIII''). Section 808a of Title VIII (42 U.S.C. 3608a (1988)), in 
pertinent part, requires the Secretary of Agriculture to collect racial 
and ethnic data on beneficiaries and recipients of USDA's housing 
programs. Furthermore, the implementing regulations issued by the U.S. 
Department of Housing and Urban Development (HUD) and adopted by the 
RBS, RHS, RUS, and FSA, requires recipients and other participants in 
RHS's housing programs affirmatively to further fair housing by 
providing housing, and the opportunity to acquire housing in a non-
discriminatory fashion. One way to demonstrate compliance with Title 
VIII is to prepare Affirmative Fair Housing Marketing Plans, and to 
collect and maintain data to reflect compliance with the requirements 
of that plan. Furthermore, under the Memorandum of Understanding 
between HUD and USDA, many complaints of fair housing violations by 
USDA recipients will be processed by HUD. The collection and 
maintenance of this data will assist in the enforcement effort.
    c. Executive Order 11246. The implementing regulations issued by 
the U.S. Department of Labor (DOL), and adopted by the RBS, RHS, RUS, 
and FSA, require recipients of federally assisted construction 
contracts of $10,000 or more to maintain goals for hiring minorities 
and females, and to submit employment utilization reports to the DOL's 
Office of Federal Contract Compliance Programs.
    The information collected and maintained by the recipients of 
certain programs from RBS, RHS, RUS, and FSA is used internally by 
these agencies for monitoring compliance with the civil rights laws and 
regulations. This information is made available to USDA officials, 
officials of other Federal agencies, and to Congress for reporting 
purposes. Without the required information, RBS, RHS, RUS, FSA and its 
recipients will lack the necessary documentation to demonstrate that 
their programs are being administered in a nondiscriminatory manner, 
and in full compliance with the civil rights laws. In addition, the 
RBS, RHS, RUS, FSA, and their recipients would be vulnerable in 
lawsuits alleging discrimination in the affected programs of these 
agencies, and would be without appropriate data and documentation to 
defend themselves by demonstrating that services and benefits are being 
provided to beneficiaries on an equal opportunity basis.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 5.41 hours per response.
    Respondents: Recipients of RBS, RHS, RUS, and FSA's Federal 
financial assistance, loan, and loan guarantee programs.
    Estimated Number of Respondents: 54,653.
    Estimated Number of Responses per Respondent: 1.99.
    Estimated Number of Responses: 108,534.
    Estimated Total Annual Burden on Respondents: 587,568.
    Copies of this information collection can be obtained from Tracy 
Givelekian, Regulations and Paperwork Management Branch, Support 
Services Division, at (202) 692-0039.

Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Rural Development, including whether the information will have 
practical utility; (b) the accuracy of the Agencies' estimate of the 
burden of the proposed collection of information including the validity 
of the methodology and assumptions used; (c) ways to enhance the 
quality, utility and clarity of the information to be collected; and 
(d) ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology. Comments may be 
sent to Tracy Givelekian, Regulations and Paperwork Management Branch, 
Support Services Division, Rural Development U.S. Department of 
Agriculture, Ag Box 0742, Washington, DC 20250-0742. All responses to 
this notice will be summarized and included in the request for OMB 
approval. All comments will also become a matter of public record.

    Dated: October 13, 2004.
Gilbert G. Gonzalez,
Acting Under Secretary, Rural Development.

    Dated: October 13, 2004.
J.B. Penn,
Under Secretary, Farm and Foreign Agricultural Services.
[FR Doc. 04-23578 Filed 10-20-04; 8:45 am]
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