70578 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 

(4) Number of invalid ballots. 

§ 1221.229 FSA county office report. 

The county FSA office report shall be 

certified as accurate and complete by 

the CED or designee, acting on behalf of 

the Administrator, AMS, as soon as may 

be reasonably possible, but in no event 

shall submit no later than the 18th 

business day following the final day of 

the specified period. Each county FSA 

office shall transmit the results in its 

county to the FSA State office. The 

results in each county may be made 

available to the public upon notification 

by the Administrator, FSA, that the final 

results have been released by the 

Secretary. A copy of the report shall be 

posted for 30 calendar days following 

the date of notification by the 

Administrator, FSA, in the county FSA 

office in a conspicuous place accessible 

to the public. One copy shall be kept on 

file in the county FSA office for a period 

of at least 12 months after notification 

by FSA that the final results have been 

released by the Secretary. 

§ 1221.230 FSA State office report. 

Each FSA State office shall transmit to 

the Administrator, FSA, as soon as 

possible, but in no event later than the 

20th business day following the final 

day of the voting period, a report 

summarizing the data contained in each 

of the reports from the county FSA 

offices. One copy of the State summary 

shall be filed for a period of not less 

than 12 months after the results have 

been released and available for public 

inspection after the results have been 

released. 

§ 1221.231 Results of the referendum. 

(a) The Administrator, FSA, shall 

submit to the Administrator, AMS, 

reports from all State FSA offices. The 

Administrator, AMS shall tabulate the 

results of the ballots. USDA will issue 

an official press release announcing the 

results of referendum and publish the 

same results in the Federal Register. In 

addition, USDA will post the official 

results on its Web site. State reports and 

related papers shall be available for 

public inspection upon request during 

normal business hours at the Marketing 

Programs Branch; Livestock and Seed 

Program, AMS, USDA, Room 2628–S; 

STOP 0251; 1400 Independence 

Avenue, SW., Washington, DC. 

(b) If the Secretary deems necessary, 

a State report or county report shall be 

reexamined and checked by such 

persons who may be designated by the 

Secretary. 

§ 1221.232 Disposition of records. 

Each FSA CED will place in sealed 

containers marked with the 

identification of the ‘‘Sorghum Checkoff 

Program Referendum,’’ all of the Forms 

LS–379 along with the accompanying 

documentation and county summaries. 

Such records will be placed in a secure 

location under the custody of FSA CED 

for a period of not less than 12 months 

after the date of notification by the 

Administrator, FSA, that the final 

results have been announced by the 

Secretary. If the county FSA office 

receives no notice to the contrary from 

the Administrator, FSA, by the end of 

the 12 month period as described above, 

the CED or designee shall destroy the 

records. 

§ 1221.233 Instructions and forms. 

The Administrator, AMS, is 

authorized to prescribe additional 

instructions and forms not inconsistent 

with the provisions of this subpart. 

§ 1221.234 Confidentiality 

The names of persons voting in the 

referendum and ballots shall be 

confidential and the contents of the 

ballots shall not be divulged except as 

the Secretary may direct. The public 

may witness the opening of the ballot 

box and the counting of the votes but 

may not interfere with the process. 

Dated: November 10, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–29106 Filed 11–17–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

National Institute of Food and 

Agriculture 

7 CFR Part 3430 

[0524–AA64] 

Competitive and Noncompetitive 

Nonformula Federal Assistance 

Programs—Administrative Provisions 

for the Sun Grant Program 

AGENCY: National Institute of Food and 

Agriculture, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: The National Institute of Food 

and Agriculture (NIFA), formerly the 

Cooperative State Research, Education, 

and Extension Service (CSREES), is 

publishing a set of specific 

administrative requirements as subpart 

O to 7 CFR part 3430 for the Sun Grant 

Program to supplement the Competitive 

and Noncompetitive Non-formula 

Federal Assistance Programs—General 

Award Administrative Provisions for 

this program. The Sun Grant Program is 

authorized under section 7526 of the 

Food, Conservation, and Energy Act of 

2008 (FCEA). 

DATES: This interim rule is effective on 

November 18, 2010. The Agency must 

receive comments on or before March 

18, 2011. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number (RIN) 0524–AA64, by any of the 

following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: policy@NIFA.usda.gov. 

Include RIN 0524–AA64 in the subject 

line of the message. 

Fax: 202–401–7752. 

Mail: Paper, disk or CD–ROM 

submissions should be submitted to 

National Institute of Food and 

Agriculture; U.S. Department of 

Agriculture; STOP 2299; 1400 

Independence Avenue, SW.; 

Washington, DC 20250–2299. 

Hand Delivery/Courier: National 

Institute of Food and Agriculture; U.S. 

Department of Agriculture; Room 2255, 

Waterfront Centre; 800 9th Street, SW.; 

Washington, DC 20024. 

Instructions: All comments submitted 

must include the agency name and the 

RIN for this rulemaking. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Carmela Bailey, National Program 

Leader, Plant and Animal Systems, 

National Institute of Food and 

Agriculture, U.S. Department of 

Agriculture, STOP 3356, 1400 

Independence Avenue, Washington, DC 

20250–3356; Voice: 202–401–6443; Fax: 

202–401–4888; E-mail: 

cbailey@NIFA.usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary 

Authority 

Section 7526 of the Food, 

Conservation, and Energy Act of 2008 

(FCEA), Public Law 110–246 (7 U.S.C. 

8114), provides authority to the 

Secretary of Agriculture (Secretary) to 

establish and carry out the Sun Grant 

Program under which grants are 

provided to Sun Grant Centers 

(hereafter, the Center(s)) and a 

Subcenter (as designated in section 

7526(b)(1)(A)–(F) of the FCEA) for the 

purpose of subawarding 75 percent of 

USDA-awarded funds through a 

regional competitive grants program 

administered by the Centers and 

Subcenter to fund multi-institutional 


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and multistate research, extension, and 

education programs on technology 

development and integrated research, 

extension, and education programs on 

technology implementation, in 

accordance with the purpose and 

priorities as described in section 7526. 

The Centers and Subcenter will utilize 

the remaining balance of USDAawarded funds (after using up to 4 

percent of the USDA-awarded funds for 

the administrative expenses of carrying 

out the regional competitive grants 

program) to conduct such programs at 

the respective Center or the Subcenter. 

Additionally, section 7526(d) of the 

FCEA requires the Centers and 

Subcenter to jointly develop and submit 

to the Secretary for approval a plan for 

addressing the bioenergy, biomass, and 

gasification research priorities of USDA 

and the Department of Energy at the 

State and regional levels. With respect 

to gasification research activities, the 

Centers and Subcenter are required to 

coordinate planning with land-grant 

colleges and universities in their 

respective regions that have ongoing 

research activities in that area. The 

Centers and Subcenter must use the 

approved plan in making grants and 

must give priority to programs that are 

consistent with the plan. 

Section 7526(e) of the FCEA also 

requires the Centers and Subcenter to 

maintain, at the North-Central Center, a 

Sun Grant Information Analysis Center 

to provide the Centers and Subcenter 

with analysis and data management 

support. 

The USDA authority to carry out this 

program has been delegated to NIFA 

through the Under Secretary for 

Research, Education, and Economics. 

Purpose 

The objectives of the Sun Grant 

Program are to enhance national energy 

security through the development, 

distribution, and implementation of 

biobased energy technologies; to 

promote diversification in, and the 

environmental sustainability of, 

agricultural production in the United 

States through biobased energy and 

product technologies; to promote 

economic diversification in rural areas 

of the United States through biobased 

energy and product technologies; and to 

enhance the efficiency of bioenergy and 

biomass research and development 

programs through improved 

coordination and collaboration among 

USDA, the Department of Energy, and 

land-grant colleges and universities. 

Organization of 7 CFR Part 3430 

A primary function of NIFA is the 

fair, effective, and efficient 

administration of Federal assistance 

programs implementing agricultural 

research, education, and extension 

programs. As noted above, NIFA has 

been delegated the authority to 

administer this program and will be 

issuing Federal assistance awards for 

funding made available for this 

program; and thus, awards made under 

this authority will be subject to the 

Agency’s assistance regulations at 7 CFR 

part 3430, Competitive and 

Noncompetitive Non-formula Federal 

Assistance Programs—General Award 

Administrative Provisions. The 

Agency’s development and publication 

of these regulations for its non-formula 

Federal assistance programs serve to 

enhance its accountability and to 

standardize procedures across the 

Federal assistance programs it 

administers while providing 

transparency to the public. NIFA 

published 7 CFR part 3430 with 

subparts A through F as an interim rule 

on August 1, 2008 [73 FR 44897–44909] 

and as a final rule on September 4, 2009 

[74 FR 45736–45752]. These regulations 

apply to all Federal assistance programs 

administered by NIFA except for the 

formula grant programs identified in 7 

CFR 3430.1(f), the Small Business 

Innovation Research programs, with 

implementing regulations at 7 CFR part 

3403, and the Veterinary Medicine Loan 

Repayment Program (VMLRP) 

authorized under section 1415A of the 

National Agricultural Research, 

Extension, and Teaching Policy Act of 

1977 (NARETPA), with implementing 

regulations at 7 CFR part 3431. 

NIFA organized the regulation as 

follows: Subparts A through E provide 

administrative provisions for all 

competitive and noncompetitive nonformula Federal assistance awards. 

Subparts F and thereafter apply to 

specific NIFA programs. 

NIFA is, to the extent practical, using 

the following subpart template for each 

program authority: (1) Applicability of 

regulations, (2) purpose, (3) definitions 

(those in addition to or different from 

§ 3430.2), (4) eligibility, (5) project types 

and priorities, (6) funding restrictions 

(including indirect costs), and (7) 

matching requirements. Subparts F and 

thereafter contain the above seven 

components in this order. Additional 

sections may be added for a specific 

program if there are additional 

requirements or a need for additional 

rules for the program (e.g., additional 

reporting requirements). 

Through this rulemaking, NIFA is 

adding subpart O for the administrative 

provisions that are specific to the 

Federal assistance awards made under 

the Sun Grant Program authority. 

Timeline for Implementing Regulations 

NIFA is publishing this rule as an 

interim rule with a 120-day comment 

period and anticipates publishing a final 

rule by June 20, 2011. However, in the 

interim, these regulations apply to the 

Federal assistance awards made under 

the Sun Grant Program authority. 

II. Administrative Requirements for the 

Proposed Rulemaking 

Executive Order 12866 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866, and therefore, has not 

been reviewed by the Office of 

Management and Budget. This interim 

rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; nor will it materially 

alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs; nor will it have an annual 

effect on the economy of $100 million 

or more; nor will it adversely affect the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities in a material way. 

Furthermore, it does not raise a novel 

legal or policy issue arising out of legal 

mandates, the President’s priorities or 

principles set forth in the Executive 

Order. 

Regulatory Flexibility Act of 1980 

This interim rule has been reviewed 

in accordance with the Regulatory 

Flexibility Act of 1980, as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

5 U.S.C. 601–612. The Department 

concluded that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The rule does not involve regulatory 

and informational requirements 

regarding businesses, organizations, and 

governmental jurisdictions subject to 

regulation. 

Paperwork Reduction Act (PRA) 

The Department certifies that this 

interim rule has been assessed in 

accordance with the requirements of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. (PRA). The Department 

concludes that this interim rule does not 

impose any new information 

requirements; however, the burden 

estimates will increase for existing 

approved information collections 

associated with this rule due to 

additional applicants. These estimates 

will be provided to OMB. In addition to 

the SF–424 form families (i.e., Research 


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and Related and Mandatory), and the 

SF–425 Federal Financial Report; NIFA 

has three currently approved OMB 

information collections associated with 

this rulemaking: OMB Information 

Collection No. 0524–0042, NIFA 

Current Research Information System 

(CRIS); No. 0524–0041, NIFA 

Application Review Process; and No. 

0524–0026, Assurance of Compliance 

with the Department of Agriculture 

Regulations Assuring Civil Rights 

Compliance and Organizational 

Information. 

Catalog of Federal Domestic Assistance 

This interim regulation applies to the 

Federal assistance program 

administered by NIFA under the Catalog 

of Federal Domestic Assistance (CFDA) 

No. 10.320, Sun Grant Program. 

Unfunded Mandates Reform Act of 1995 

and Executive Order 13132 

The Department has reviewed this 

interim rule in accordance with the 

requirements of Executive Order No. 

13132 and the Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 1501 et 

seq., and has found no potential or 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. As there is no 

Federal mandate contained herein that 

could result in increased expenditures 

by State, local, or tribal governments, or 

by the private sector, the Department 

has not prepared a budgetary impact 

statement. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

The Department has reviewed this 

interim rule in accordance with 

Executive Order 13175, and has 

determined that it does not have ‘‘tribal 

implications.’’ The interim rule does not 

‘‘have substantial direct effects on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes.’’ 

Clarity of This Regulation 

Executive Order 12866 and the 

President’s Memorandum of June 1, 

1998, require each agency to write all 

rules in plain language. The Department 

invites comments on how to make this 

interim rule easier to understand. 

List of Subjects in 7 CFR Part 3430 

Administrative practice and 

procedure, Agricultural research, 

Education, Extension, Federal 

assistance. 

■ Accordingly, Chapter XXXIV of Title 

7 of the Code of Federal Regulations is 

amended as set forth below: 

PART 3430—COMPETITIVE AND 

NONCOMPETITIVE NON-FORMULA 

FEDERAL ASSISTANCE PROGRAMS— 

GENERAL AWARD ADMINISTRATIVE 

PROVISIONS 

■ 1. The authority for part 3430 

continues to read as follows: 

Authority: 7 U.S.C. 3316; Pub. L. 106–107 

(31 U.S.C. 6101 note). 

Subpart N—[Added and Reserved] 

■ 2. Add and reserve subpart N. 

■ 3. Add a new subpart O, to read as 

follows: 

Subpart O—Sun Grant Program 

Sec. 

3430.1000 Applicability of regulations. 

3430.1001 Purpose. 

3430.1002 Definitions. 

3430.1003 Eligibility. 

3430.1004 Project types and priorities. 

3430.1005 Funding restrictions. 

3430.1006 Matching requirements. 

3430.1007 Planning activities. 

3430.1008 Sun Grant Information Analysis 

Center. 

3430.1009 Administrative duties. 

3430.1010 Review criteria. 

3430.1011 Duration of awards. 

Subpart O—Sun Grant Program 

§ 3430.1000 Applicability of regulations. 

The regulations in this subpart apply 

to the Federal assistance awards made 

under the program authorized under 

section 7526 of the Food, Conservation, 

and Energy Act of 2008 (FCEA), Pub. L. 

110–246 (7 U.S.C. 8114). 

§ 3430.1001 Purpose. 

In carrying out the program, NIFA is 

authorized to make awards under 

section 7526 of the FCEA to eligible 

entities (as designated in section 

7526(b)(1)(A)–(F) of the FCEA) to fund 

subgrants and activities that: 

(a) Enhance national energy security 

through the development, distribution, 

and implementation of biobased energy 

technologies; 

(b) Promote diversification in, and the 

environmental sustainability of, 

agricultural production in the United 

States through biobased energy and 

product technologies; 

(c) Promote economic diversification 

in rural areas of the United States 

through biobased energy and product 

technologies; and 

(d) Enhance the efficiency of 

bioenergy and biomass research and 

development programs through 

improved coordination and 

collaboration among the Department, 

the Department of Energy, and landgrant colleges and universities. 

§ 3430.1002 Definitions. 

The definitions specific to the Sun 

Grant Program are from the authorizing 

legislation, the National Program 

Leadership of NIFA, and the 

Department of Energy. The definitions 

applicable to the program under this 

subpart include: 

Biobased product means: 

(1) An industrial product (including 

chemicals, materials, and polymers) 

produced from biomass; or 

(2) A commercial or industrial 

product (including animal feed and 

electric power) derived in connection 

with the conversion of biomass to fuel. 

Bioenergy means power generated in 

the form of electricity or heat using 

biomass as a feedstock. 

Center means a Sun Grant Center 

identified in § 3430.1003(a)(1) through 

(5). 

Gasification means a process that 

converts carbonaceous materials, such 

as biomass, into carbon monoxide and 

hydrogen by reacting the raw material, 

high temperatures with a controlled 

amount of oxygen and/or steam. 

Subcenter means the Sun Grant 

Subcenter identified in 

§ 3430.1003(a)(6). 

Technology development means the 

process of research and development of 

technology. 

Technology implementation means 

the introduction of new technologies to 

either an existing organization, or to a 

larger community, such as a type of 

business. 

§ 3430.1003 Eligibility. 

(a) Sun Grant Centers and Subcenter. 

NIFA will use amounts appropriated for 

the Sun Grant Program to provide grants 

to the following five Centers and one 

Subcenter: 

(1) A North-Central Center at South 

Dakota State University for the region 

composed of the States of Illinois, 

Indiana, Iowa, Minnesota, Montana, 

Nebraska, North Dakota, South Dakota, 

Wisconsin, and Wyoming; 

(2) A Southeastern Center at the 

University of Tennessee at Knoxville for 

the region composed of the States of 

Alabama, Florida, Georgia, Kentucky, 

Mississippi, North Carolina, South 

Carolina, Tennessee, and Virginia, the 

Commonwealth of Puerto Rico, and the 

United States Virgin Islands; 

(3) A South-Central Center at 

Oklahoma State University for the 

region composed of the States of 

Arkansas, Colorado, Kansas, Louisiana, 


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Missouri, New Mexico, Oklahoma, and 

Texas; 

(4) A Northeastern Center at Cornell 

University for the region composed of 

the States of Connecticut, Delaware, 

Massachusetts, Maryland, Maine, 

Michigan, New Hampshire, New Jersey, 

New York, Ohio, Pennsylvania, Rhode 

Island, Vermont, and West Virginia; 

(5) A Western Center at Oregon State 

University for the region composed of 

the States of Alaska, Arizona, California, 

Hawaii, Idaho, Nevada, Oregon, Utah, 

and Washington, and insular areas 

(other than the Commonwealth of 

Puerto Rico and the United States Virgin 

Islands); and 

(6) A Western Insular Pacific 

Subcenter at the University of Hawaii 

(that receives Federal funds through the 

Western Center rather than directly from 

NIFA, in accordance with 

§ 3430.1004(b)) for the region of Alaska, 

Hawaii, Guam, American Samoa, the 

Commonwealth of the Northern Mariana 

Islands, the Federated States of 

Micronesia, the Republic of the 

Marshall Islands, and the Republic of 

Palau. 

(b) Subawardees of the Centers and 

Subcenter. To be eligible for a subaward 

from a Center or Subcenter pursuant to 

§ 3430.1004(a)(1), an applicant: 

(1) Must be located in the region 

covered by the applicable Center or 

Subcenter; and 

(2) Must be one of the following: 

(i) State agricultural experiment 

station; 

(ii) College or university; 

(iii) University research foundation; 

(iv) Other research institution or 

organization; 

(v) Federal agency; 

(vi) National laboratory; 

(vii) Private organization or 

corporation; 

(viii) Individual; or 

(ix) Any group consisting of 2 or more 

entities described in paragraphs (b)(2)(i) 

through (viii) of this section. 

(c) Ineligibility. A Center or Subcenter 

will be ineligible for funding under the 

Sun Grant Program if NIFA determines 

on the basis of an audit or a review of 

a report submitted under § 3430.1009 

that the Center or Subcenter has not 

complied with the requirements of 

section 7526 of the FCEA (7 U.S.C. 

8114). A Center or Subcenter 

determined to be ineligible pursuant to 

this paragraph will remain ineligible for 

such period of time as deemed 

appropriate by NIFA. This ineligibility 

requirement is in addition to the 

enforcement actions that NIFA may take 

pursuant to § 3430.60. 

§ 3430.1004 Project types and priorities. 

(a) Project types. The Sun Grant 

Program provides funds for two distinct 

project types. Subject to paragraph (b), 

of the funds provided by NIFA to the 

Centers and Subcenter, the required use 

of funds by each of the Centers and the 

Subcenter is as follows: 

(1) Regional competitive research, 

extension, and education grant 

programs. Seventy-five percent must be 

used for regional competitively awarded 

research, extension, and education 

subgrants to eligible entities (described 

in § 3430.1003(b)) to conduct, in a 

manner consistent with the purposes 

described in § 3430.1001, multiinstitutional and multistate research, 

extension, and education programs on 

technology development and multiinstitutional and multistate integrated 

research, extension, and education 

programs on technology 

implementation. Regional competitive 

grants programs will target specific 

elements of the purposes described in 

§ 3430.1001, implementing national 

priorities in the context of regional scale 

biogeographic and climatic conditions. 

(i) Requests for applications. The 

Centers and Subcenter must develop 

regional requests for applications 

(RFAs) utilizing guidance from regional 

advisory panels created and 

administered by the Centers and 

Subcenter for purposes of addressing 

region-specific issues, and which 

include representation from academia, 

the national laboratories, Federal and 

State agencies, the private sector, and 

public interest groups. Advisory panel 

members will have appropriate 

expertise and experience in the areas of 

biomass and bioenergy. 

(ii) Peer review of proposals. Each 

region will announce RFAs and solicit 

proposals. These proposals must be peer 

reviewed by panels in a manner similar 

to the system of peer review required by 

section 103 of the Agricultural Research, 

Extension, and Education Reform Act of 

1998 (7 U.S.C. 7613), and may include 

representation from Federal and State 

laboratories, the national laboratories, 

and private and public interest groups, 

as appropriate. The Centers and 

Subcenter may use implementing 

regulations found in §§ 3430.31 through 

3430.37 as a guideline for appropriate 

peer review standards. Additional 

guidance may be provided by NIFA. To 

ensure consistency across the regions, 

prior to announcing the regional RFAs 

that will be used to solicit proposals, the 

Centers and Subcenter must provide 

NIFA the RFAs for approval by the 

designated NIFA program contact, as 

identified in the NIFA program 

solicitation. The Centers and Subcenter 

shall award subgrants on the basis of 

merit, quality, and relevance to 

advancing the purposes of the Sun 

Grant Program. 

(2) Research, extension, and 

education activities conducted at the 

Centers and Subcenter. Except for funds 

available for administrative expenses as 

provided in § 3430.1005(b), the 

remainder of the funds must be used for 

multi-institutional and multistate 

research, extension, and education 

programs on technology development 

and multi-institutional and multistate 

integrated research, extension, and 

education programs on technology 

implementation, in a manner consistent 

with the purposes described in 

§ 3430.1001. 

(b) Special provisions for the Western 

Center and Western Insular Pacific 

Subcenter. Funds provided by NIFA to 

the Western Insular Pacific Subcenter 

shall come from an allocation of a 

portion of the funds received by the 

Western Center, as directed by NIFA in 

the program solicitation, rather than 

directly from NIFA. For the Center, the 

phrase ‘‘funds provided by NIFA’’ in 

paragraph (a) of this section refers to 

those funds provided by NIFA for the 

Sun Grant Program that are not 

allocated to the Subcenter. For the 

Subcenter, the phrase ‘‘funds provided 

by NIFA’’ in paragraph (a) of this section 

refers to those funds that are allocated 

to the Subcenter. 

(c) Priorities. For the regional 

competitive grants program under 

paragraph (a)(1) of this section, the 

Centers and Subcenter shall use the 

plan approved by NIFA under 

§ 3430.1007 in making subawards and 

shall give a higher priority to proposals 

that are consistent with the plan. 

§ 3430.1005 Funding restrictions. 

(a) Facility costs. Funds made 

available under the Sun Grant Program 

shall not be used for the construction of 

a new building or facility or the 

acquisition, expansion, remodeling, or 

alteration of an existing building or 

facility (including site grading and 

improvement, and architect fees). 

(b) Indirect cost provisions for 

regional competitive research, 

extension, and education grant 

programs. Funds provided by NIFA to 

the Centers and Subcenter for the 

regional competitive grants program 

under § 3430.1004(a)(1) may not be used 

for the indirect costs of awarding the 

competitive grants. However, up to 4 

percent of the total funds provided by 

NIFA to each of the five Centers and the 

Subcenter under § 3430.1004 for the 

Sun Grant Program may be budgeted for 


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administrative costs incurred in 

awarding the competitive grants. 

(c) Indirect cost provisions for 

research, extension, and education 

activities conducted at the Centers and 

Subcenter. Subject to § 3430.54, indirect 

costs are allowable for the funds 

provided by NIFA to the Centers and the 

Subcenter for the research, extension, 

and education programs under 

§ 3430.1004(a)(2). 

(d) Required allocations. Each Center 

and Subcenter must fund subgrants in a 

proportion that is a minimum 30 

percent for conducting multiinstitutional and multistate research, 

extension, and education programs on 

technology development; and a 

minimum 30 percent for conducting 

integrated multi-institutional and 

multistate research, extension, and 

education programs on technology 

implementation. Each Sun Grant Center 

must clearly demonstrate a common 

procedure for ensuring the required 

allocations are met, and for maintaining 

documentation of these required 

percentages for audit purposes. 

§ 3430.1006 Matching requirements. 

(a) Matching provisions for the 

Centers and Subcenter. The Centers and 

the Subcenter are not required to match 

Federal funds. 

(b) Matching provisions for 

subawards. For subawards made by the 

Centers or Subcenter through the 

competitive grants process, not less than 

20 percent of the cost of an activity must 

be matched with funds, including inkind contributions, from a non-Federal 

source, by the subawardee. 

(1) Exception for fundamental 

research. This matching requirement 

does not apply to fundamental research 

(as defined in § 3430.2). 

(2) Special matching provisions for 

applied research. With prior approval 

by the NIFA authorized departmental 

officer (ADO), the Center or Subcenter 

may reduce or eliminate the matching 

requirement for applied research (as 

defined in § 3430.2) if the Center or 

Subcenter determines that the reduction 

is necessary and appropriate pursuant to 

guidance issued by NIFA. 

§ 3430.1007 Planning activities. 

(a) Required plan. The Centers and 

Subcenter shall jointly develop and 

submit to NIFA for approval a plan for 

addressing the bioenergy, biomass, and 

gasification research priorities of the 

Department and the Department of 

Energy at the State and regional levels. 

To comply with this requirement, NIFA 

requires that the proposals from each of 

the five Centers be of similar format and 

subject matter and complementary to 

comprise a national program for 

purposes of serving as the actual ‘‘plan.’’ 

Each proposal will present a plan that 

includes a description of what will be 

done in common and collectively by the 

Centers and Subcenter, what each will 

do as a Center and Subcenter, and how 

each Center and Subcenter will 

implement its regional competitive 

grants program. Proposals submitted to 

the Sun Grant Program must be 

sufficiently detailed and of high enough 

quality and demonstrate adequate 

evidence of collaboration to meet this 

requirement. Funds available for 

administrative costs (see § 3430.1005(b)) 

may be used to meet this requirement. 

(b) Gasification. With respect to 

gasification research activities, the 

Centers and Subcenter shall coordinate 

planning with land-grant colleges and 

universities in their respective regions 

that have ongoing research activities in 

that area. 

§ 3430.1008 Sun Grant Information 

Analysis Center. 

The Centers and Subcenter shall 

maintain, at the North-Central Center, a 

Sun Grant Information Analysis Center 

to provide the Centers and Subcenter 

with analysis and data management 

support. Each Center and Subcenter 

shall allocate a portion of the funds 

available for administrative or indirect 

costs under § 3430.1005 to maintain the 

Sun Grant Information Analysis Center. 

§ 3430.1009 Administrative duties. 

In addition to other reporting 

requirements agreed to in the terms and 

conditions of each award, not later than 

90 days after the end of each Federal 

fiscal year, each Center and Subcenter 

shall submit to NIFA a report that 

describes the policies, priorities, and 

operations of the program carried out by 

the Center or Subcenter during the fiscal 

year, including the results of all peer 

and merit review procedures conducted 

as part of administering the regional 

competitive research, extension, and 

educational grant programs; and a 

description of progress made in 

facilitating the plan described in 

§ 3430.1007. 

§ 3430.1010 Review criteria. 

Panel reviewers conducting merit 

reviews on proposals submitted by the 

Centers will be instructed to ensure that 

proposals adequately address the plan 

developed in accordance with 

§ 3430.1007 for consideration of the 

relevance and merit of proposals. 

§ 3430.1011 Duration of awards. 

The term of a Federal assistance 

award made under the Sun Grant 

Program shall not exceed 5 years. Nocost extensions of time beyond the 

maximum award terms will not be 

considered or granted. 

Signed at Washington, DC, August 26, 

2010. 

Roger Beachy, 

Director, National Institute of Food and 

Agriculture. 

[FR Doc. 2010–29103 Filed 11–17–10; 8:45 am] 

BILLING CODE 3410–22–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 905 

[Docket No. FR–4843–C–03] 

RIN 2577–AC49 

Use of Public Housing Capital Funds 

for Financing Activities 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Final rule; correction. 

SUMMARY: This publication makes a 

technical correction to the preamble of 

the final rule on Capital Fund 

Financing, published on October 21, 

2010. That preamble erroneously 

included a paragraph in the ‘‘Findings 

and Certifications’’ section’’ headed 

‘‘Congressional Review of Final Rules.’’ 

That paragraph is only relevant where a 

rule is deemed economically significant, 

which this rule is not. Therefore, this 

paragraph should not have been 

included in the ‘‘Findings and 

Certifications’’ section of the preamble. 

Removing this paragraph makes no 

substantive change to the rule. 

DATES: Effective Date: December 20, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riddel, Director, Office of Capital 

Improvements, Office of Public and 

Indian Housing, Department of Housing 

and Urban Development, 451 7th Street, 

SW., Washington, DC 20410–8000; 

telephone number 202–708–1640, 

extension 4999 (this is not a toll-free 

number). Hearing- or speech-impaired 

individuals may access this number 

through TTY by calling the toll-free 

Federal Information Relay Service at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: On 

October 21, 2010 (75 FR 65198), HUD 

published a final rule that implements 

the Capital Fund Finance Program 

(CFFP) to allow public housing agencies 

(PHAs) to use a portion of their Capital 

Funds for financing activities, including 

modernization and development 

activities along with the payment of 


jdjones on DSK8KYBLC1PROD with RULES