45968 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Cooperative State Research, 

Education, and Extension Service 

7 CFR Part 3430 

RIN 0524–AA59 

Competitive and Noncompetitive NonFormula Federal Assistance 

Programs—Specific Administrative 

Provisions for the Beginning Farmer 

and Rancher Development Program 

AGENCY: Cooperative State Research, 

Education, and Extension Service, 

USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: The Cooperative State 

Research, Education, and Extension 

Service (CSREES) is publishing a set of 

specific administrative requirements for 

the Beginning Farmer and Rancher 

Development Program (BFRDP) to 

supplement the Competitive and 

Noncompetitive Non-Formula Federal 

Assistance Programs—General Award 

Administrative Provisions for this 

program. The BFRDP is authorized 

undersection 7405 of the Farm Security 

and Rural Investment Act of 2002, as 

amended by section 7410 of the Food, 

Conservation, and Energy Act of 2008. 

DATES: This interim rule is effective on 

September 4, 2009. The Agency must 

receive comments on or before 

November 3, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0524–AA59, by any of 

the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: RFP–OEP@csrees.usda.gov. 

Include Regulatory Information Number 

(RIN) 0524–AA59 in the subject line of 

the message. 

Fax: 202–401–7752. 

Mail: Paper, disk or CD–ROM 

submissions should be submitted to 

Cooperative State Research, Education, 

and Extension Service; U.S. Department 

of Agriculture; STOP 2299; 1400 

Independence Avenue, SW.; 

Washington, DC 20250–2299. 

Hand Delivery/Courier: Cooperative 

State Research, Education, and 

Extension Service; U.S. Department of 

Agriculture; Room 2258, Waterfront 

Centre; 800 9th Street, SW.; 

Washington, DC 20024. 

Instructions: All submissions received 

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: Dr. 

Siva Sureshwaran, National Program 

Leader, Competitive Programs Unit; 

Cooperative State Research, Education, 

and Extension Service, U.S. Department 

of Agriculture, STOP 2240, 1400 

Independence Avenue, SW., 

Washington, DC 20250–2240; Voice: 

202–2720–7536; Fax: 202–401–6070; 

E-mail: ssureshwaran@csrees.usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary 

Authority 

Section 7405 of the Farm Security and 

Rural Investment Act of 2002 (FSRIA), 

Public Law 107–171 (7 U.S.C. 3319f), as 

amended by section 7410 of the Food, 

Conservation, and Energy Act of 2008 

(FCEA), Public Law 110–246, provided 

the authority to the Secretary of 

Agriculture (Secretary) to provide 

training, education, outreach, and 

technical assistance to beginning 

farmers or ranchers. The authority to 

carry out this program has been 

delegated to CSREES through the Under 

Secretary for Research, Education, and 

Economics. 

In carrying out the program, the 

Secretary is authorized to make 

competitive grants under section 

7405(c) of FSRIA to support new and 

established local and regional training, 

education, outreach, and technical 

assistance initiatives that address the 

needs of beginning farmers and 

ranchers. The Secretary may award a 

BFRDP grant to a collaborative State, 

tribal, local, or regionally-based network 

or partnership of public or private 

entities, which may include: A State 

cooperative extension service; a Federal, 

State, or tribal agency; a communitybased and nongovernmental 

organization; a college or university 

(including an institution awarding an 

associate’s degree) or foundation 

maintained by a college or university; or 

any other appropriate partner, as 

determined by the Secretary. BFRDP 

grants shall be awarded to address 

needs of beginning farmers and ranchers 

in the following areas: Mentoring, 

apprenticeships, and internships; 

resources and referrals; assisting 

beginning farmers or ranchers in 

acquiring land from retiring farmers and 

ranchers; innovative farm and ranch 

transfer strategies; entrepreneurship and 

business training; model land leasing 

contracts; financial management 

training; whole farm planning; 

conservation assistance; risk 

management education; diversification 

and marketing strategies; curriculum 

development; understanding the impact 

of concentration and globalization; basic 

livestock and crop farming practices; the 

acquisition and management of 

agricultural credit; environmental 

compliance; information processing; 

and other similar subject areas of use to 

beginning farmers or ranchers. Pursuant 

to FSRIA section 7405(c)(3), these grants 

shall not have a term of more than 3 

years and shall not be in an amount 

greater than $250,000 per year; however, 

eligible recipients may receive 

consecutive grants. These awards also 

are prohibited by statute from 

supporting planning, repair, 

rehabilitation, acquisition, or 

construction of a building or facility. In 

addition, not less than 25 percent of 

these BFRDP grant funds for a fiscal 

year must be used to support programs 

and services that address the needs of 

limited resource beginning farmers or 

ranchers; socially disadvantaged 

beginning farmers or ranchers; and 

farmworkers desiring to become farmers 

or ranchers. All BFRDP grant applicants 

are required to provide funds or in-kind 

support in an amount that is at least 

equal to 25 percent of the Federal funds 

requested. In making BFRDP grants, 

priority will be given to partnerships 

and collaborations that are led by or 

include nongovernmental and 

community-based organizations with 

expertise in new agricultural producer 

training and outreach. Geographical 

diversity will be ensured to the 

maximum extent practicable. 

FSRIA section 7405(d) also requires 

the Secretary to establish beginning 

farmer and rancher education teams to 

develop curricula and conduct 

educational programs and workshops 

for beginning farmers or ranchers in 

diverse geographical areas of the United 

States. The Secretary is required, in 

promoting the development of curricula 

and to the maximum extent practicable, 

to include modules tailored to specific 

audiences of beginning farmers or 

ranchers, based on crop or regional 

diversity. The Secretary is required to 

cooperate, to the maximum extent 

practicable, with (1) State cooperative 

extension services; (2) Federal and State 

agencies; (3) community-based and 

nongovernmental organizations; (4) 

colleges and universities (including an 

institution awarding an associate’s 

degree) or foundations maintained by a 

college or university; and other 

appropriate partners, as determined by 

the Secretary. 

FSRIA section 7405(e) requires the 

Secretary to establish an online 

clearinghouse that makes available to 

beginning farmers or ranchers education 

curricula and training materials and 

programs, which may include online 


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Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 45969 

courses for direct use by beginning 

farmers or ranchers. 

For fiscal year (FY) 2009, $18 million 

has been made available for the BFRDP, 

including administrative costs. 

Organization of 7 CFR Part 3430 

A primary function of CSREES is the 

fair, effective, and efficient 

administration of Federal assistance 

programs implementing agricultural 

research, education, and extension 

programs. As noted above, CSREES 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. CSREES 

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 September 4, 2009. 

These regulations apply to all Federal 

assistance programs administered by 

CSREES 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). 

CSREES 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 CSREES programs. 

CSREES 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, 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, CSREES is adding subpart J 

for the administrative provisions that 

are specific to the BFRDP. 

Solicitation of Stakeholder Input and 

Development of Subpart J 

CSREES published a Federal Register 

Notice on September 24, 2008 [73 FR 

54987–54988], soliciting written 

stakeholder input comments through 

November 14, 2008, on the 

implementation of the BFRDP, and 

announcing a public meeting to solicit 

additional input. This public meeting 

was held on October 27, 2008, at the 

Waterfront Centre in Washington, DC. In 

addition, CSREES conducted listening 

sessions in Cherry Hill, New Jersey, on 

October 6, 2008; Houston, Texas, on 

October 6, 2008; and Little Rock, 

Arkansas, on October 22, 2008; and 

Webinars on October 28, 2008, and 

October 30, 2008. Information on the 

solicitation of stakeholder input is 

available at http://www.csrees.usda.gov/ 

nea/ag_systems/in_focus/ 

smallfarm_if_bfrdp.html. All 

stakeholder input received has been 

made available at http:// 

www.regulations.gov under 

CSREES_FRDOC_0001. 

Approximately 50 people attended 

the public meeting on October 27, 2008, 

from several community-based and 

nongovernmental organizations (e.g., 

Land Stewardship Project, Sustainable 

Agriculture Coalition, California Farm 

Link, New American Sustainable 

Agriculture Project, Rural Coalition, 

American Farm Bureau, and Center for 

Rural Affairs); professional 

organizations (e.g., Future Farmers of 

America (FFA), National Association of 

State Universities and Land-Grant 

Colleges (NASULGC), and American 

Forest Foundation), colleges and 

universities (e.g., Iowa State University), 

State and Federal Agencies (USDA 

Office of Small Farm Coordination and 

Pennsylvania Department of 

Agriculture), farms and small businesses 

(e.g., Simple Gifts Farm and Custom Ag 

Solutions), and others. 

To provide more opportunities for 

interested stakeholders to participate, 

internet based Webinars were held on 

October 28, 2008, and October 30, 2008. 

CSREES also received several 

stakeholder comments through the 

advertised call-in number, fax, and email. CSREES considered all the 

stakeholder input received from the 

public meeting, Webinars, as well as 

other written comments in developing 

the RFA for this program. 

Based on stakeholder input, farm 

safety, forestry and range management, 

and organic and peri-urban farming are 

added to the list of priorities in FY 

2009. As recommended by stakeholders, 

evaluation criteria include emphasis on 

past experience in providing education, 

training, and mentoring to beginning 

farmers and ranchers; direct interaction 

with farmers; and definition of target 

audience. As requested by the 

stakeholders, interaction with FFA and 

other young farmer groups and the 

Secretary’s Advisory Group on 

Beginning Farmers and Ranchers is 

encouraged. Following the legislation 

and stakeholder recommendations, 

priority will be given to projects that are 

led by or include community-based 

organizations and/or nongovernmental 

organizations. In addition, there will be 

an ongoing process in evaluating and 

implementing suggestions made by 

stakeholders into the BFRDP program 

and ongoing stakeholder input will be 

encouraged and opportunities provided 

as the program moves forward. 

In subpart J of 7 CFR part 3430, 

CSREES is adding sections on 

applicability of the regulations, purpose, 

definitions, eligibility, project types and 

priorities, funding restrictions, matching 

requirements, stakeholder input, review 

criteria, and other considerations. Under 

§ 3430.602, CSREES is adding the 

definitions of ‘‘beginning farmer or 

rancher,’’ ‘‘clearinghouse,’’ and ‘‘limited 

resource beginning farmers or 

ranchers.’’ Under § 3430.604, CSREES 

clarifies the type of projects that may be 

funded under this authority: standard 

BFRDP projects and other BFRDP 

projects. The legislative requirements of 

standard BFRDP projects are found 

under FSRIA section 7405(c), and the 

legislative requirements for other 

BFRDP projects are found under 

sections 7405(d) and (e). Standard 

BFRDP projects are limited to 3 years 

and may not exceed $250,000 per year; 

whereas, other BFRDP projects are 

limited to 5 years pursuant to section 

1472 of NARETPA (7 U.S.C. 3318). Also, 

other BFRDP projects are not subject to 

the $250,000 per year limitation. 

Section 3430.605 on funding restrictions 

clarifies that indirect cost costs are 

allowed, subject to § 3430.54. Section 

3430.606 on matching requirements 

states that the matching requirements 

apply to both standard BFRDP projects 

and other BFRDP projects authorized in 

subsections (c), (d), and (e) of FSRIA 

section 7405, and that the matching 

requirements cannot be waived. Section 

3430.606 also provides that the use of 

indirect costs as in-kind matching 

contributions is subject to § 3430.52. 


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45970 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 

Timeline for Implementing Regulations 

CSREES is publishing this rule as 

interim with a 60-day comment period 

and anticipates a final rule by December 

31, 2009. However, in the interim, these 

regulations apply to the BFRDP. 

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 formally 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 

and Related and Mandatory), SF–272, 

Federal Cash Transactions Report, SF– 

269, Financial Status Reports, and SF– 

425, Federal Financial Reports; CSREES 

has three currently approved OMB 

information collections associated with 

this rulemaking: OMB Information 

Collection No. 0524–0042, CSREES 

Current Research Information System 

(CRIS); No. 0524–0041, CSREES 

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 CSREES under the 

Catalog for Federal Domestic Assistance 

(CFDA) No. 10.311, Beginning Farmer 

and Rancher Development 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, 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 

PROVSIONS 

■ 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). 

■ 2. Add a new subpart J, to read as 

follows: 

Subpart J—Beginning Farmer and Rancher 

Development Program 

Sec. 

3430.600 Applicability of regulations. 

3430.601 Purpose. 

3430.602 Definitions. 

3430.603 Eligibility. 

3430.604 Project types and priorities. 

3430.605 Funding restrictions. 

3430.606 Matching requirements. 

3430.607 Stakeholder input. 

3430.608 Review criteria. 

3430.609 Other considerations. 

Subpart J—Beginning Farmer and 

Rancher Development Program 

§ 3430.600 Applicability of regulations. 

The regulations in this subpart apply 

to the program authorized under section 

7405 of the Farm Security and Rural 

Investment Act of 2002 (7 U.S.C. 3319f). 

§ 3430.601 Purpose. 

The purpose of the Beginning Farmer 

and Rancher Development Program 

(BFRDP) is to establish a beginning 

farmer and rancher development 

program that provides local and regional 

training, education, outreach, and 

technical assistance initiatives for 

beginning farmers and ranchers. 

§ 3430.602 Definitions. 

The definitions applicable to the 

program under this subpart include: 

Beginning farmer or rancher means a 

person that has not operated a farm or 

ranch or has operated a farm or ranch 

for not more than 10 years, and meets 

such other criteria as the Secretary may 

establish. 

Clearinghouse means an online 

repository that will make available to 

beginning farmers or ranchers education 

curricula and training materials and 

programs, and which may include 


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Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 45971 

online courses for direct use by 

beginning farmers or ranchers. 

Limited resource beginning farmers or 

ranchers means beginning farmers or 

ranchers who have: (1) direct or indirect 

gross farm sales not more than the sales 

amount established by the USDA 

Natural Resources Conservation Service 

(NRCS) in each of the previous two 

years (in current dollars, adjusted for 

inflation each year, based on the 

October 2002 Prices Paid by Farmer 

Index compiled and updated annually 

by the USDA National Agricultural 

Statistics Service (NASS), and (2) a total 

household income at or below the 

National Poverty Level for a family of 

four or less than 50 percent of county 

median household income in each of 

the previous 2 years as determined by 

the U.S. Department of Health and 

Human Services (DHHS), using the 

Census Poverty Data. 

§ 3430.603 Eligibility. 

To be eligible to receive an award 

under this subpart, the recipient shall be 

a collaborative State, tribal, local, or 

regionally-based network or partnership 

of public or private entities, including: 

(a) A State cooperative extension 

service; 

(b) A Federal, State, or tribal agency; 

(c) A community-based and 

nongovernmental organization; 

(d) A college or university (including 

a junior college offering an associate’s 

degree) or foundation maintained by a 

college or university; 

(e) A private for-profit organization; or 

(f) Any other appropriate partner, as 

determined by the Secretary. 

§ 3430.604 Project types and priorities. 

(a) Standard BFRDP projects. For 

standard BFRDP projects, competitive 

grants will be awarded to support 

programs and services, as appropriate, 

relating to the following focus areas and 

activities: 

(1) Mentoring, apprenticeships, and 

internships. 

(2) Resources and referral. 

(3) Assisting beginning farmers or 

ranchers in acquiring land from retiring 

farmers and ranchers. 

(4) Innovative farm and ranch transfer 

strategies. 

(5) Entrepreneurship and business 

training. 

(6) Model land leasing contracts. 

(7) Financial management training. 

(8) Whole farm planning. 

(9) New and emerging issues, facing 

farmers and ranchers, including climate 

change and changing world markets. 

(10) Conservation assistance. 

(11) Risk management education. 

(12) Diversification and marketing 

strategies. 

(l3) Curriculum development. 

(14) Understanding the impact of 

concentration and globalization. 

(15) Basic livestock and crop farming 

practices, forestry and range 

management. 

(16) Acquisition and management of 

agricultural credit. 

(17) Environmental compliance. 

(18) Information processing. 

(19) Other similar subject areas of use 

to beginning farmers or ranchers. 

CSREES may include additional 

activities or focus areas that further 

address the critical needs of beginning 

farmers and ranchers as defined in this 

subpart. Some of these activities or 

focus areas may be identified by 

stakeholder groups or by CSREES in 

response to emerging critical needs of 

the Nation’s farmers and ranchers. 

(b) Other BFRDP Projects. In addition 

to the competitive grants made under 

paragraph (a) of this section, 

competitive awards (grants or 

cooperative agreements) will be made: 

(1) to establish beginner farmer and 

rancher educational enhancement 

projects that develop curricula and 

conduct educational programs and 

workshops for beginning farmers or 

ranchers in diverse geographical areas of 

the Unites States; and 

(2) to establish and maintain an 

online clearinghouse. 

§ 3430.605 Funding restrictions. 

(a) Facility costs. Funds made 

available under this subpart shall not be 

used for the planning, repair, 

rehabilitation, acquisition, or 

construction of a building or facility. 

(b) Indirect costs. Subject to 

§ 3430.5460, indirect costs are 

allowable. 

(c) Participation by other farmers and 

ranchers. Projects may allow farmers 

and ranchers who are not beginning 

farmers and ranchers to participate in 

the programs funded under this subpart 

if their participation is appropriate and 

will not detract from the primary 

purpose of educating beginning farmers 

and ranchers as defined under this 

subpart. 

§ 3430.606 Matching requirements. 

(a) Requirement. Awardees are 

required to provide a match in the form 

of cash or in-kind contributions in an 

amount at least equal to 25 percent of 

the Federal funds provided by the 

award. The matching funds must be 

from non-Federal sources except when 

authorized by statute. The matching 

requirements under this subpart cannot 

be waived. 

(b) Indirect costs. Use of indirect costs 

as in-kind matching contributions is 

subject to § 3430.52. 

§ 3430.607 Stakeholder input. 

CSREES shall seek and obtain 

stakeholder input through a variety of 

forums (e.g., public meetings, request 

for input and/or via Web site), as well 

as through a notice in the Federal 

Register, from the following entities: 

(a) Beginning farmers and ranchers. 

(b) National, State, tribal, and local 

organizations, community-based 

organizations, and other persons with 

expertise in operating beginning farmer 

and rancher programs. 

(c) The Advisory Committee on 

Beginning Farmers and Ranchers 

established under section 5 of the 

Agricultural Credit Improvement Act of 

1992 (7 U.S.C. 1929 note; Pub. L. 102– 

554). 

§ 3430.608 Review criteria. 

(a) Evaluation criteria. CSREES shall 

evaluate project proposals according to 

the following factors: 

(1) Relevancy. 

(2) Technical merit. 

(3) Achievability. 

(4) The expertise and track record of 

one or more applicants. 

(5) The adequacy of plans for the 

participatory evaluation process, 

outcome-based reporting, and the 

communication of findings and results 

beyond the immediate target audience. 

(6) Other appropriate factors, as 

determined by the Secretary. 

(b) Partnership and collaboration. In 

making awards under this subpart, 

CSREES shall give priority to 

partnerships and collaborations that are 

led by or include nongovernmental and 

community-based organizations with 

expertise in new agricultural producer 

training and outreach. 

(c) Regional balance. In making 

awards under this subpart, CSREES 

shall, to the maximum extent 

practicable, ensure geographical 

diversity. 

§ 3430.609 Other considerations. 

(a) Set aside. Each fiscal year, CSREES 

shall set aside at least 25 percent of the 

funds used to support the standard 

BFRDP projects under this subpart to 

support programs and services that 

address the needs of the following 

groups: 

(1) Limited resource beginning 

farmers or ranchers (as defined in 

§ 3430.602). 

(2) Socially disadvantaged beginning 

farmers or ranchers (as defined in 

section 355(e) of the Consolidated Farm 

and Rural Development Act (7 U.S.C. 

2003(e)). 

(3) Farmworkers desiring to become 

farmers or ranchers. 

(b) Consecutive awards. An eligible 

recipient may receive a consecutive 


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45972 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 

grant for a standard BFRDP project 

under this subpart. 

(c) Duration of awards. The term of a 

grant for a standard BFRDP project 

under this subpart shall not exceed 3 

years. Awards for all other projects 

under this subpart shall not exceed 5 

years. No-cost extensions of time 

beyond the maximum award terms will 

not be considered or granted. 

(d) Amount of grants. A grant for a 

standard BFRDP project under this 

subpart shall not be in an amount that 

is more than $250,000 for each year. 

Signed at Washington, DC, on August 28, 

2009. 

Colien Hefferan, 

Administrator, Cooperative State Research, 

Education, and Extension Service. 

[FR Doc. E9–21256 Filed 9–3–09; 8:45 am] 

BILLING CODE 3410–22–P 

DEPARTMENT OF AGRICULTURE 

Cooperative State Research, 

Education, and Extension Service 

7 CFR Part 3430 

RIN 0524–AA60 

Competitive and Noncompetitive NonFormula Federal Assistance 

Programs—Specific Administrative 

Provisions for the New Era Rural 

Technology Competitive Grants 

Program 

AGENCY: Cooperative State Research, 

Education, and Extension Service, 

USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: The Cooperative State 

Research, Education, and Extension 

Service (CSREES) is publishing a set of 

specific administrative requirements for 

the New Era Rural Technology 

Competitive Grants Program (RTP) to 

supplement the Competitive and 

Noncompetitive Non-formula Federal 

Assistance Programs—General Award 

Administrative Provisions for this 

program. 

DATES: This interim rule is effective on 

September 4, 2009. The Agency must 

receive comments on or before January 

4, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 0524–AA60, by any of 

the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: RFP-OEP@csrees.usda.gov. 

Include Regulatory Information Number 

(RIN) 0524–AA60 in the subject line of 

the message. 

Fax: 202–401–7752. 

Mail: Paper, disk or CD–ROM 

submissions should be submitted to 

Cooperative State Research, Education, 

and Extension Service; U.S. Department 

of Agriculture; STOP 2299; 1400 

Independence Avenue, SW.; 

Washington, DC 20250–2299. 

Hand Delivery/Courier: Cooperative 

State Research, Education, and 

Extension Service; U.S. Department of 

Agriculture; Room 2258, Waterfront 

Centre; 800 9th Street, SW.; 

Washington, DC 20024. 

Instructions: All submissions received 

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: Greg 

Smith, National Program Leader, Higher 

Education Programs, Science and 

Education Resources Development; 

Voice: 202–720–2067; E-mail: 

gsmith@csrees.usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary 

Authority 

Section 1405 of the National 

Agricultural Research, Extension, and 

Teaching Policy Act (NARETPA) of 

1997, as amended (7 U.S.C. 3121) 

designates the U.S. Department of 

Agriculture (USDA) as the lead Federal 

agency for agriculture research, 

extension and teaching in the food and 

agricultural sciences. Section 1473E of 

NARETPA (7 U.S.C. 3319e), as 

amended, requires the establishment of 

a program to be known as the New Era 

Rural Technology Competitive Grants 

Program (RTP), which CSREES 

administers. 

In carrying out the program, the 

Secretary is authorized to make 

competitive grants to support the fields 

of (i) bioenergy, (ii) pulp and paper 

manufacturing, and (iii) agriculturebased renewable energy resources, in 

order to help ensure workforce 

opportunities critical to rural 

communities. RTP will make grants 

available to community college(s) and/ 

or advanced technology center(s), 

located in rural areas, for technology 

development, applied research, and/or 

training. 

For fiscal year (FY) 2009, $750,000 

has been made available for the RTP, 

including administrative costs. 

Organization of 7 CFR Part 3430 

A primary function of CSREES is the 

fair, effective, and efficient 

administration of Federal assistance 

programs implementing agricultural 

research, education, and extension 

programs. As noted above, CSREES 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. CSREES 

published 7 CFR part 3430 with 

subparts A through F as an interim rule 

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

and adopted as a final rule September 

4, 2009. These regulations apply to all 

Federal assistance programs 

administered by CSREES 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). 

CSREES 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 CSREES programs. 

CSREES 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, CSREES is adding subpart 

M for the administrative provisions that 

are specific to the RTP. 

Timeline for Implementing Regulations 

CSREES is publishing this rule as an 

interim rule with a 120-day comment 


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