[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Notices]
[Pages 24525-24526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11693]


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

DEPARTMENT OF AGRICULTURE

Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Farm Service Agency


Notice of Request for Reinstatement of an Information Collection

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

ACTION: Proposed collection: Comments request.

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

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 July 6, 1998 to be 
assured of consideration.

FOR FURTHER INFORMATION CONTACT: Jacqueline Micheli, Equal Opportunity 
Specialist, Rural Development, U.S. Department of Agriculture, STOP 
0703, 1400 Independence Ave., S.W., Washington, DC 20250-0703, 
Telephone (202) 690-9812 (voice) or 690-9809 (TDD).

SUPPLEMENTARY INFORMATION:
    Title: 7 CFR 1901-E, Civil Rights Compliance Requirements.
    OMB Number: 0575-0018.
    Type of Request: Reinstatement of an 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 1998. The following laws implemented are 7 CFR 1901-E:
    a. Title VI of the Civil Rights Act of 1964 (``Title VI''). The 
implementing

[[Page 24526]]

regulations for this Act issued by the Department of Justice and the 
Department of Agriculture requires recipients of RBS', RHS' RUS' and 
FSA's program assistance to collect information on the race/national 
origin 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 housing 
programs. Furthermore, the implementing regulations issued by the 
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 violation by USDA 
recipients will be processed by HUD. The collection and maintenance of 
these data will assist in this enforcement effort.
    c. Executive Order 11246. The implementing regulations issued by 
the 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, and 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 1 hour per response.
    Respondents: Recipients of RBS, RHS, RUS, and FSA's Federal 
financial assistance, loan, and loan guarantee programs.
    Estimated Number of Respondents: 19,565.
    Estimated Number of Responses per Respondent: 5.40.
    Estimated Total Annual Burden on Respondents: 533,017.
    Copies of this information collection can be obtained from Richard 
Gartman, Regulations and Paperwork Management Branch, Support Services 
Division, at (202) 720-9745.

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 Richard Gartman, Regulations and Paperwork Management Branch, 
Support Services Division, U.S. Department of Agriculture, Rural 
Development, Ag Box 0743, Washington, DC 20250. 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: April 20, 1998.
Jill Long Thompson,
Under Secretary, Rural Development.

    Dated: April 4, 1998.
August Schumacher, Jr.,
Under Secretary, Farm and Foreign Agricultural Services.
[FR Doc. 98-11693 Filed 5-1-98; 8:45 am]
BILLING CODE 3410-XT-U