This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

36649 

Vol. 74, No. 141 

Friday, July 24, 2009 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request—Information 

Collection for the Summer Food 

Service Program 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice invites the general public and 

other public agencies to comment on a 

proposed information collection for the 

Summer Food Service Program (SFSP). 

Pursuant to Section 13 of the Richard B. 

Russell National School Lunch Act 

(NSLA), the SFSP provides assistance to 

States to initiate and maintain nonprofit 

food service programs for needy 

children during the summer months and 

at other approved times. Subsection (m) 

of the statute directs States and service 

institutions participating in the SFSP to 

keep accounts and records necessary to 

enable the Secretary to determine 

whether there has been compliance with 

this section and the SFSP regulations. 

This information collection concerns 

the efforts required of States and service 

institutions to comply with the 

Secretary’s requests for information. 

This proposed collection is a revision of 

the currently approved collection for the 

SFSP. 

DATES: Written comments must be 

submitted by September 22, 2009. 

ADDRESSES: Comments are invited on: 

(a) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s 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 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 maybe sent to: 

Mrs. Lynn Rodgers-Kuperman, Chief, 

Program Analysis and Monitoring 

Branch, Child Nutrition Division, Food 

and Nutrition Service (FNS), U.S. 

Department of Agriculture, 3101 Park 

Center Drive, Room 638, Alexandria, 

Virginia 22302. Comments will also be 

accepted through the Federal 

eRulemaking Portal. Go to http:// 

www.regulations.gov, and follow the 

online instructions for submitting 

comments electronically. 

All written comment(s) will be open 

for public inspection at the office of the 

Food and Nutrition Service during 

regular business hours (8:30 a.m. to 5 

p.m., Monday through Friday) at 3101 

Park Center Drive, Room 640, 

Alexandria, Virginia 22302. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval, and will become a 

matter of public record. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Lynn Rodgers-Kuperman at (703) 305– 

2590. 

SUPPLEMENTARY INFORMATION: 

Title: Summer Food Service Program. 

OMB Number: 0584–0280. 

Expiration Date: January 31, 2010. 

Type of Request: Revision of a 

currently approved collection. 

Abstract: Section 13 of the NSLA, as 

amended, 42 U.S.C. 1761, authorizes the 

Summer Food Service Program to 

provide assistance to States to initiate 

and maintain nonprofit food service 

programs for needy children during the 

summer months and at other approved 

times. The purpose of this submission to 

OMB is to obtain approval to continue 

the discussed information collection. 

States and service institutions 

participating in the SFSP will submit to 

FNS account and record information 

reflecting their efforts to comply with 

statutory and regulatory Program 

requirements. 

Respondents: The respondents are 

state agencies and not-for-profit 

institutions. 

Estimated Number of Respondents: 53 

State agencies, 3,842 sponsors, and 

32,697 camps. 

Estimated Total Annual Responses: 

20. 

Estimated Hours per Response: 1. 

Estimated Annual Burden Hours: 

731,840. 

Dated: July 16, 2009. 

Julia Paradis, 

Administrator, Food and Nutrition Service. 

[FR Doc. E9–17719 Filed 7–23–09; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

American Recovery and Reinvestment 

Act of 2009 Business and Industry 

Guaranteed Loan Program 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Notice. 

SUMMARY: The Rural Development 

Business and Cooperative Programs are 

administered through USDA (‘‘the 

Agency’’). This Notice announces the 

availability of stimulus assistance 

provided pursuant to Title 1 of Division 

A of the American Recovery and 

Reinvestment Act of 2009 (Recovery 

Act) (Pub. L. 111–5). 

DATES: Applications will be accepted 

until September 15, 2010, or until funds 

are expended. Program funding expires 

September 30, 2010. 

The comment period for information 

collection under the Paperwork 

Reduction Act of 1995 continues 

through September 22, 2009. Comments 

on the paperwork burden must be 

received by this date to be assured of 

consideration. 

ADDRESSES: If you wish to apply for 

assistance or are in need of further 

information, contact the USDA Rural 

Development State Office in the State 

where your project is located. A list of 

USDA Rural Development State Offices 

is available at http:// 

www.rurdev.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Bonnet, Rural Development, 

Business Programs, U.S. Department of 

Agriculture, 1400 Independence 

Avenue, SW., Stop 3221, Washington, 

DC 20250–3221; e-mail: 


srobinson on DSKHWCL6B1PROD with NOTICES
36650 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 

Rick.Bonnet@wdc.usda.gov; telephone 

(202) 720–1804. 

SUPPLEMENTARY INFORMATION: 

Administrative Procedure Act 

Statement 

This Notice is being issued without 

advance rulemaking or public comment. 

The Administrative Procedure Act 

(‘‘APA’’, 5 U.S.C. 553), has several 

exemptions to rulemaking requirements. 

Among them is an exemption for 

matters relating to Federal benefits, but 

under the provisions of the ‘‘Statement 

of Policy of the Secretary of Agriculture 

effective July 24, 1971,’’ issued by 

Secretary Hardin in 1971 (36 FR 13804 

(the ‘‘Hardin Memorandum’’), the 

Department will normally engage in 

rulemaking related to Federal benefits 

despite that exemption. However, the 

Hardin Memorandum does not waive 

certain other APA-contained 

exemptions, in particular the ‘‘good 

cause’’ exemption found at 5 U.S.C. 

553(b)(3)(B), which allows effective 

government action without rulemaking 

procedures where withholding the 

action would be ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Hardin memorandum 

specifically provides for the use of the 

‘‘good cause’’ exemption, albeit 

sparingly, when a substantial basis for 

so doing exists, and where, as will be 

described more fully below, that 

substantial basis is explained. 

USDA has determined, consistent 

with the APA and the Hardin 

Memorandum, that making Recovery 

Act funds available under the Business 

and Industry (B&I) Guaranteed Loan 

Program as soon as possible is in the 

public interest. Withholding this Notice 

to provide for public notice and 

comment would unduly delay the 

provision of benefits associated with the 

provision of the Recovery Act funds and 

be contrary to the public interest. 

Should the actual practice of the 

program produce reasons for program 

modifications those modifications can 

be brought to the attention of the 

Department and changes made in the 

future rulemaking process. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995, Rural 

Development is requesting comments 

from all interested individuals and 

organizations on a new information 

collection for the provision of Recovery 

Act funds under the B&I Guaranteed 

Loan program. The information 

collection activities associated with this 

Notice have been submitted under the 

emergency processing procedures of the 

Paperwork Reduction Act (PRA) of 

1995. As discussed above in the APA 

section, USDA believes that there is 

good cause to forgo any delay associated 

with the opportunity for advance public 

comment. However, in accordance with 

the requirements of the PRA, USDA 

Rural Development will ultimately seek 

standard OMB approval of the reporting 

requirements contained in this Notice 

and hereby opens a 60-day public 

comment period regarding the 

information collection activities 

contained in this Notice. 

Copies of all forms, regulations, and 

instructions referenced in this NOFA 

may be obtained from Rural 

Development. Data furnished by the 

applicants will be used to determine 

eligibility for program benefits. 

Furnishing the data is voluntary; 

however, the failure to provide data 

could result in program benefits being 

withheld or denied. 

Title: Business and Industry 

Guaranteed Loan Program American 

Recovery and Reinvestment Act of 2009. 

OMB Control Number: New. 

Type of Request: New collection. 

Abstract: Under this Notice, the 

Agency is making available Recovery 

Act funds for the B&I Guaranteed Loan 

Program. In order to appropriately use 

these funds for guaranteeing B&I loans, 

it is necessary to obtain information on 

rural areas experiencing persistent 

poverty, outmigration, high 

unemployment, and under-served and 

under-represented groups and areas, 

which are among those areas hardest hit 

by the current economic crisis. 

The majority of proposed information 

collection activities associated with this 

Notice will be essentially the same as 

the currently approved Business and 

Industry (B&I) Guaranteed Loan 

Program collection, OMB Number: 

0570–0017, with the exception of 

certain requirements associated with the 

definition of quality of jobs, such as: 

• To document that the business 

qualifies under the Work Opportunity 

Tax Credit Program authorized by the 

Small Business and Work Opportunity 

Tax Act of 2007, lenders must obtain 

from the borrower a copy of the 

certification from the appropriate State 

workforce agency. 

• To document that the business 

offers a healthcare benefits package to 

all employees, with at least 50 percent 

of the premium paid by the employer, 

the lender must obtain from the 

borrower a copy of Internal Revenue 

Service, Department of Labor Form 5500 

(Annual Return/Report of Employee 

Benefit Plan) and provide a written 

certification that the employer pays at 

least 50 percent of the premiums. The 

collection of information is vital to the 

Agency to make wise decisions 

regarding the eligibility of applicants for 

B&I Guaranteed Loans that are 

guaranteed using Recovery Act funds in 

order to ensure compliance with the 

provisions of this Notice. In summary, 

this collection of information is 

necessary in order to appropriately use 

Recovery Act funds for guaranteeing B&I 

loans. Further, other than the 

information collections associated with 

the general requirements of the 

Recovery Act, the vast majority of these 

collections are currently being made 

with respect to the current B&I program. 

The focus of the new collections 

concerns requirements of the definition 

of quality of jobs. 

The following estimates are for $1.7 

billion of Recovery Act funds available 

to the B&I Guaranteed Loan Program. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 1.6 hours per 

response. 

Respondents: Rural businesses. 

Estimated Number of Respondents: 

700. 

Estimated Number of Responses per 

Respondent: 22.4. 

Estimated Number of Responses: 

15,703. 

Estimated Total Annual Burden 

(hours) on Respondents: 25,409. 

Copies of this information collection 

can be obtained from Cheryl Thompson, 

Regulations and Paperwork 

Management Branch, at (202) 692–0043. 

Comments 

Comments are invited regarding: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of Rural 

Development, including whether the 

information will have practical utility; 

(b) the accuracy of Rural Development’s 

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 Cheryl 

Thompson, Regulations and 

Management Branch, Support Services 

Division, U.S. Department of 

Agriculture, Rural Development, STOP 

0742, 1400 Independence Ave. SW., 

Washington, DC 20250. All responses to 

this Notice will be summarized and 

included in the request for OMB 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 36651 

approval. All comments will also be a 

matter of public record. 

Overview Information 

Federal Agency Name. Rural 

Development, Rural BusinessCooperative Service. 

Funding Opportunity Title. Business 

and Industry Guaranteed Loan Program. 

Announcement Type. Initial 

announcement. 

Catalog of Federal Domestic 

Assistance (CFDA) Number. The CFDA 

number assigned to the American 

Recovery and Reinvestment Act funds 

for the Business and Industry 

Guaranteed Loan program is 10.782. 

DATES. Applications will be accepted 

until September 15, 2010, or until funds 

are expended. Program funding expires 

September 30, 2010. 

ADDRESSES. If you wish to apply for 

assistance or are in need of further 

information, contact the USDA Rural 

Development State office in the State 

where your project is located. A list of 

USDA Rural Development state offices 

is available at: http:// 

www.rurdev.usda.gov. 

I. Funding Opportunity Description 

A. Purpose. This Notice is issued 

pursuant to the recently passed 

American Recovery and Reinvestment 

Act of 2009. The Recovery Act provides 

for additional funds to the Agency for 

use under the B&I Guaranteed Loan 

Program. With this Notice, the Agency 

is announcing the availability of 

funding through the B&I Guaranteed 

Loan program for eligible projects. 

The provisions in this Notice apply 

only to the award of Recovery Act funds 

made available to the B&I Guaranteed 

Loan Program pursuant to this Notice. 

These provisions do not apply to loans 

funded under the Omnibus 

Appropriations Act of 2009 or the 

Consolidated Security, Disaster 

Assistance, and Continuing 

Appropriations Act of 2009. 

B. Statutory Authority. This program 

is authorized under the American 

Recovery and Reinvestment Act of 2009 

(Pub. L. 111–5). 

C. Definitions. The following 

definitions are applicable to this Notice. 

High unemployment. Any area that 

has an unemployment rate that is 125 

percent of the nationwide rate or 

greater. 

Outmigration. Any area of long-term 

population decline and job deterioration 

based on reliable statistical data. 

Population loss, particularly that which 

results in loss of jobs, can result from a 

lower rate of births than deaths and 

prolonged movement from a place of 

origin to another location. Outmigration 

of jobs is the result of traditional jobs 

not being replaced by new types of jobs. 

Communities that experience seasonal 

fluctuations due to tourism will not be 

considered under this definition. The 

Agency will use data from the 1980, 

1990, and 2000 decennial census to 

determine if outmigration occurred. 

Persistent poverty. Any county that 

has had 20 percent or more of its 

population living in poverty over the 

past 30 years, as measured by the 1980, 

1990, and 2000 decennial census. 

Quality jobs. This relates to the 

quality of the jobs provided by the 

borrower. For the purposes of this 

Notice, a quality job is one which: 

(i) Pays wages that average at least 125 

percent of the Federal minimum wage; 

or 

(ii) Qualifies under the Work 

Opportunity Tax Credit Program 

authorized by the Small Business and 

Work Opportunity Tax Act of 2007; or 

(iii) Offers healthcare package to all 

employees, with at least 50 percent of 

the premium paid by the employer for 

employees. 

Under-served groups and underrepresented areas. Any geographic area 

and population group that has not 

historically received the benefits of the 

B&I program as compared to other areas 

and groups. 

In implementing this definition, State 

Office Program officials will: 

• Analyze their State loan 

participation data; 

• Determine group or groups who 

typically have not participated in 

Agency Programs in the areas that are 

under-served and under-represented (no 

loans in areas that have need for the 

benefits of the loans); and 

• Determine where projects have been 

funded and give priority to projects that 

could be located in areas of greatest 

need based on the data analysis (underserved groups and under-represented 

areas). 

Under-served groups and underrepresented areas generally concern a 

‘‘protected class.’’ Protected class, a 

term used in Civil Rights antidiscrimination law, describes groups of 

people who historically have been 

treated differently because of their race, 

color, gender or national origin and are 

now protected from discrimination and 

harassment. 

Civil Rights laws cover individuals’ 

Ethnicity—Hispanic or Latino or nonHispanic; and Race—American Indians 

and Alaska Natives, Asian, Black or 

African American, Native Hawaiians 

and Pacific Islanders and White. 

Racial and ethnic disparities exist in 

providing Federal assistance through 

administration of program funds. 

Statistics show people of the ‘‘protected 

class’’ have not participated to the level 

of non-minority participants. To become 

more transparent and to be proactive in 

the elimination of disparity, we embrace 

enhanced program outreach, education, 

and technical assistance to under-served 

areas and groups to eliminate 

disparities. State Program Officials will 

develop and implement a meaningful 

outreach plan to assist in eliminating 

disparity in the delivery of programs to 

the under-served and under-represented 

area. 

D. Implementation of Recovery Act 

provisions. Consistent with the 

purposes of the Recovery Act, the 

Agency has determined that the most 

effective use of these program funds is 

to target them to encourage the creation 

or retention of quality jobs through the 

extension of business credit in those 

rural areas of greatest need, most 

difficult to reach, and among those areas 

hardest hit by the current economic 

crisis. 

In determining the type of incentives 

that participating lenders would need to 

generate quality loans in these critical 

rural areas, the Agency considered 

adjustments to several features of the 

B&I program over which we have 

control, including the percentage of 

guarantee, annual renewal fee, and 

guarantee fee; without compromising 

Agency underwriting standards. 

As a result, the Agency decided to 

provide for up to 90 percent guarantees 

to all Recovery Act funded loans that 

score at least 55 priority points under 

the Agency priority scoring criteria in 7 

CFR 4279.155. In addition, the Agency 

decided to reduce the guarantee fee to 

1 percent and eliminate the annual 

renewal fee for all B&I Recovery Act 

funded loans. 

The Agency is not proposing changes 

of the requirements currently reflected 

in its B&I program regulations, regarding 

the circumstances under which it will 

offer a 90 percent guarantee. Rather, it 

is utilizing certain existing program 

features to encourage economic 

stimulus in those rural areas 

experiencing persistent poverty, 

outmigration, high unemployment, and 

under-served and under-represented 

groups and areas, which are among 

those areas hardest hit by the current 

economic crisis. In determining whether 

a Recovery Act loan applicant will be 

eligible for up to a 90 percent guarantee, 

it will be evaluated based on the current 

B&I regulations at § 4279.155, consistent 

with the guidance provided in OMB 

Circular A–129. 


srobinson on DSKHWCL6B1PROD with NOTICES
36652 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 

II. Funding Information 

A. Available funds. The Recovery Act 

provides $126,100,000 in budgetary 

authority for this program through 

September 30, 2010, to support loan 

guarantees based on credit subsidy 

scoring that is yet to be determined. The 

available program level under this 

Notice is $1.7 billion that shall be 

available to support loan guarantees 

until September 30, 2010. 

B. Funding limitations. The Agency 

will distribute Recovery Act funds on a 

first-come-first-served basis. Ten 

percent of Recovery Act funds will be 

allocated for businesses located in 

persistent poverty counties, as provided 

for in the Recovery Act. 

III. Program Provisions Specific to 

Guaranteed Loans 

Seeking Recovery Act Funds 

This section of the Notice identifies 

provisions specific to guaranteed loans 

applications seeking Recovery Act 

funds. Unless otherwise indicated, these 

provisions are in addition to those in 7 

CFR part 4279, subparts A and B. 

A. Scoring applications. When 

awarding administrator points under 7 

CFR 4279.155(b)(6), State Directors and 

the Administrator will award their 

points to an application only if the 

proposed project will provide quality 

jobs and meets at least one of the 

demographic criteria (outmigration, 

high unemployment, under-served/ 

under-represented areas and groups, 

and persistent poverty counties). 

B. Guarantee fee. Notwithstanding the 

provisions of 7 CFR 4279.107(a), the 

guarantee fee for Recovery Act funded 

guaranteed loans shall be one (1) 

percent. 

C. Annual renewal fee. The annual 

renewal fee specified in 7 CFR 

4279.107(b) does not apply to Recovery 

Act funded guaranteed loans. 

D. Ineligible purposes. 

Notwithstanding the provisions of 7 

CFR 4279.113, the following purposes 

are ineligible for Recovery Act funded 

guaranteed loans: 

(1) Zoos; 

(2) Aquariums; 

(3) Convenience stores, unless the 

store provides quality jobs and sells or 

will sell E85 fuel upon completion of 

the project; 

(4) Pools; 

(5) Water parks; 

(6) Hotels/motels and other facilities 

that have pools or water parks; 

(7) Golf courses; 

(8) Casinos or other gambling 

establishments; and 

(9) Museums. 

E. Percent guarantee. 

Notwithstanding the criteria specified in 

7 CFR 4279.119(b), applications that 

score at least 55 points using the B&I 

scoring criteria in 7 CFR 4279.155 are 

eligible for up to a 90-percent guarantee 

as provided in 7 CFR 4279.119(b). 

IV. Nondiscrimination Statement 

USDA prohibits discrimination in all 

its programs and activities on the basis 

of race, color, national origin, age, 

disability and, where applicable, sex, 

marital status, familial status, parental 

status, religion, sexual orientation, 

genetic information, political beliefs, 

reprisal, or because all or part of an 

individual’s income is derived from any 

public assistance program. (Not all 

prohibited bases apply to all programs.) 

Persons with disabilities who require 

alternative means for communication of 

program information (Braille, large 

print, audiotape, etc.) should contact 

USDA’s TARGET Center at (202) 720– 

2600 (voice and TTY). To file a 

complaint of discrimination, write to 

USDA, Director, Office of Adjudication 

and Compliance, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

9410, or call (866) 632–9992 (voice), or 

(202) 401–0216 (TDD). 

V. Civil Rights Compliance 

Requirements 

All awards are subject to the equal 

opportunity and nondiscriminatory 

requirements in accordance with the 

Equal Credit Opportunity Act, 7 CFR 

15d, conducted programs by USDA and 

RD Instructions 7 CFR part 1901–E. 

VI. Wage-Rate Requirements 

All laborers and mechanics employed 

by contractors and subcontractors on 

projects funded directly by or assisted 

in whole or in part by and through the 

Federal Government pursuant to the 

Recovery Act shall be paid wages at 

rates not less than those prevailing on 

projects of a character similar in the 

locality as determined by the Secretary 

of Labor in accordance with subchapter 

IV of chapter 31 of 40 U.S.C. In this 

regard, the award will contain the 

following provision: 

Wage Rate Requirements Under Section 

1606 of the American Recovery and 

Reinvestment Act, 2009 

(a) Section 1606 of the Recovery Act 

requires that all laborers and mechanics 

employed by contractors and 

subcontractors on projects funded 

directly by or assisted in whole or in 

part by and through the Federal 

Government pursuant to the Recovery 

Act shall be paid wages at rates not less 

than those prevailing on projects of a 

character similar in the locality as 

determined by the Secretary of Labor in 

accordance with subchapter IV of 

chapter 31 of 40 U.S.C. 

Pursuant to Reorganization Plan No. 

14 and the Copeland Act, 40 U.S.C. 

3145, the Department of Labor has 

issued regulations at 29 CFR parts 1, 3, 

and 5 to implement the Davis-Bacon 

and related Acts. Regulations in 29 CFR 

5.5 instruct agencies concerning 

application of the standard Davis-Bacon 

contract clauses set forth in that section. 

Federal agencies providing grants, 

cooperative agreements, and loans 

under the Recovery Act shall ensure 

that the standard Davis-Bacon contract 

clauses found in 29 CFR 5.5(a) are 

incorporated in any resultant covered 

contracts that are in excess of $2,000 for 

construction, alteration and/or repair 

(including painting and decorating). 

Projects exceeding $100,000 must also 

incorporate requirements of 29 CFR 

5.5(b). 

(b) For additional guidance on the 

wage rate requirements of section 1606, 

contact your awarding agency. 

Recipients of grants, cooperative 

agreements and loans should direct 

their initial inquiries concerning the 

application of Davis-Bacon 

requirements to a particular federally 

assisted project to the Federal agency 

funding the project. The Secretary of 

Labor retains final coverage authority 

under Reorganization Plan No. 14. 

VII. National Environmental Policy Act 

of 1969 

Implementation of the Recovery Act 

will utilize existing environmental 

review compliance requirements in 

accordance with its statutory and 

regulatory obligations. The Agency’s 

respective environmental policies and 

procedures are codified in 7 CFR part 

1940, subpart G. All relevant 

environmental compliance requirements 

are integrated in the above regulations, 

including the National Environmental 

Policy Act, National Historic 

Preservation Act and Endangered 

Species Act compliance processes. 

All program applicants are required to 

integrate environmental factors, along 

with other technical and financial 

considerations, into early project 

planning and design. The 

environmental review process must be 

completed, including all public notice 

requirements prior to funding any 

proposals. 

VIII. Accountability and Transparency 

and Responsibility for Informing SubRecipients 

Recipients and their sub-recipients 

must maintain current registrations in 

the Central Contractor Registration 

(http://www.ccr.gov) at all times for 


srobinson on DSKHWCL6B1PROD with NOTICES
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which they have active Federal awards 

funded with Recovery Act funds. 

All awards will contain the following 

tracking and documenting requirements: 

Recovery Act Transactions Listed in 

Schedule of Expenditures of Federal 

Awards and Recipient Responsibilities 

for Informing Sub-Recipients 

(a) To maximize the transparency and 

accountability of funds authorized 

under the Recovery Act as required by 

Congress and in accordance with 2 CFR 

215, subpart 21 and OMB Circular 

A–102 Common Rules provisions, 

recipients agree to maintain records that 

identify adequately the source and 

application of Recovery Act funds. 

(b) For recipients covered by the 

Single Audit Act Amendments of 1996 

and OMB Circular A–133, ‘‘Audits of 

States, Local Governments, and NonProfit Organizations,’’ recipients agree 

to separately identify the expenditures 

for Federal awards under the Recovery 

Act on the Schedule of Expenditures of 

Federal Awards (SEFA) and the Data 

Collection Form (SF–SAC) required by 

OMB Circular A–133. This shall be 

accomplished by identifying 

expenditures for Federal awards made 

under the Recovery Act separately on 

the SEFA, and as separate rows under 

Item 9 of part III on the SF–SAC by 

CFDA number, and inclusion of the 

prefix ‘‘ARRA’’ in identifying the name 

of the Federal program on the SEFA and 

as the first characters in Item 9d of part 

III on the SF–SAC. 

(c) Recipients agree to separately 

identify to each sub-recipient, and 

document at the time of sub-award and 

at the time of disbursement of funds, the 

Federal award number, CFDA number, 

and amount of Recovery Act funds. 

When a recipient awards Recovery Act 

funds for an existing program, the 

information furnished to sub-recipients 

shall distinguish the sub-awards of 

incremental Recovery Act funds from 

regular sub-awards under the existing 

program. 

(d) Recipients agree to require their 

sub-recipients to include their SEFA 

information to specifically identify 

Recovery Act funding similar to the 

requirements for the recipient SEFA 

described above. This information is 

needed to allow the recipient to 

properly monitor sub-recipient 

expenditure of Recovery Act funds as 

well as oversight by the Federal 

awarding agencies, Offices of Inspector 

General and the Government 

Accountability Office. 

Certifications Pursuant to Section 1511 

of the Recovery Act 

With respect to these funds made 

available to State or local governments 

for infrastructure investments, the 

Governor, mayor, or other chief 

executive, as appropriate, shall certify 

that the infrastructure investment has 

received the full review and vetting 

required by law and that the chief 

executive accepts responsibility that the 

infrastructure investment is an 

appropriate use of taxpayer dollars. 

Such certification shall include a 

description of the investment, the 

estimated total cost, and the amount of 

these funds to be used, and shall be 

posted on http://www.recovery.gov. A 

State or local agency may not receive 

infrastructure investment funding from 

funds made available in the Recovery 

Act unless this certification is made and 

posted. 

IX. Set Aside 

Ten (10) percent of funding shall be 

allocated to assist businesses in 

persistent poverty counties. 

X. Whistleblower Protection 

Each recipient or sub-recipient 

awarded funds made available under 

the Recovery Act shall promptly refer to 

the USDA Office of Inspector General, 

any credible evidence that a principal, 

employee, agent, contractor, subrecipient, subcontractor, or other person 

has submitted a false claim under the 

False Claims Act or has committed a 

criminal or civil violation of laws 

pertaining to fraud, conflict of interest, 

bribery, gratuity, or similar misconduct 

involving those funds. 

Section 1553(a) of the Recovery Act 

Provides Protection for Whistleblowers 

Prohibition of Reprisals—An 

employee of any non-Federal employer 

receiving covered funds may not be 

discharged, demoted, or otherwise 

discriminated against as a reprisal for 

disclosing, including a disclosure made 

in the ordinary course of an employee’s 

duties, to the Board, an inspector 

general, the Comptroller General, a 

member of Congress, a State or Federal 

regulatory or law enforcement agency, a 

person with supervisory authority over 

the employee (or such other person 

working for the employer who has the 

authority to investigate, discover, or 

terminate misconduct), a court or grand 

jury, the head of a Federal agency, or 

their representatives, information that 

the employee reasonably believes is 

evidence of— 

(1) Gross mismanagement of an 

agency contract or grant relating to 

covered funds; 

(2) A gross waste of covered funds; 

(3) A substantial and specific danger 

to public health or safety related to the 

implementation or use of covered funds; 

(4) An abuse of authority related to 

the implementation or use of covered 

funds; or 

(5) A violation of law, rule, or 

regulation related to an agency contract 

(including the competition for or 

negotiation of a contract) or grant, 

awarded or issued relating to covered 

funds. 

XI. Buy American 

None of the funds made available by 

the Recovery Act may be used for a 

project for the construction, alteration, 

maintenance, or repair of a public 

building or public work unless all of the 

iron, steel and manufactured goods used 

in the project are produced in the 

United States or unless USDA Rural 

Development waives the application of 

this provision. (Sec. 1605) 

(a) If the applicant’s requested use of 

Recovery Act funds involves the 

construction, alteration, maintenance, or 

repair of a public building or public 

work, and does not involve iron, steel, 

and or manufactured goods covered 

under international agreements, the 

following is applicable: 

Notice of Required Use of American, 

Iron, Steel, and Manufactured Goods— 

Section 1605 of the American Recovery 

and Reinvestment Act, 2009 

(1) Definitions. Manufactured good, 

public building and public work, and 

steel, as used in this Notice, are defined 

in 2 CFR 176.140. 

(2) Requests for determinations of 

inapplicability. A prospective applicant 

requesting a determination regarding the 

inapplicability of section 1605 of the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–5) should 

submit the request to the award official 

in time to allow a determination before 

submission of applications or proposals. 

The prospective applicant shall include 

the information and applicable 

supporting data required by 2 CFR 

176.140(c) and (d) in the request. If an 

applicant has not requested a 

determination regarding the 

inapplicability of section 1605 of the 

Recovery Act before submitting its 

application or proposal, or has not 

received a response to a previous 

request, the applicant shall include the 

information and supporting data in the 

application or proposal. 

(3) Exceptions. Section 1605 of the 

Recovery Act may apply to projectspecific exceptions. When one of the 

following exceptions applies, the loan 

approval official may allow the loan, 


srobinson on DSKHWCL6B1PROD with NOTICES
36654 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 

grant, or loan guarantee recipient to use 

foreign iron, steel, or manufactured 

goods in a given project. Project specific 

exceptions may not be used unless 

requested by the applicant, approved by 

the Agency, and published in the 

Federal Register as noted below. 

Justifications: Any exception must be 

based on one of the following three 

justifications: 

• Non-availability. Iron, steel, or 

relevant manufactured goods are not 

produced or manufactured in sufficient 

and reasonably available commercial 

quantities of a satisfactory quality. 

• Unreasonable cost. The cost of 

domestic iron, steel, or relevant 

manufactured goods will increase the 

cost of the overall project by more than 

25%. 

• Public interest. The application of 

these restrictions would be inconsistent 

with the public interest. 

(4) International Agreements. Section 

1605(d) does not apply to 

implementation of the Buy American 

provisions in Recovery Act for USDA, 

Rural Development programs. 

Dated: July 17, 2009. 

Judith A. Canales, 

Administrator, Rural Business-Cooperative 

Service. 

[FR Doc. E9–17600 Filed 7–23–09; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Shasta-Trinity National Forest, 

California; Harris Vegetation 

Management Project 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The Shasta-Trinity National 

Forest proposes to improve forest health 

and restore fire-adapted ecosystem 

characteristics on approximately 3,000 

acres of National Forest System Lands 

in and adjacent to the Harris Mountain 

Late-Successional Reserve. Ground and 

ladder fuels would be reduced. In 

addition, forested stands would be 

thinned to yield a fire-resilient forest 

where periodic low-intensity surface 

fires can be safely reintroduced. 

Selective removal of trees is proposed to 

produce forested areas dominated by 

fire-resilient tree species with 

sustainable densities and to exhibit 

stand structure that provides habitat for 

late-seral dependent species. Reducing 

overcrowded conditions will enhance 

tree survival from insects, drought and 

disease, and natural disturbance. Trees 

to be removed would generally be 

smaller in size than trees retained; 

renewable by-products including 

commercial sawtimber and energy from 

biomass are expected. Dying and 

diseased mature lodgepole stands 

within the project area would be 

regenerated through the removal of most 

overstory trees. Aspen and oak 

hardwood trees species will be retained. 

Removal of conifers competing with 

existing aspen and oak hardwood trees 

will enhance the overall diversity of 

forest stands. Surface and ladder fuel 

loads will be reduced through removal 

of brush and small-diameter trees in the 

forest understory and by underburning. 

Proposed road reconstruction, closure 

and decommissioning will aid in 

restoration of drainage patterns and 

sediment regimes supporting aquatic 

systems. The project is located in 

Siskiyou County within portions of 

T41N, R1E, section 1; T42N R1E section 

36; T42N R2E sections 17–21 and 28– 

36; and T41N R2E sections 1–6 and 9 

Mt. Diablo Meridian. 

DATES: Comments concerning the scope 

of the analysis must be received no later 

than 30 days after the publication of this 

notice in the Federal Register. The draft 

environmental impact statement is 

expected in April 2010 and the final 

environmental impact statement is 

expected in September 2010. 

ADDRESSES: Send written comments to 

District Ranger Priscila S. Franco, 

Shasta-McCloud Management Unit, 204 

W. Alma St., Mt. Shasta, California 

96067. Electronic comments can be sent 

via e-mail to: commentspacificsouthwest-shasta-trinitymtshasta-mccloud@fs.fed.us. 

Comments received in response to 

this solicitation, including names and 

addresses of those who comment, will 

be part of the public record for this 

proposed action. Comments submitted 

anonymously will be accepted and 

considered; however, anonymous 

comments will not provide the 

respondent with standing to participate 

in subsequent administrative review or 

judicial review. 

FOR FURTHER INFORMATION CONTACT: John 

Natvig, P.O. Box 688, Hot Springs, SD 

57747, telephone (605) 745–3253, e-mail 

jnatvig@fs.fed.us. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action 

The purpose of the proposed action is 

to improve forest health and growth, 

protect and enhance conditions of latesuccessional forest ecosystems and 

reduce fuel loading. The 9,100 acre 

project area falls within lands identified 

by the Shasta-Trinity Land and 

Resource Management Plan (Forest 

Plan) as Matrix (76 percent) and LateSuccessional Reserve (24 percent). 

Forest stands are overcrowded resulting 

in competition for water, nutrients and 

sunlight—conditions which increase the 

risk of insect infestation. Lodgepole 

pine stands in the project area are 

overmature and infected with disease. 

The overstory trees are dying and new 

trees are becoming established; 

however, disease is spreading from the 

overstory to the new stand. Natural 

disturbances, such as wildfire that 

released aspen and oak hardwoods, 

have been suppressed over the last 60 

years; hardwoods are in decline as a 

result. Conifer species dominate the 

overstory canopy and out-compete 

aspen and oak hardwoods for available 

sunlight and other site resources. LateSuccessional Reserves are allocated by 

the Forest Plan to provide latesuccessional and old-growth forest; 

however, less than one percent of this 

reserve is currently providing such 

habitat (Shasta-Trinity National Forest 

Wide Late-Successional Reserve 

Assessment, 1999). Dense forest 

conditions delay the development of 

early seral to mid-successional 

conditions and mid-successional to latesuccessional stands. Dense understory 

trees coupled with an accumulation of 

surface fuels increases the chances of a 

wildfire reaching the overstory canopy, 

yielding the potential for stand 

replacement. The proposed action is 

also designed to provide for proper 

drainage of system roads to minimize 

surface erosion. It will also ensure that 

culverts in the area are fully functional 

and of proper size to facilitate area 

drainage and prevent erosion-causing 

water flow over the surface of the road. 

There are approximately two miles of 

unclassified and Forest System roads in 

the project area that are unnecessary for 

long term management; the proposed 

action would decommission these road 

segments. 

Proposed Action 

The proposed action includes: (1) 

Thinning in mixed conifer stands; (2) 

lodgepole pine regeneration harvest; (3) 

enhancement and retention of 

hardwood species; (4) fuel treatments; 

(5) road reconstruction; and (6) road 

decommissioning. 


srobinson on DSKHWCL6B1PROD with NOTICES