This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

52250 

Vol. 82, No. 217 

Monday, November 13, 2017 

DEPARTMENT OF AGRICULTURE 

National Institute of Food and 

Agriculture 

7 CFR Part 3419 

RIN 0524–AA68 

Matching Funds Requirements for 

Agricultural Research and Extension 

Capacity Funds at 1890 Land-Grant 

Institutions and 1862 Land-Grant 

Institutions in Insular Areas 

AGENCY: National Institute of Food and 

Agriculture 

ACTION: Proposed rule and withdrawal 

of proposed rule. 

SUMMARY: The National Institute of Food 

and Agriculture (NIFA) withdraws the 

Notice of Proposed Rulemaking (RIN 

0524–AA25) published on April 29, 

2003. In addition, NIFA proposes to 

revise its regulations for the purpose of 

implementing the statutory amendments 

applicable to the matching requirements 

for Federal agricultural research and 

extension capacity (formula) funds for 

1890 land-grant institutions (LGUs), 

including Central State University, 

Tuskegee University, and West Virginia 

State University, and 1862 land-grant 

institutions in insular areas, and to 

remove the term ‘‘qualifying educational 

activities.’’ These matching 

requirements were amended by the 

Farm Security and Rural Investment 

Act; the Food, Conservation, and Energy 

Act of 2008; and the Agricultural Act of 

2014. 

DATES: As of November 13, 2017, the 

proposed rule published April 29, 2003, 

at 68 FR 23013, is withdrawn. Submit 

comments on the proposed rule on or 

before January 12, 2018. 

ADDRESSES: You must submit 

comments, identified by 7 CFR part 

3419, electronically through the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions online for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Maggie Ewell, Senior Policy Advisor, 

202–401–0222. 

SUPPLEMENTARY INFORMATION:

I. Background and Purpose 

The National Institute of Food and 

Agriculture (NIFA) is revising part 3419 

of Title 7, subtitle B, chapter XXXIV of 

the Code of Federal Regulations which 

implements the matching requirements 

provided under section 1449 of the 

National Agricultural Research, 

Extension, and Teaching Policy Act of 

1977 (NARETPA) for agricultural 

research and extension capacity 

(formula) funds authorized for the 1890 

land-grant institutions, including 

Central State University, Tuskegee 

University, and West Virginia State 

University and 1862 land-grant 

institutions in insular areas. This 

revision is required due to the statutory 

amendments of sections 7212 of the 

Farm Security and Rural Investment Act 

of 2002 (FSRIA); section 7127 of the 

Food, Conservation, and Energy Act of 

2008; and section 7129 of the 

Agricultural Act of 2014. Additionally, 

NIFA is making changes to the 

Definitions and Use of Matching Funds 

sections to provide clarity on allowable 

uses of matching funds. NIFA rescinds 

the previous, not yet finalized, Notice of 

Proposed Rulemaking published in the 

Federal Register on April 29, 2003, RIN 

0524–AA25 (68 FR 23013). 

§ 3419.1 Definitions. The definition 

of eligible institution was updated to 

include West Virginia State University 

(formerly West Virginia State College) 

and Central State University. Section 

753 of the Agricultural, Rural 

Development, Food and Drug 

Administration, and Related Agencies 

Appropriations Act, 2002 (Pub. L. 107– 

76) restored 1890 land-grant institution 

status to West Virginia State College. In 

2004, the West Virginia Legislature 

approved West Virginia State College’s 

transition to University status. Central 

State University was recognized as an 

1890 land-grant institution under 

section 7129 of the Agricultural Act of 

2014. 

In 2014, NIFA re-branded its formula 

grant programs as ‘‘capacity grants.’’ 

Therefore, the definition of formula 

funds is changed to reflect this 

terminology, capacity funds, and the 

words ‘‘by formula’’ were inserted to 

clarify that capacity funds are provided 

by formula to eligible institutions. 

The term and definition for qualifying 

educational activities was removed due 

to the fact that this term has caused 

confusion regarding what constitutes an 

allowable qualifying educational 

activity. NIFA follows the authorized 

uses of funds in NARETPA, codified at 

7 U.S.C. 3221 and 3222, for extension 

and research programs. Research funds 

are for conducting agricultural research, 

printing, disseminating the results of 

research, administration, planning and 

direction, purchase and rental of land, 

and the construction, acquisition, 

alteration, or repair of buildings 

necessary for conducting agricultural 

research. Extension funds are for the 

expenses of conducting extension 

programs and activities. 7 U.S.C. 3221(e) 

expressly prohibits extension funds 

from being spent on college course 

teaching or lectures in college. 

NARETPA also contains definitions 

that explain the difference between 

education in conjunction with extension 

programs and education and teaching. 

Extension education is defined as 

‘‘informal’’ while teaching and 

education is defined as ‘‘formal 

classroom instruction,’’ which is 

expressly prohibited under 7 U.S.C. 

3221(e). 

Because the authorized uses related to 

education expenses are clearly outlined 

in NARETPA and in 7 U.S.C. 3221 and 

3222, NIFA does not see value in 

including the term ‘‘qualifying 

educational activity’’ as a term in 

regulation and, further, wants to ensure 

there is no conflict between its 

regulatory authorizations and the law. 

Therefore, NIFA is removing the term 

‘‘qualifying educational activity’’ and 

will allow only informal educational 

activities, as authorized by statute. 

§ 3419.2 Matching funds 

requirements. Revisions to this section 

were required due to statutory 

amendments of sections 7212 of FSRIA; 

section 7127 of the Food, Conservation, 

and Energy Act of 2008; and section 

7129 of the Agricultural Act of 2014. 

The information regarding Fiscal Years 

2000, 2001, and 2002 were removed as 

they are outdated and no longer 

applicable. NIFA proposes replacing 

this text with the matching 

requirements for 1862 land-grant 

institutions in insular areas for the 

Smith-Lever 3(b) and (c) program (7 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Proposed Rules 52251 

U.S.C. 343(e)(4)(A)) and the Hatch Act 

program (7 U.S.C. 361c(d)(4)(A)), which 

state that insular areas will provide 

matching funds from non-Federal 

sources in an amount equal to not less 

than 50 percent of the formula funds 

distributed by NIFA to each of the 1862 

land-grant institutions in insular areas, 

respectively. NIFA proposes replacing 

existing text with the matching 

requirement to the Evans Allen/Section 

1445 fund program (7 U.S.C. 3222d) and 

Extension/Section 1444 fund programs 

(7 U.S.C. 3221) which state that the 

State will provide equal matching funds 

from non-Federal sources. 

§ 3419.3 Limited Waiver Authority. 

The section entitled, ‘‘Determination of 

non-Federal sources of funds,’’ § 3419.3, 

has been removed, because it reiterated 

a statutory requirement to submit, in the 

year 1999, a report on non-Federal 

funds used as match to be submitted. 

There is no further statutory 

requirement or authority to submit 

reports on the sources of non-Federal 

funds, therefore NIFA proposes the 

removal of this section. Section 3419.4 

Limited Waiver Authority will be redesignated as § 3419.3 and modified to 

include the provisions of 7 U.S.C. 

3222d(d): Authorization of a 50% 

waiver of matching funds authority for 

1890 land-grant institutions. 

Additionally, § 3419.3 includes the 

authority to waive up to 100% of the 

required match for 1862 land-grant 

institutions in insular areas that is 

present in 7 U.S.C. 343(e)(4)(B). 

NIFA also proposes to add to this 

section a description of the criteria a 

land-grant institution must demonstrate 

in order to be eligible for a waiver. The 

three criteria are: Impacts from natural 

disaster, flood, fire, tornado, hurricane, 

or drought; State and/or Institution 

facing a financial crisis; or lack of 

matching funds after demonstrating a 

good faith effort to obtain funds. 

§ 3419.4 Application for waivers for 

both 1890 land-grant institutions and 

1862 land-grant institutions in insular 

areas. NIFA proposes to add § 3419.4 to 

outline how 1890 land-grant institutions 

and 1862 land-grant institutions in 

insular areas may request a matching 

waiver. To request a waiver, the 

president of the institution must submit 

in writing a request for a waiver of the 

matching requirements. The request 

must include the name of the eligible 

institution, the type of capacity funds, 

which would include Section 1444 

Extension, Section 1445 Research; 

Smith-Lever; or Hatch Act; the fiscal 

year of the match; and the basis of the 

request, i.e., one or more of the criteria 

identified in 3419.3. Requests for 

waivers may be submitted with the 

application for funds or at any time 

during the period of performance of the 

award. Additionally, NIFA includes a 

requirement for current supporting 

documentation, where current is 

defined as within the past two years 

from the date of the letter requesting the 

waiver. It is critical that NIFA base its 

decisions for matching waivers on the 

current state of affairs within the State 

and institution. Using older data does 

not provide adequate rationale for NIFA 

to waive the statutorily required match 

for capacity programs. 

§ 3419.5 Certification of matching 

funds. The only proposed change in this 

section is changing the word ‘‘formula’’ 

to ‘‘capacity,’’ consistent with the 

current terminology used by NIFA. 

§ 3419.6 Use of matching funds. 

NIFA proposes minor technical changes 

to this section, use of the term 

‘‘capacity’’ in place of ‘‘formula’’ and 

‘‘must’’ in place of ‘‘shall.’’ These 

technical changes have no impact on the 

requirements from the existing to the 

proposed regulation. Additionally, 

NIFA proposes to add clarifying 

language that matching funds must be 

used for the same purpose as Federal 

dollars as well as a specific prohibition 

on the use of tuition dollars and student 

fees as match. 

The intent of the proposed rule is to 

clarify two requirements. First, the 

revised proposed rule clarifies that 

matching funds must be used by an 

eligible institution for the same purpose 

as Federal award dollars: Agricultural 

research and extension activities that 

have been approved in the plan of work. 

Second, the revised proposed rule 

removes the end phrase: ‘‘or for 

approved qualifying educational 

activities.’’ As discussed in § 3419.1 

Definitions, the use of the phrase 

‘‘qualifying educational activities’’ has 

caused confusion regarding what 

constitutes an allowable qualifying 

educational activity. NIFA supports the 

position, as required under 2 CFR 

200.306, that all matching funds must 

be necessary and reasonable for 

accomplishment of project or program 

objectives. In other words, to be 

allowable as a match, the costs must be 

allowable under the Federal award. This 

principle applies to matching funds 

1890 land-grant institutions receive for 

Research and Extension programs, as 

well as the funds received by 1862 landgrant institutions in insular areas for 

Smith-Lever and Hatch programs. 

NIFA follows the authorized uses of 

funds in the authorizing statutes for 

determining what is allowable under the 

Federal award. For 1862 land-grant 

institutions in insular areas, this would 

be the authorized uses under 7 U.S.C. 

343 for Smith-Lever programs and 7 

U.S.C. 361a for Hatch Act programs. 

For 1890 Extension and Research 

programs, NIFA follows the 

authorizations included in NARETPA, 

codified at 7 U.S.C. 3221 and 3222. 

Research funds are for conducting 

agricultural research; printing; 

disseminating the results of research, 

administration, planning and direction; 

purchase and rental of land; and the 

construction, acquisition, alteration, or 

repair of buildings necessary for 

conducting agricultural research. 

Extension funds are for the expenses of 

conduction extension programs and 

activities. 7 U.S.C. 3221(e) expressly 

prohibits extension funds from being 

spent on college course teaching or 

lectures in college. 

NARETPA also contains definitions 

that explain the difference between 

education in conjunction with extension 

programs versus education and 

teaching. Extension education is defined 

as ‘‘informal’’ while teaching and 

education is defined as ‘‘formal 

classroom instruction,’’ which is 

expressly prohibited under 7 U.S.C. 

3221(e). 

Because the authorized uses related to 

education expenses are clearly outlined 

in NARETPA and 7 U.S.C. 3221 and 

3222, NIFA does not see value in 

including the term ‘‘qualifying 

educational activity’’ as a term in 

regulation and further, wants to ensure 

there is no conflict between its 

regulatory authorizations and the law. 

Therefore, NIFA is removing the term 

‘‘qualifying educational activity;’’ 

however, the removal is intended to 

prohibit expenditures related to formal 

education activities. NIFA will allow 

only informal education activities, as 

authorized by statute. 

Under 7 U.S.C. 3221(a)(3), funds 

appropriated for extension must be used 

for the expenses of conducting 

extension programs and activities, and 

for contributing to the retirement of 

employees subject to the provisions of 7 

U.S.C. 331. 7 U.S.C. 3222(e) expressly 

prohibits extension funds from being 

spent on college course teaching and 

lectures in college. Section 1404(7) of 

NARETPA defines the term extension to 

mean informal education programs 

conducted in the States in cooperation 

with the Department of Education. 

Therefore, NIFA has determined that the 

current authorizations allow for 

informal education programs to be 

conducted with extension funding, but 

not for formal classroom instruction. 

7 U.S.C. 3222(a)(3) states that: 

‘‘research funding must be used for the 

expenses of conducting agricultural 

research, printing, disseminating the 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
52252 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Proposed Rules 

results of such research, contributing to 

the retirement of employees subject to 

the provisions of 7 U.S.C. 331 of this 

title, administrative planning and 

direction, and purchase and rental of 

land and the construction, acquisition, 

alteration, or repair of buildings 

necessary for conducting agricultural 

research.’’ 

Because the authorizing statutes so 

clearly identify authorized uses and 

prohibitions, NIFA believes that no 

further explanation or inclusion of 

qualifying educational activities is 

needed in this regulation. 

§ 3419.7 Reporting of matching 

funds. The revised proposed rule adds 

a section on reporting of matching funds 

to clarify an existing requirement that 

1890 land-grant institutions and 1862 

land-grant institutions in insular areas 

report all capacity funds expended on 

an annual basis using Standard Form 

(SF) 425, in accordance with 7 CFR part 

3430. This ensures that the information 

on matching funds is reported to NIFA. 

§ 3419.8 Redistribution of funds. 

The revised proposed rule removes the 

first sentence of the existing provision 

as the timing of reapportionment may 

vary. Removing this sentence does not 

change the statutory requirements for 

reapportionment. The only significance 

of the deletion is to remove the July 1 

date for action. 

Additionally, one other technical 

correction is changing ‘‘shall’’ to 

‘‘must,’’ consistent with the plain 

English provisions relating to 

rulemaking. 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying the costs and benefits of 

simplifying and harmonizing rules, and 

of promoting flexibility. This 

rulemaking has been determined to be 

not significant for purposes of Executive 

Order 12866. 

Executive Order 13771 

This proposed rule is not expected to 

be an EO 13771 regulatory action 

because this rulemaking is not 

significant under EO 12866. 

Regulatory Flexibility Act 

This revised proposed 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 Director 

of the NIFA certifies that this proposed 

regulation will not have a significant 

economic impact on a substantial 

number of small entities. This proposed 

regulation will affect institutions of 

higher education receiving Federal 

funds under this program. The U.S. 

Small Business Administration Size 

Standards define institutions as ‘‘small 

entities’’ if they are for-profit or 

nonprofit institutions with total annual 

revenue below $5,000,000 or if they are 

institutions controlled by governmental 

entities with populations below 50,000. 

The rulemaking does not involve 

regulatory and informational 

requirements regarding businesses, 

organizations, and governmental 

jurisdictions subject to regulation. 

Catalogue of Federal Domestic 

Assistance 

The programs affected by this revised 

proposed rule are listed in the Catalogue 

of Federal Domestic Assistance under 

10.500, Cooperative Extension Service; 

and 10.205, Payments to 1890 LandGrant Colleges and Tuskegee University. 

Paperwork Reduction Act 

The Department certifies that this 

revised proposed rule has been assessed 

in accordance with the requirements of 

the Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq. The Department 

concludes that this proposed rule does 

not impose any new information 

collection requirements or change the 

burden estimate on existing information 

collection requirements. In addition to 

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

and Related and Mandatory) and the 

SF–425 Federal Financial Report (FFR) 

No. 0348–0061, NIFA has three 

currently approved OMB information 

collections associated with this 

rulemaking: OMB Information 

Collection No. 0524- 0042, NIFA 

REEport; No. 0524–0041, NIFA 

Application Review Process; and No. 

0524–0026, Organizational Information. 

Unfunded Mandates Reform Act of 1995 

and Executive Order 13132 

The Department has reviewed this 

revised proposed 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. 

Clarity of This Regulation 

Executive Order 12866 and the 

President’s Memorandum of June 1, 

1998, require each agency to write all 

rulemaking in plain language. The 

Department invites comments on how to 

make this proposed rule easier to 

understand. 

List of Subjects in 7 CFR Part 3419 

Agricultural extension, Agricultural 

research; 1890 land-grant institutions; 

insular areas; 1862 land-grant 

institutions in insular areas; matching 

funds. 

For the reasons stated in the 

preamble, the National Institute of Food 

and Agriculture rescinds the previous 

Notice of Proposed Rulemaking RIN– 

0524–AA25 issued April 29, 2003 (68 

FR 23013) and proposes to amend 7 CFR 

part 3419 as follows: 

PART 3419—MATCHING FUNDS 

REQUIREMENT FOR AGRICULTURAL 

RESEARCH AND EXTENSION 

CAPACITY FUNDS AT 1890 LANDGRANT INSTITUTIONS, AND 1862 

LAND-GRANT INSTITUTIONS IN 

INSULAR AREAS 

■ 1. The authority citation for part 3419 

is revised to read as follows: 

Authority: 7 U.S.C. 3222d; 7 U.S.C. 343(e); 

7 U.S.C. 361c; Pub. L. 107–171; Pub. L. 110– 

234; Pub. L. 113–79 

■ 2. Amend § 3419.1 as follows: 

■ a. Add a definition for ‘‘Capacity 

funds’’; 

■ b. Revise the definition of ‘‘Eligible 

institution’’; 

■ c. Remove the definition of ‘‘Formula 

funds’’; 

■ d. Revise the definition of ‘‘Matching 

funds’’; 

■ e. Remove the definition of 

‘‘Qualifying educational activities’’ 

The addition and revisions read as 

follows: 

§ 3419.1 Definitions. 

As used in this part: 

Capacity funds means agricultural 

extension and research funds provided 

by formula to the eligible institutions 

under sections 1444 and 1445 of the 

National Agricultural Research, 

Extension, and Teaching Policy Act of 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Proposed Rules 52253 

1977 (NARETPA), as amended, or under 

sections 3(b) and (c) of the Smith-Lever 

Act, 7 U.S.C. 343(b) and (c) or under 

section 3 of the Hatch Act of 1887, 7 

U.S.C. 361c. 

Eligible institution means a college or 

university eligible to receive funds 

under the Act of August 30, 1890 (7 

U.S.C. 321 et seq.) (commonly known as 

the Second Morrill Act), including 

Central State University, Tuskegee 

University, and West Virginia State 

University (1890 land-grant 

institutions), and a college or university 

designated under the Act of July 2, 1862 

(7 U.S.C. 301, et seq.) (commonly 

known as the First Morrill Act) and 

located in the Commonwealth of Puerto 

Rico and the insular areas of American 

Samoa, Guam, Micronesia, Northern 

Marianas, and the Virgin Islands (1862 

land-grant institutions in insular areas). 

Matching funds means funds from 

non-Federal sources, including those 

made available by the State to the 

eligible institutions, for programs or 

activities that fall within the purposes of 

agricultural research and cooperative 

extension under: sections 1444 and 

1445 of NARETPA; the Hatch Act of 

1887; and the Smith-Lever Act. 

* * * * * 

■ 2. Amend § 3419.2 as follows: 

■ a. Remove the introductory text; 

■ b. Revise Paragraphs (a) and (b). 

The revisions read as follows: 

§ 3419.2 Matching funds requirement. 

(a) 1890 land-grant institutions: The 

distribution of capacity funds are 

subject to a matching requirement. 

Matching funds will equal not less than 

100% of the capacity funds to be 

distributed to the institution. 

(b) 1862 land-grant institutions in 

insular areas: The distribution of 

capacity funds are subject to a matching 

requirement. Matching funds will equal 

not less than 50% of the capacity funds 

to be distributed to the institution. 

* * * * * 

§ 3419.3 [Removed] 

■ 3. Remove § 3419.3 

§ 3419.4 [Redesignated as § 3419.3] 

■ 4. Redesignate § 3419.4 as § 3419.3 

and revise it to read as follows: 

§ 3419.3 Limited waiver authority. 

(a) 1890 land-grant institutions: The 

Secretary may waive the matching funds 

requirement in 7 CFR 3419.2 above the 

50% level for any fiscal year for an 

eligible institution of a State if the 

Secretary determines that the State will 

be unlikely to satisfy the matching 

requirement. 

(b) 1862 land-grant institutions in 

insular areas: The Secretary may waive 

up to 100% of the matching funds 

requirements in 7 CFR 3419.2 for any 

fiscal year for an eligible institution in 

an insular area. 

(c) The criteria to waive the 

applicable matching requirement for 

1890 land-grant institutions and 1862 

land-grant institutions in insular areas is 

demonstration of one or more of the 

following: 

(1) Impacts from natural disaster, 

flood, fire, tornado, hurricane, or 

drought; 

(2) State and/or institution facing a 

financial crisis; or 

(3) Lack of matching funds after 

demonstration of good faith efforts to 

obtain funds. 

(d) Approval or disapproval of the 

request for a waiver will be based on the 

application submitted, as defined under 

§ 3419.4. 

■ 5. Add new § 3419.4 to read as 

follows: 

§ 3419.4 Applications for waivers for both 

1890 land-grant institutions and 1862 landgrant institutions in insular areas. 

Application for waivers for both 1890 

land-grant institutions and 1862 landgrant institutions in insular areas. The 

president of the eligible institution must 

submit any request for a waiver for 

matching requirements. A waiver 

application must include the name of 

the eligible institution, the type of 

Federal capacity funds (i.e. research, 

extension, Hatch, etc.), appropriate 

fiscal year, the basis for the request (e.g. 

one or more of the criteria identified in 

§ 3419.3); current supporting 

documentation, where current is 

defined as within the past two years 

from the date of the letter requesting the 

waiver; and the amount of the request. 

§ 3419.5 [Amended] 

■ 6. Amend § 3419.5 by removing the 

word ‘‘formula’’ and adding, in its 

place, the word ‘‘capacity’’. 

■ 7. Revise § 3419.6 to read as follows: 

§ 3419.6 Use of matching funds. 

The required matching funds for the 

capacity programs must be used by an 

eligible institution for the same purpose 

as Federal award dollars: Agricultural 

research and extension activities that 

have been approved in the plan of work 

required under sections 1445(c) and 

1444(d) of the National Agricultural 

Research, Extension, and Teaching 

Policy Act of 1977, section 7 of the 

Hatch Act of 1887, and section 4 of the 

Smith-Lever Act. For all programs, 

tuition dollars and student fees may not 

be used as matching funds. 

§ 3419.7 [Redesignated as § 3419.8] 

■ 8. Redesignate § 3419.7 as § 3419.8, 

and add a new § 3419.7 to read as 

follows: 

§ 3419.7 Reporting of matching funds. 

Institutions will report all capacity 

matching funds expended annually 

using Standard Form (SF) 425, in 

accordance with 7 CFR 3430.56(a). 

■ 9. Revise newly redesignated § 3419.8 

to read as follows: 

§ 3419.8 Redistribution of Funds. 

Unmatched research and extension 

funds will be reapportioned in 

accordance with the research and 

extension statutory distribution 

formulas applicable to the 1890 and 

1862 land-grant institutions in insular 

areas, respectively. Any redistribution 

of funds must be subject to the same 

matching requirement under § 3419.2. 

Done at Washington, DC, on November 2, 

2017. 

Sonny Ramaswamy, 

NIFA Director, National Institute of Food and 

Agriculture. 

[FR Doc. 2017–24327 Filed 11–9–17; 8:45 am] 

BILLING CODE 3410–22–P 

NATIONAL INDIAN GAMING 

COMMISSION 

25 CFR Part 514 

Fees 

AGENCY: National Indian Gaming 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The National Indian Gaming 

Commission proposes to amend its fee 

regulations. The proposed rule would 

require the Commission to adopt annual 

fee rates no later than November 1 of 

each year. In addition, the proposed rule 

defines the fiscal year of the gaming 

operation that will be used for 

calculating the fee payments. Finally, 

the proposed rule includes additional 

revisions intended to clarify the fee 

calculation and submission process for 

gaming operations. 

DATES: The agency must receive 

comments on or before December 28, 

2017. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Email: 514_Comments@nigc.gov. 

• Fax: 202–632–7066. 

• Mail: National Indian Gaming 

Commission, 1849 C Street NW., MS 

1621, Washington, DC 20240. 

• Hand Delivery: National Indian 

Gaming Commission, 90 K Street NE., 

Suite 200, Washington, DC 20002, 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS