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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:15.1.13.2.1.1.1.1 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3400.1 Applicability of regulations. | NIFA | [64 FR 34103, June 24, 1999] | (a) The regulations of this part apply to special research grants awarded under the authority of subsection (c) of the Competitive, Special, and Facilities Research Grant Act, as amended (7 U.S.C. 450i (c)), to facilitate or expand promising breakthroughs in areas of the food and agricultural sciences of importance to the United States. Subparts A and B, excepting this section, apply only to special research grants awarded under subsection (c)(1)(A). Subpart C, Peer and Merit Review Arranged by Grantees, and Subpart D, Annual Reports, apply to all grants awarded under subsection (c). (b) Each year the Director of NIFA shall determine and announce through publication of a Notice in such publications as the Federal Register, professional trade journals, agency or program handbooks, the Catalog of Federal Domestic Assistance, or any other appropriate means, research program areas for which proposals will be solicited competitively, to the extent that funds are available. (c) The regulations of this part do not apply to research, extension or education grants awarded by the Department of Agriculture under any other authority. | ||||
| 7:7:15.1.13.2.1.1.1.2 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3400.2 Definitions. | NIFA | [56 FR 58147, Nov. 15, 1991, as amended at 76 FR 4806, Jan. 27, 2011] | As used in this part: (a) Director means the Director of the National Institute of Food and Agriculture (NIFA) and any other officer or employee of the Department of Agriculture to whom the authority involved may be delegated. (b) Department means the Department of Agriculture. (c) Principal investigator means a single individual designated by the grantee in the grant application and approved by the Director who is responsible for the scientific and technical direction of the project. (d) Grantee means the entity designated in the grant award document as the responsible legal entity to whom a grant is awarded under this part. (e) Research project grant means the award by the Director of funds to a grantee to assist in meeting the costs of conducting, for the benefit of the public, an identified project which is intended and designed to establish, discover, elucidate, or confirm information or the underlying mechanisms relating to a research program area identified in the annual solicitation of applications. (f) Project means the particular activity within the scope of one or more of the research program areas identified in the annual solicitation of applications, which is supported by a grant award under this part. (g) Project period means the total length of time that is approved by the Director for conducting the research project as outlined in an approved grant application. (h) Budget period means the interval of time (usually 12 months) into which the project period is divided for budgetary and reporting purposes. (i) Awarding official means the Director and any other officer or employee of the Department to whom the authority to issue or modify research project grant instruments has been delegated. (j) Peer review group means an assembled group of experts or consultants qualified by training and experience in particular scientific or technical fields to give expert advice, in accordance with the provisions of this part, on the scientific and technical merit of grant applications… | ||||
| 7:7:15.1.13.2.1.1.1.3 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3400.3 Eligibility requirements. | NIFA | (a) Except where otherwise prohibited by law, any State agricultural experiment station, all colleges and universities, other research institutions and organizations, Federal agencies, private organizations or corporations, and individuals, shall be eligible to apply for and to receive a special research project grant under this part, provided that the applicant qualifies as a responsible grantee under the criteria set forth in paragraph (b) of this section. (b) To qualify as responsible, an applicant must meet the following standards as they relate to a particular project: (1) Have adequate financial resources for performance, the necessary experience, organizational and technical qualifications, and facilities, or a firm commitment, arrangement, or ability to obtain such (including proposed subagreements); (2) Be able to comply with the proposed or required completion schedule for the project; (3) Have a satisfactory record of integrity, judgment, and performance, including, in particular, any prior performance under grants and contracts from the Federal Government; (4) Have an adequate financial management system and audit procedure which provides efficient and effective accountability and control of all property, funds, and other assets; and (5) Be otherwise qualified and eligible to receive a research project grant under applicable laws and regulations. (c) Any applicant who is determined to be not responsible will be notified in writing of such findings and the basis therefor. | |||||
| 7:7:15.1.13.2.1.1.1.4 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3400.4 How to apply for a grant. | NIFA | [56 FR 58147, Nov 15, 1991, as amended at 80 FR 81738, Dec. 31, 2015] | (a) A request for proposals will be prepared and announced through publications such as the Federal Register, professional trade journals, agency or program handbooks, the Catalog of Federal Domestic Assistance, or any other appropriate means of solicitation, as early as practicable each fiscal year. It will contain information sufficient to enable all eligible applicants to prepare special research grant proposals and will be as complete as possible with respect to: (1) Descriptions of specific research program areas which the Department proposes to support during the fiscal year involved, including anticipated funds to be awarded; (2) Deadline dates for having proposal packages postmarked; (3) Name and address where proposals should be mailed; (4) Number of copies to be submitted; (5) Forms required to be used when submitting proposals; and (6) Special requirements. (b) Grant Application Kit. A Grant Application Kit will be made available to any potential grant applicant who requests a copy. This kit contains required forms, certifications, and instructions applicable to the submission of grant proposals. (c) Format for research grant proposals. Unless otherwise stated in the specific program solicitation, the following applies: (1) Grant Application. All research grant proposals submitted by eligible applicants should contain a Grant Application form, which must be signed by the proposing principal investigator(s) and endorsed by the cognizant authorized organizational representative who possesses the necessary authority to commit the applicant's time and other relevant resources. (2) Title of Project. The title of the project must be brief (80-character maximum), yet represent the major thrust of the research. This title will be used to provide information to the Congress and other interested parties who may be unfamiliar with scientific terms; therefore, highly technical words or phraseology should be avoided where possible. In addition, phrases such as “investigation of” or “research on”… | ||||
| 7:7:15.1.13.2.1.1.1.5 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3400.5 Evaluation and disposition of applications. | NIFA | (a) Evaluation. All proposals received from eligible applicants in accordance with eligible research problem or program areas and deadlines established in the applicable request for proposals shall be evaluated by the Director through such officers, employees, and others as the Director determines are uniquely qualified in the areas of research represented by particular projects. To assist in equitably and objectively evaluating proposals and to obtain the best possible balance of viewpoints, the Director shall solicit the advice of peer scientists, ad hoc reviewers, or others who are recognized specialists in the research program areas covered by the applications received and whose general roles are defined in §§ 3400.2(j) and 3400.2(k). Specific evaluations will be based upon the criteria established in subpart B § 3400.15, unless NIFA determines that different criteria are necessary for the proper evaluation of proposals in one or more specific program areas, and announces such criteria and their relative importance in the annual program solicitation. The overriding purpose of such evaluations is to provide information upon which the Director can make informed judgments in selecting proposals for ultimate support. Incomplete, unclear, or poorly organized applications will work to the detriment of applicants during the peer evaluation process. To ensure a comprehensive evaluation, all applications should be written with the care and thoroughness accorded papers for publication. (b) Disposition. On the basis of the Director's evaluation of an application in accordance with paragraph (a) of this section, the Director will (1) Approve support using currently available funds, (2) Defer support due to lack of funds or a need for further evaluations, or (3) Disapprove support for the proposed project in whole or in part. With respect to approved projects, the Director will determine the project period (subject to extension as provided in § 3400.7(c)) during which the project may be supported. Any deferral … | |||||
| 7:7:15.1.13.2.1.1.1.6 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3400.6 Grant awards. | NIFA | [56 FR 58147, Nov. 15, 1991, as amended at 79 FR 75997, Dec. 26, 2014] | (a) General. Within the limit of funds available for such purpose, the awarding official shall make research project grants to those responsible, eligible applicants whose proposals are judged most meritorious in the announced program areas under the evaluation criteria and procedures set forth in this part. The date specified by the Director as the beginning of the project period shall be no later than September 30 of the Federal fiscal year in which the project is approved for support and funds are appropriated for such purpose, unless otherwise permitted by law. All funds granted under this part shall be expended solely for the purpose for which the funds are granted in accordance with the approved application and budget, the regulations of this part, the terms and conditions of the award, the applicable Federal cost principles, and 2 CFR part 20 (part 3015 of this title). (b) Grant award document and notice of grant award —(1) Grant award document. The grant award document shall include at a minimum the following: (i) Legal name and address of performing organization or institution to whom the Director has awarded a special research project grant under the terms of this part; (ii) Title of project; (iii) Name(s) and address(es) of principal investigator(s) chosen to direct and control approved activities; (iv) Identifying grant number assigned by the Department; (v) Project period, which specifies how long the Department intends to support the effort without requiring recompetition for funds; (vi) Total amount of Departmental financial assistance approved by the Director during the project period; (vii) Legal authority(ies) under which the research project grant is awarded to accomplish the purpose of the law; (viii) Approved budget plan for categorizing allocable project funds to accomplish the stated purpose of the research project grant award; and (ix) Other information or provisions deemed necessary by the Department to carry out its granting activities or to accomplish the purpose of a par… | ||||
| 7:7:15.1.13.2.1.1.1.7 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3400.7 Use of funds; changes. | NIFA | [56 FR 58147, Nov. 15, 1991, as amended at 64 FR 34103, June 24, 1999] | (a) Delegation of fiscal responsibility. The grantee may not delegate or transfer in whole or in part, to another person, institution, or organization the responsibility for use or expenditure of grant funds. (b) Change in project plans. (1) The permissible changes by the grantee, principal investigator(s), or other key project personnel in the approved research project grant shall be limited to changes in methodology, techniques, or other aspects of the project to expedite achievement of the projects' approved goals. If the grantee or the principal investigator(s) is uncertain as to whether a change complies with this provision, the question must be referred to the Director for a final determination. (2) Changes in approved goals, or objectives, shall be requested by the grantee and approved in writing by the Department prior to effecting such changes. In no event shall requests for such changes be approved which are outside the scope of the original approved project. (3) Changes in approved project leadership or the replacement or reassignment of other key project personnel shall be requested by the grantee and approved in writing by the Department prior to effecting such changes. (4) Transfers of actual performance of the substantive programmatic work in whole or in part and provisions for payment of funds, whether or not Federal funds are involved, shall be requested by the grantee and approved in writing by the Department prior to effecting such changes, except as may be allowed in the terms and conditions of the grant award. (c) Changes in project period. The project period determined pursuant to § 3400.5(b) may be extended by the Director without additional financial support for such additional period(s) as the Director determines may be necessary to complete or fulfill the purposes of an approved project. Any extension, when combined with the originally approved or amended project period shall not exceed three (3) years (the limitation established by statute) and shall be further conditioned up… | ||||
| 7:7:15.1.13.2.1.1.1.8 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3400.8 Other Federal statutes and regulations that apply. | NIFA | [79 FR 75997, Dec. 19, 2014] | (a) The Office of Management and Budget (“OMB”) issued guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 on December 26, 2013. In 2 CFR 400.1, the Department adopted OMB's guidance in subparts A through F of 2 CFR part 200, as supplemented by 2 CFR part 400, as the Department's policies and procedures for uniform administrative requirements, cost principles, and audit requirements for federal awards. As a result, this regulation contains references to 2 CFR part 200 as it has regulatory effect for the Department's programs and activities.” (b) Several other Federal statutes and/or regulations apply to grant proposals considered for review or to research project grants awarded under this part. These include but are not limited to: 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 2 CFR part 180 and Part 417—OMB Guidelines to Agencies on Government-Wide Debarment and Suspension (Nonprocurement) and USDA Nonprocurement Debarment and Suspension. 7 CFR part 1c—USDA Implementation of the Federal Policy for the Protection of Human Subjects. 7 CFR 1.1—USDA Implementation of Freedom of Information Act. 7 CFR part 3—USDA Implementation of OMB Circular A-129 Regarding Debt Collection. 7 CFR part 15, subpart A—USDA Implementation of Title VI of the Civil Rights Act of 1964. 7 CFR part 3407—NIFA procedures to implement the National Environmental Policy Act. 29 U.S.C. 794, section 504—Rehabilitation Act of 1973, and 7 CFR part 15B (USDA implementation of statute), prohibiting discrimination based upon physical or mental handicap in Federally assisted programs. 35 U.S.C. 200 et seq. —Bayh-Dole Act, controlling allocation of rights to inventions made by employees of small business firms and domestic nonprofit organizations, including universities, in Federally assisted programs (implementing regulations are contained in 37 CFR part 401). 2 CFR part 200—Uniform Admin… | ||||
| 7:7:15.1.13.2.1.1.1.9 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3400.9 Other conditions. | NIFA | The Director may, with respect to any research project grant or to any class of awards, impose additional conditions prior to or at the time of any award when, in the Director's judgment, such conditions are necessary to assure or protect advancement of the approved project, the interests of the public, or the conservation of grant funds. | |||||
| 7:7:15.1.13.2.1.2.1.1 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3400.10 Establishment and operation of peer review groups. | NIFA | Subject to § 3400.5, the Director will adopt procedures for the conduct of peer reviews and the formulation of recommendations under § 3400.14. | |||||
| 7:7:15.1.13.2.1.2.1.2 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3400.11 Composition of peer review groups. | NIFA | (a) Peer review group members will be selected based upon their training and experience in relevant scientific or technical fields, taking into account the following factors: (1) The level of formal scientific or technical education by the individual; (2) The extent to which the individual has engaged in relevant research, the capacities in which the individual has done so (e.g., principal investigator, assistant), and the quality of such research; (3) Professional recognition as reflected by awards and other honors received from scientific and professional organizations outside of the Department; (4) The need of the group to include within its membership experts from various areas of specialization within relevant scientific or technical fields; (5) The need of the group to include within its membership experts from a variety of organizational types (e.g., universities, industry, private consultant(s)) and geographic locations; and (6) The need of the group to maintain a balanced membership, e.g., minority and female representation and an equitable age distribution. (b) [Reserved] | |||||
| 7:7:15.1.13.2.1.2.1.3 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3400.12 Conflicts of interest. | NIFA | Members of peer review groups covered by this part are subject to relevant provisions contained in Title 18 of the United States Code relating to criminal activity, Department regulations governing employee responsibilities and conduct (part O of this title), and Executive Order 11222, as amended. | |||||
| 7:7:15.1.13.2.1.2.1.4 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3400.13 Availability of information. | NIFA | Information regarding the peer review process will be made available to the extent permitted under the Freedom of Information Act (5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a), and implementing Departmental regulations (part 1 of this title). | |||||
| 7:7:15.1.13.2.1.2.1.5 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3400.14 Proposal review. | NIFA | (a) All research grant applications will be acknowledged. Prior to technical examination, a preliminary review will be made for responsiveness to the request for proposals (e.g., relationship of application to research program area). Proposals which do not fall within the guidelines as stated in the annual request for proposals will be eliminated from competition and will be returned to the applicant. Proposals whose budgets exceed the maximum allowable amount for a particular program area as announced in the request for proposals may be considered as lying outside the guidelines. (b) All applications will be carefully reviewed by the Director, qualified officers or employees of the Department, the respective peer review group, and ad hoc reviewers, as required. Written comments will be solicited from ad hoc reviewers when required, and individual written comments and in-depth discussions will be provided by peer review group members prior to recommending applications for funding. Applications will be ranked and support levels recommended within the limitation of total available funding for each research program area as announced in the applicable request for proposals. (c) No awarding official will make a research project grant based upon an application covered by this part unless the application has been reviewed by a peer review group and/or ad hoc reviewers in accordance with the provisions of this part and said reviewers have made recommendations concerning the scientific merit of such application. (d) Except to the extent otherwise provided by law, such recommendations are advisory only and are not binding on program officers or on the awarding official. | |||||
| 7:7:15.1.13.2.1.2.1.6 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3400.15 Review criteria. | NIFA | (a) Subject to the varying conditions and needs of States, Federal funded agricultural research supported under these provisions shall be designed to, among other things, accomplish one or more of the following purposes: (1) Continue to satisfy human food and fiber needs; (2) Enhance the long-term viability and competitiveness of the food production and agricultural system of the United States within the global economy; (3) Expand economic opportunities in rural America and enhance the quality of life for farmers, rural citizens, and society as a whole; (4) Improve the productivity of the American agricultural system and develop new agricultural crops and new uses for agricultural commodities; (5) Develop information and systems to enhance the environment and the natural resource base upon which a sustainable agricultural economy depends; or (6) Enhance human health. In carrying out its review under § 3400.14, the peer review group will use the following form upon which the evaluation criteria to be used are enumerated, unless pursuant to § 3400.5(a), different evaluation criteria are specified in the annual solicitation of proposals for a particular program. Peer Panel Scoring Form Proposal Identification No. Institution and Project Title I. Basic Requirement: Proposal falls within guidelines? __________ Yes __________ No. If no, explain why proposal does not meet guidelines under comment section of this form. II. Selection Criteria: Score 1-10 Weight factor Score X weight factor Comments 1. Overall scientific and technical quality of proposal 10 2. Scientific and technical quality of the approach 10 3. Relevance and importance of proposed research to solution of specific areas of inquiry 6 4. Feasibility of attaining objectives; adequacy of professional training and experience, facilities and equipment 5 Score Summary Comments Proposal falls within guidelines? __________ Yes __________ No. If no, explain why proposal does not meet guidelines under comment s… | |||||
| 7:7:15.1.13.2.1.3.1.1 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | C | Subpart C—Peer and Merit Review Arranged by Grantees | § 3400.20 Grantee review prior to award. | NIFA | (a) Review requirement. Prior to the award of a standard or continuation grant by NIFA, any proposed project shall have undergone a review arranged by the grantee as specified in this subpart. For research projects, such review must be a scientific peer review conducted in accordance with § 3400.21. For education and extension projects, such review must be a merit review conducted in accordance with § 3400.22. (b) Credible and independent. Review arranged by the grantee must provide for a credible and independent assessment of the proposed project. A credible review is one that provides an appraisal of technical quality and relevance sufficient for an organizational representative to make an informed judgment as to whether the proposal is appropriate for submission for Federal support. To provide for an independent review, such review may include USDA employees, but should not be conducted solely by USDA employees. (c) Notice of completion and retention of records. A notice of completion of review shall be conveyed in writing to NIFA either as part of the submitted proposal or prior to the issuance of an award, at the option of NIFA. The written notice constitutes certification by the applicant that a review in compliance with these regulations has occurred. Applicants are not required to submit results of the review to NIFA; however, proper documentation of the review process and results should be retained by the applicant. (d) Renewal and supplemental grants. Review by the grantee is not automatically required for renewal or supplemental grants as defined in § 3400.6. A subsequent grant award will require a new review if, according to NIFA, either the funded project has changed significantly, other scientific discoveries have affected the project, or the need for the project has changed. Note that a new review is necessary when applying for another standard or continuation grant after expiration of the grant term. | |||||
| 7:7:15.1.13.2.1.3.1.2 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | C | Subpart C—Peer and Merit Review Arranged by Grantees | § 3400.21 Scientific peer review for research activities. | NIFA | Scientific peer review is an evaluation of a proposed project for technical quality and relevance to regional or national goals performed by experts with the scientific knowledge and technical skills to conduct the proposed research work. Peer reviewers may be selected from an applicant organization or from outside the organization, but shall not include principals, collaborators or others involved in the preparation of the application under review. | |||||
| 7:7:15.1.13.2.1.3.1.3 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | C | Subpart C—Peer and Merit Review Arranged by Grantees | § 3400.22 Merit review for education and extension activities. | NIFA | Merit review is an evaluation of a proposed project or elements of a proposed program whereby the technical quality and relevance to regional or national goals are assessed. The merit review shall be performed by peers and other individuals with expertise appropriate to evaluate the proposed project. Merit reviewers may not include principals, collaborators or others involved in the preparation of the application under review. | |||||
| 7:7:15.1.13.2.1.4.1.1 | 7 | Agriculture | XXXIV | 3400 | PART 3400—SPECIAL RESEARCH GRANTS PROGRAM | D | Subpart D—Annual Reports | § 3400.23 Annual reports. | NIFA | [64 FR 34104, June 24, 1999] | (a) Reporting requirement. The recipient shall submit an annual report describing the results of the research, extension, or education activity and the merit of the results. (b) Report type and content. Unless otherwise stipulated, grant recipients will have met the reporting requirement under this subpart by complying with the reporting requirements as set forth in the terms and conditions of the grant at the time of award. | ||||
| 7:7:15.1.13.2.10.1.1.1 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3415.1 Applicability of regulations. | NIFA | (a) The regulations of this part apply to research grants awarded under the authority of section 1668 of the Food, Agriculture, Conservation, and Trade Act of 1990, (7 U.S.C. 5921). Grants awarded under this section will support biotechnology risk assessment research to help address concerns about the effects of introducing certain biotechnology products into the environment and to help regulators develop policies concerning the introduction of such products. Taking into consideration any determinations made through consultations with such entities as the Animal and Plant Health Inspection Service, the Forest Service, the Environmental Protection Agency, the Office of Agricultural Biotechnology, and the Agricultural Biotechnology Research Advisory Committee, the Director of NIFA and Administrator of ARS shall determine and announce, through publication of a Notice in such publications as the Federal Register, professional trade journals, agency or program handbooks, the Catalog of Federal Domestic Assistance, or any other appropriate means, specific areas of research for which preproposals or proposals will be solicited and the extent that funds are available therefor. (b) The regulations of this part do not apply to grants awarded by the Department of Agriculture under any other authority. | |||||
| 7:7:15.1.13.2.10.1.1.2 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3415.2 Definitions. | NIFA | [58 FR 65647, Dec. 15, 1993, as amended at 76 FR 4811, Jan. 27, 2011] | As used in this part: (a) Ad hoc reviewers means experts or consultants qualified by training and experience in particular scientific or technical fields to render special expert advice, through written evaluations of grant applications, in accordance with the provisions of this part, on the scientific or technical merit of grant applications in those fields. (b) Administrator means the Administrator of the Agricultural Research Service (ARS) and any other officer or employee of the Department of Agriculture to whom the authority involved may be delegated. (c) Awarding official means the Director or Administrator and any other officer or employee of the Department to whom the authority to issue or modify grant instruments has been delegated. (d) Biotechnology means any technique that uses living organisms (or parts of organisms) to make or modify products, to improve plants or animals, or to develop microorganisms for specific use. The development of materials that mimic molecular structures or functions of living systems is included. (e) Budget period means the interval of time (usually 12 months) into which the project period is divided for budgetary and reporting purposes. (f) Department means the Department of Agriculture. (g) Director means the Director of the National Institute of Food and Agriculture (NIFA) and any other officer or employee of the Department of Agriculture to whom the authority involved may be delegated. (h) Grant means the award by the Director or Administrator of funds to a grantee to assist in meeting the costs of conducting, for the benefit of the public, an identified project which is intended and designed to establish, discover, elucidate, or confirm information or the underlying mechanisms relating to a research program area identified in program solicitation. (i) Grantee means the entity designated in the grant award document as the responsible legal entity to whom a grant is awarded under this part. (j) Peer review group means an assembled group of ex… | ||||
| 7:7:15.1.13.2.10.1.1.3 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3415.3 Eligibility requirements. | NIFA | (a) Except where otherwise prohibited by law, any public or private research or educational institution or organization shall be eligible to apply for and to receive a grant award under this part, provided that the applicant qualifies as a responsible grantee under the criteria set forth in paragraph (b) of this section. (b) To qualify as responsible, an applicant must meet the following standards as they relate to a particular project: (1) Adequate financial resources for performance, the necessary experience, organizational and technical qualifications, and facilities, or a firm commitment, arrangement, or ability to obtain same (including by proposed subagreements); (2) Ability to comply with the proposed or required completion schedule for the project; (3) Satisfactory record of integrity, judgment, and performance, including, in particular, any prior performance under grants or contracts from the Federal government; (4) Adequate financial management system and audit procedures that provide efficient and effective accountability and control of all funds, property, and other assets; and (5) Otherwise be qualified and eligible to receive a grant under the applicable laws and regulations. (c) Any applicant who is determined to be not responsible will be notified in writing of such finding and the basis therefor. | |||||
| 7:7:15.1.13.2.10.1.1.4 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3415.4 How to apply for a grant. | NIFA | (a) A program solicitation will be prepared and announced through publications such as the Federal Register, professional trade journals, agency or program handbooks, the Catalog of Federal Domestic Assistance, or any other appropriate means, as early as practicable each fiscal year. The Department may elect to solicit preproposals each fiscal year in order to eliminate from consideration proposed research that does not address narrowly focused program objectives. A preproposal will be limited in length (in comparison to a full proposal) to alleviate waste of time and effort by applicants in the preparation of proposals and USDA staff in the review of proposals. If the Department solicits preproposals through publication of the annual program solicitation, the Department does not anticipate publishing a subsequent solicitation for full proposals. Applicants submitting preproposals deemed appropriate to the objectives of this program as set out in the annual solicitation will be requested to submit full proposals; the full proposals will then be evaluated in accordance with § 3415.5 through § 3415.15 of this part. The annual program solicitation will contain information sufficient to enable applicants to prepare preproposals or full proposals under this program and will be as complete as possible with respect to: (1) Descriptions of the specific research areas that the Department proposes to support during the fiscal year involved, including anticipated funds to be awarded; (2) Eligibility requirements; (3) Obtaining application kits; (4) Deadline dates for submission of preproposal or proposal packages; (5) Name and mailing address to send preproposals or proposals; (6) Number of copies to submit; and (7) Special requirements. (b) Application Kit. An Application Kit will be made available to any potential grant applicant who requests a copy. This kit contains required forms, certifications, and instructions applicable to the submission of grant preproposals or proposals. (c) Format for preproposal… | |||||
| 7:7:15.1.13.2.10.1.1.5 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3415.5 Evaluation and disposition of applications. | NIFA | [58 FR 65647, Dec. 15, 1993, as amended at 80 FR 81738, Dec. 31, 2015] | (a) Evaluation. All proposals received from eligible applicants and submitted in accordance with deadlines established in the annual program solicitation shall be evaluated by the Director or Administrator through such officers, employees, and others as the Director or Administrator determines are uniquely qualified in the areas of research represented by particular projects. To assist in equitably and objectively evaluating proposals and to obtain the best possible balance of viewpoints, the Director or Administrator shall solicit the advice of peer scientists, ad hoc reviewers, or others who are recognized specialists in the areas covered by the applications received and whose general roles are defined in § 3415.2. Specific evaluations will be based upon the criteria established in subpart B, § 3415.15, unless NIFA and/or ARS determine that different criteria are necessary for the proper evaluation of proposals in one or more specific program areas, or for specific types of projects to be supported, and announces such criteria and their relative importance in the annual program solicitation. The overriding purpose of these evaluations is to provide information upon which the Director or Administrator may make an informed judgment in selecting proposals for support. Incomplete, unclear, or poorly organized applications will work to the detriment of applicants during the peer evaluation process. To ensure a comprehensive evaluation, all applications should be written with the care and thoroughness accorded papers for publication. (b) Disposition. On the basis of the Director's or Administrator's evaluation of an application in accordance with paragraph (a) of this section, the Director or Administrator will (1) approve support using currently available funds, (2) defer support due to lack of funds or a need for further evaluation, or (3) disapprove support for the proposed project in whole or in part. With respect to approved projects, the Director or Administrator will determine the project period (subjec… | ||||
| 7:7:15.1.13.2.10.1.1.6 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3415.6 Grant awards. | NIFA | [58 FR 65647, Dec. 15, 1993, as amended at 79 FR 76000, Dec. 19, 2014] | (a) General. Within the limit of funds available for such purpose, the awarding official of NIFA or ARS shall make grants to those responsible, eligible applicants whose proposals are judged most meritorious in the announced program areas under the evaluation criteria and procedures set forth in this part. The date specified by the Director or Administrator as the effective date of the grant shall be no later than September 30 of the Federal fiscal year in which the project is approved for support and funds are appropriated for such purpose, unless otherwise permitted by law. It should be noted that the project need not be initiated on the grant effective date, but as soon thereafter as practicable so that project goals may be attained within the funded project period. All funds granted by NIFA or ARS under this Part shall be expended solely for the purpose for which the funds are granted in accordance with the approved application and budget, the regulations of this part, the terms and conditions of the award, the applicable Federal cost principles, 2 CFR part 200. (b) Grant award document and notice of grant award —(1) Grant award document. The grant award document shall include at a minimum the following: (i) Legal name and address of performing organization or institution to whom the Director or Administrator has awarded a grant under the terms of this Part; (ii) Title of project; (iii) Name(s) and address(es) of principal investigator(s) chosen to direct and control approved activities; (iv) Identifying grant number assigned by the Department; (v) Project period, specifying the amount of time the Department intends to support the project without requiring recompetition for funds; (vi) Total amount of Departmental financial assistance approved by the Director or Administrator during the project period; (vii) Legal authority(ies) under which the grant is awarded; (viii) Approved budget plan for categorizing allocable project funds to accomplish the stated purpose of the grant award; and (ix) Oth… | ||||
| 7:7:15.1.13.2.10.1.1.7 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3415.7 Use of funds; changes. | NIFA | (a) Delegation of fiscal responsibility. The grantee may not in whole or in part delegate or transfer to another person, institution, or organization the responsibility for use or expenditure of grant funds. (b) Change in project plans. (1) The permissible changes by the grantee, principal investigator(s), or other key project personnel in the approved grant shall be limited to changes in methodology, techniques, or other aspects of the project to expedite achievement of the project's approved goals. If the grantee or the principal investigator(s) is uncertain whether a particular change complies with this provision, the question must be referred to the awarding official of NIFA or ARS, as appropriate, for a final determination. (2) Changes in approved goals, or objectives, shall be requested by the grantee and approved in writing by the awarding official of NIFA or ARS, as appropriate, prior to effecting such changes. Normally, no requests for such changes that are outside the scope of the original approved project will be approved. (3) Changes in approved project leadership or the replacement or reassignment of other key project personnel shall be requested by the grantee and approved in writing by the awarding official of NIFA or ARS, as appropriate, prior to effecting such changes. (4) Transfers of actual performance of the substantive programmatic work in whole or in part and provisions for payment of funds, whether or not Federal funds are involved, shall be requested by the grantee and approved in writing by the awarding official of NIFA or ARS, as appropriate, prior to effecting such changes, unless prescribed otherwise in the terms and conditions of a grant. (c) Changes in project period. The project period determined pursuant to § 3415.5(b) may be extended by the awarding official of NIFA or ARS, as appropriate, without additional financial support, for such additional period(s) as the appropriate awarding official determines may be necessary to complete, or fulfill the purposes of, an approv… | |||||
| 7:7:15.1.13.2.10.1.1.8 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3415.8 Other Federal statutes and regulations that apply. | NIFA | [79 FR 76000, Dec. 19, 2014] | (a) The Office of Management and Budget (“OMB”) issued guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 on December 26, 2013. In 2 CFR 400.1, the Department adopted OMB's guidance in subparts A through F of 2 CFR part 200, as supplemented by 2 CFR part 400, as the Department's policies and procedures for uniform administrative requirements, cost principles, and audit requirements for federal awards. As a result, this regulation contains references to 2 CFR part 200 as it has regulatory effect for the Department's programs and activities.” (b) Several other Federal statutes and/or regulations apply to grant proposals considered for review or to research project grants awarded under this part. These include but are not limited to: 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 2 CFR part 180 and Part 417—OMB Guidelines to Agencies on Government-Wide Debarment And Suspension (Nonprocurement) and USDA Nonprocurement Debarment And Suspension 7 CFR part 1c—USDA Implementation of the Federal Policy for the Protection of Human Subjects. 7 CFR 1.1—USDA Implementation of Freedom of Information Act. 7 CFR part 3—USDA Implementation of OMB Circular A-129 Regarding Debt Collection. 7 CFR part 15, subpart A—USDA Implementation of Title VI of the Civil Rights Act of 1964. 7 CFR part 3407—NIFA Procedures To Implement the National Environmental Policy Act; 29 U.S.C. 794 (section 504, Rehabilitation Act of 1973) and 7 CFR part 15B (USDA implementation of statute)—prohibiting discrimination based upon physical or mental handicap in Federally assisted programs; and 35 U.S.C. 200 et seq. —Bayh-Dole Act, controlling allocation of rights to inventions made by employees of small business firms and domestic nonprofit organizations, including universities, in Federally assisted programs (implementing regulations are contained in 37 CFR part 401). 2 CFR part 200—Uniform Ad… | ||||
| 7:7:15.1.13.2.10.1.1.9 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | A | Subpart A—General | § 3415.9 Other conditions. | NIFA | The Director or Administrator may elect to use a portion of available funding each fiscal year to support an Annual Conference, the purpose of which will be to bring together scientists and regulatory officials relevant to this program. At the Annual Conference, the participants may offer individual opinions regarding research needs, update information and discuss progress, or may offer individual opinions on areas of risk assessment research appropriate to agricultural biotechnology. The annual program solicitation will indicate whether funds are available to support an Annual Conference and, if so, will include instructions on the preparation and submission of proposals requesting funds from the Department for support of an Annual Conference. The Department may also elect to require principal investigators whose research is funded under this program to attend an Annual Conference and to present data on the results of their research efforts. Should attendance at an Annual Conference be required, the annual program solicitation will so indicate, and principal investigators may include attendance costs in their proposed budgets. The Director or Administrator may, with respect to any grant or to any class of awards, impose additional conditions prior to or at the time of any award when, in the Director's or Administrator's judgment, such conditions are necessary to ensure or protect advancement of the approved project, the interests of the public, or the conservation of grant funds. | |||||
| 7:7:15.1.13.2.10.2.1.1 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3415.10 Establishment and operation of peer review groups. | NIFA | Subject to § 3415.5, the Director or Administrator shall adopt procedures for the conduct of peer reviews and the formulation of recommendations under § 3415.14. | |||||
| 7:7:15.1.13.2.10.2.1.2 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3415.11 Composition of peer review groups. | NIFA | (a) Peer review group members and ad hoc reviewers will be selected based upon their training and experience in relevant scientific or technical fields, taking into account the following factors: (1) The level of formal scientific or technical education by the individual and the extent to which an individual is engaged in relevant research activities; (2) The need to include as peer reviewers experts from various areas of specialization within relevant scientific or technical fields; (3) The need to include as peer reviewers experts from a variety of organizational types (e.g., universities, Federal laboratories, industry, private consultant(s), Federal and State regulatory agencies, environmental organizations) and geographic locations; and (4) The need to maintain a balanced composition of peer review groups related to minority and female representation and an equitable age distribution. (b) [Reserved] | |||||
| 7:7:15.1.13.2.10.2.1.3 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3415.12 Conflicts of interest. | NIFA | Members of peer review groups covered by this part are subject to relevant provisions contained in title 18 of the United States Code relating to criminal activity, Departmental regulations governing employee responsibilities and conduct (part O of this title), and Executive Order No. 11222, as amended. | |||||
| 7:7:15.1.13.2.10.2.1.4 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3415.13 Availability of information. | NIFA | Information regarding the peer review process will be made available to the extent permitted under the Freedom of Information Act (5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a.), and implementing Departmental regulations (part 1 of this title). | |||||
| 7:7:15.1.13.2.10.2.1.5 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3415.14 Proposal review. | NIFA | (a) All grant applications will be acknowledged. Prior to technical examination, a preliminary review will be made for responsiveness to the program solicitation (e.g., relationship of application to announced program area). Proposals that do not fall within the guidelines as stated in the program solicitation will be eliminated from competition and will be returned to the applicant. (b) All applications will be carefully reviewed by the Director or Administrator, qualified officers or employees of the Department, the respective peer review group, and ad hoc reviewers, as required. Written comments will be solicited from ad hoc reviewers when required, and individual written comments and in-depth discussions will be provided by peer review group members prior to recommending applications for funding. Applications will be ranked and support levels recommended within the limitation of total available funding for each research program area as announced in the program solicitation. (c) No awarding official will make a grant based upon an application covered by this part unless the application has been reviewed in accordance with the provisions of this part and unless said reviewers have made recommendations concerning the scientific merit and relevance to the program of such application. (d) Except to the extent otherwise provided by law, such recommendations are advisory only and are not binding on program officers or on the awarding officials of NIFA and ARS. | |||||
| 7:7:15.1.13.2.10.2.1.6 | 7 | Agriculture | XXXIV | 3415 | PART 3415—BIOTECHNOLOGY RISK ASSESSMENT RESEARCH GRANTS PROGRAM | B | Subpart B—Scientific Peer Review of Research Grant Applications | § 3415.15 Evaluation factors. | NIFA | In carrying out its review under § 3415.14, the peer review group will take into account the following factors unless, pursuant to § 3415.5(a), different evaluation criteria are specified in the annual program solicitation: (a) Scientific merit of the proposal. (1) Conceptual adequacy of hypothesis; (2) Clarity and delineation of objectives; (3) Adequacy of the description of the undertaking and suitability and feasibility of methodology; (4) Demonstration of feasibility through preliminary data; (5) Probability of success of project; (6) Novelty, uniqueness and originality; and (7) Appropriateness to regulation of biotechnology and risk assessment. (b) Qualifications of proposed project personnel and adequacy of facilities. (1) Training and demonstrated awareness of previous and alternative approaches to the problem identified in the proposal, and performance record and/or potential for future accomplishments; (2) Time allocated for systematic attainment of objectives; (3) Institutional experience and competence in subject area; and (4) Adequacy of available or obtainable support personnel, facilities, and instrumentation. (c) Relevance of project to solving biotechnology regulatory uncertainty for United States agriculture. (1) Scientific contribution of research in leading to important discoveries or significant breakthroughs in announced program areas; and (2) Relevance of the risk assessment research to agriculture and environmental regulations. | |||||
| 7:7:15.1.13.2.11.0.1.1 | 7 | Agriculture | XXXIV | 3418 | PART 3418—STAKEHOLDER INPUT REQUIREMENTS FOR RECIPIENTS OF AGRICULTURAL RESEARCH, EDUCATION, AND EXTENSION FORMULA FUNDS | § 3418.1 Definitions. | NIFA | As used in this part: 1862 institution means a college or university eligible to receive funds under the Act of July 2, 1862 (7 U.S.C. 301, et seq. ). 1890 institution means a college or university eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321, et seq. ), including Tuskegee University. 1994 institution means an institution as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note). Formula funds means agricultural research funds provided to 1862 institutions and agricultural experiment stations under the Hatch Act of 1887 (7 U.S.C. 361a, et seq. ); extension funds provided to 1862 institutions under sections 3(b) and 3(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) of the District of Columbia Public Postsecondary Education Reorganization Act, Pub. L. 93-471; agricultural extension and research funds provided to 1890 institutions under sections 1444 and 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (NARETPA)(7 U.S.C. 3221 and 3222); education formula funds provided to 1994 institutions under section 534(a) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note); research funds provided to forestry schools under the McIntire-Stennis Act of 1962 (16 U.S.C. 582a, et seq. ); and animal health and disease research funds provided to veterinary schools and agricultural experiment stations under section 1433 of NARETPA (7 U.S.C. 3195). Recipient institution means any 1862 institution, 1890 institution, 1994 institution, or any other institution that receives formula funds from the Department of Agriculture. Seek stakeholder input means an open, fair, and accessible process by which individuals, groups, and organizations may have a voice, and one that treats all with dignity and respect. Stakeholder means any person who has the opportunity to use or conduct agricultural research, extension, or education activities of recipient institutions. | |||||||
| 7:7:15.1.13.2.11.0.1.2 | 7 | Agriculture | XXXIV | 3418 | PART 3418—STAKEHOLDER INPUT REQUIREMENTS FOR RECIPIENTS OF AGRICULTURAL RESEARCH, EDUCATION, AND EXTENSION FORMULA FUNDS | § 3418.2 Scope and Purpose. | NIFA | Section 102(c) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7612(c)) requires land-grant institutions, as a condition of receipt of formula funds, to solicit and consider input and recommendations from stakeholders concerning the use of formula funds. This regulation implements this requirement consistently for all recipient institutions that receive formula funds. | |||||||
| 7:7:15.1.13.2.11.0.1.3 | 7 | Agriculture | XXXIV | 3418 | PART 3418—STAKEHOLDER INPUT REQUIREMENTS FOR RECIPIENTS OF AGRICULTURAL RESEARCH, EDUCATION, AND EXTENSION FORMULA FUNDS | § 3418.3 Applicability. | NIFA | To obtain formula funds after September 30, 1999, each recipient institution shall establish and implement a process for obtaining stakeholder input on the uses of formula funds in accordance with this part. | |||||||
| 7:7:15.1.13.2.11.0.1.4 | 7 | Agriculture | XXXIV | 3418 | PART 3418—STAKEHOLDER INPUT REQUIREMENTS FOR RECIPIENTS OF AGRICULTURAL RESEARCH, EDUCATION, AND EXTENSION FORMULA FUNDS | § 3418.4 Reporting requirement. | NIFA | Each recipient institution shall report to the Department of Agriculture by October 1 of each fiscal year, the following information related to stakeholder input and recommendations: (a) Actions taken to seek stakeholder input that encourages their participation; (b) A brief statement of the process used by the recipient institution to identify individuals and groups who are stakeholders and to collect input from them; and (c) A statement of how collected input was considered. | |||||||
| 7:7:15.1.13.2.11.0.1.5 | 7 | Agriculture | XXXIV | 3418 | PART 3418—STAKEHOLDER INPUT REQUIREMENTS FOR RECIPIENTS OF AGRICULTURAL RESEARCH, EDUCATION, AND EXTENSION FORMULA FUNDS | § 3418.5 Failure to comply and report. | NIFA | Formula funds may be withheld and redistributed if a recipient institution fails to either comply with § 3418.3 or report under § 3418.4. | |||||||
| 7:7:15.1.13.2.11.0.1.6 | 7 | Agriculture | XXXIV | 3418 | PART 3418—STAKEHOLDER INPUT REQUIREMENTS FOR RECIPIENTS OF AGRICULTURAL RESEARCH, EDUCATION, AND EXTENSION FORMULA FUNDS | § 3418.6 Prohibition. | NIFA | A recipient institution shall not require input from stakeholders as a condition of receiving the benefits of, or participating in, the agricultural research, education, or extension programs of the recipient institution. | |||||||
| 7:7:15.1.13.2.12.0.1.1 | 7 | Agriculture | XXXIV | 3419 | PART 3419—MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND EXTENSION CAPACITY FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING CENTRAL STATE UNIVERSITY, TUSKEGEE UNIVERSITY, AND WEST VIRGINIA STATE UNIVERSITY AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR AREAS | § 3419.1 Definitions. | NIFA | [65 FR 21631, Apr. 21, 2000, as amended at 83 FR 21849, May 11, 2018] | 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 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 U.S. 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. Non-Federal sources means funds made available by the State to the eligible institution either through direct appropriation or under any authority (other than authority to charge tuition and fees paid by students) provided by a State to an eligible institution to raise revenue, such as gift acceptance authority or user fees. Secretary means the Secretary of Agriculture and any other officer or employee of the Department of Agriculture to whom the authority involved may be delegated. State means the government of any one of the fifty States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Marianas, the Virgin Islands of… | ||||||
| 7:7:15.1.13.2.12.0.1.2 | 7 | Agriculture | XXXIV | 3419 | PART 3419—MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND EXTENSION CAPACITY FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING CENTRAL STATE UNIVERSITY, TUSKEGEE UNIVERSITY, AND WEST VIRGINIA STATE UNIVERSITY AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR AREAS | § 3419.2 Matching funds requirement. | NIFA | [65 FR 21631, Apr. 21, 2000, as amended at 83 FR 21849, May 11, 2018] | (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. (c) For fiscal year 2002 and each fiscal year thereafter, the matching funds shall equal not less than 50 percent of the formula funds to be distributed to the eligible institution. | ||||||
| 7:7:15.1.13.2.12.0.1.3 | 7 | Agriculture | XXXIV | 3419 | PART 3419—MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND EXTENSION CAPACITY FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING CENTRAL STATE UNIVERSITY, TUSKEGEE UNIVERSITY, AND WEST VIRGINIA STATE UNIVERSITY AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR AREAS | § 3419.3 Limited waiver authority. | NIFA | [Redesignated and revised at 83 FR 21849, May 11, 2018] | (a) 1890 land-grant institutions: The Secretary may waive the matching funds requirement in § 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 § 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. | ||||||
| 7:7:15.1.13.2.12.0.1.4 | 7 | Agriculture | XXXIV | 3419 | PART 3419—MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND EXTENSION CAPACITY FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING CENTRAL STATE UNIVERSITY, TUSKEGEE UNIVERSITY, AND WEST VIRGINIA STATE UNIVERSITY AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR AREAS | § 3419.4 Applications for waivers for both 1890 land-grant institutions and 1862 land-grant institutions in insular areas. | NIFA | [83 FR 21849, May 11, 2018] | Application for waivers for both 1890 land-grant institutions and 1862 land-grant 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. | ||||||
| 7:7:15.1.13.2.12.0.1.5 | 7 | Agriculture | XXXIV | 3419 | PART 3419—MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND EXTENSION CAPACITY FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING CENTRAL STATE UNIVERSITY, TUSKEGEE UNIVERSITY, AND WEST VIRGINIA STATE UNIVERSITY AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR AREAS | § 3419.5 Certification of matching funds. | NIFA | [65 FR 21631, Apr. 21, 2000, as amended at 83 FR 21850, May 11, 2018] | Prior to the distribution of capacity funds each fiscal year, each eligible institution must certify as to the availability of matching funds. Eligible institutions may revise their certification of matching funds through July 1 of the fiscal year in which funds are appropriated. | ||||||
| 7:7:15.1.13.2.12.0.1.6 | 7 | Agriculture | XXXIV | 3419 | PART 3419—MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND EXTENSION CAPACITY FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING CENTRAL STATE UNIVERSITY, TUSKEGEE UNIVERSITY, AND WEST VIRGINIA STATE UNIVERSITY AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR AREAS | § 3419.6 Use of matching funds. | NIFA | [83 FR 21850, May 11, 2018] | 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. | ||||||
| 7:7:15.1.13.2.12.0.1.7 | 7 | Agriculture | XXXIV | 3419 | PART 3419—MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND EXTENSION CAPACITY FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING CENTRAL STATE UNIVERSITY, TUSKEGEE UNIVERSITY, AND WEST VIRGINIA STATE UNIVERSITY AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR AREAS | § 3419.7 Reporting of matching funds. | NIFA | [83 FR 21850, May 11, 2018] | Institutions will report all capacity matching funds expended annually using Standard Form (SF) 425, in accordance with 7 CFR 3430.56(a). | ||||||
| 7:7:15.1.13.2.12.0.1.8 | 7 | Agriculture | XXXIV | 3419 | PART 3419—MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND EXTENSION CAPACITY FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING CENTRAL STATE UNIVERSITY, TUSKEGEE UNIVERSITY, AND WEST VIRGINIA STATE UNIVERSITY AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR AREAS | § 3419.8 Redistribution of funds. | NIFA | [Redesignated and revised at 83 FR 21850, May 11, 2018] | 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. | ||||||
| 7:7:15.1.13.2.13.1.1.1 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | A | Subpart A—General Information | § 3430.1 Applicability of regulations. | NIFA | [74 FR 45740, Sept. 4, 2009, as amended at 79 FR 76000, Dec. 19, 2014] | (a) General. This part provides agency specific regulations regarding the application for, and evaluation, award, and post-award administration of, National Institute of Food and Agriculture (NIFA) awards, and is supplementary to the USDA uniform assistance regulations at 2 CFR part 200, as applicable. These regulations apply to the following types of Federal assistance awards: Grants and cooperative agreements. (b) Competitive programs. This part applies to all agricultural research, education, and extension competitive and related programs for which NIFA has administrative or other authority, as well as any other Federal assistance program delegated to the NIFA Director . In cases where regulations of this part conflict with existing regulations of NIFA in Title 7 ( i.e., 7 CFR parts 3400 through 3499) of the Code of Federal Regulations, regulations of this part shall supersede. This part does not apply to the Small Business Innovation Research (SBIR) Program (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) (7 U.S.C. 3151a). (c) Noncompetitive programs. Subparts A, B, D, and E, as well as § 3430.35 of subpart C, apply to all noncompetitive agricultural research, education, and extension programs administered by NIFA, as well as any other Federal assistance program delegated to the NIFA Director. (d) Federal assistance programs administered on behalf of other agencies. Subparts A through E, as appropriate, apply to competitive and noncompetitive grants and cooperative agreements administered on behalf of other agencies of the Federal Government. Requirements specific to these Federal assistance programs will be included in the program solicitations or requests for applications (RFAs). (e) Federal assistance programs administered jointly with other agencies. Subparts A through E, as appropriate, apply to competitive and noncompetitive grants and coop… | ||||
| 7:7:15.1.13.2.13.1.1.2 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | A | Subpart A—General Information | § 3430.2 Definitions. | NIFA | [74 FR 45740, Sept. 4, 2009, as amended at 76 FR 4813, Jan. 27, 2011; 79 FR 76000, Dec. 19, 2014; 81 FR 6413, Feb. 8, 2016; 82 FR 21109, May 5, 2017] | As used in this part: 1862 Land-Grant Institution means an institution eligible to receive funds under the Act of July 2, 1862, as amended (7 U.S.C. 301, et seq. ). Unless otherwise stated for a specific program, this term includes a research foundation maintained by such an institution. 1890 Land-Grant Institution means one of those institutions eligible to receive funds under the Act of August 30, 1890, as amended (7 U.S.C. 321, et seq. ), including Tuskegee University and West Virginia State University. Unless otherwise stated for a specific program, this term includes a research foundation maintained by such an institution. 1994 Land-Grant Institution means one of those institutions as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994, as amended (7 U.S.C. 301 note). These institutions are commonly referred to as Tribal Colleges or Universities. Advisory Board means the National Agricultural Research, Extension, Education, and Economics Advisory Board (as established under section 1408 of NARETPA (7 U.S.C. 3123). Agricultural research means research in the food and agricultural sciences. Applied research means research that includes expansion of the findings of fundamental research to uncover practical ways in which new knowledge can be advanced to benefit individuals and society. Authorized Departmental Officer or ADO means the Secretary or any employee of the Department with delegated authority to issue or modify award instruments on behalf of the Secretary. Authorized Representative or AR means the President or Chief Executive Officer of the applicant organization or the official, designated by the President or Chief Executive Officer of the applicant organization, who has the authority to commit the resources of the organization to the project. Award means financial assistance that provides support or stimulation to accomplish a public purpose. Awards may be grants or cooperative agreements. Budget period means the interval of time (usually 12 mont… | ||||
| 7:7:15.1.13.2.13.1.1.3 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | A | Subpart A—General Information | § 3430.3 Deviations. | NIFA | Any request by the applicant or awardee for a waiver of or deviation from any provision of this part shall be submitted to the ADO identified in the agency specific requirements. NIFA shall review the request and notify the applicant/awardee, within 30 calendar days from the date of receipt of the deviation request, whether the request to deviate has been approved. If the deviation request is still under consideration at the end of 30 calendar days, NIFA shall inform the applicant/awardee in writing of the date when the applicant/awardee may expect the decision. | |||||
| 7:7:15.1.13.2.13.1.1.4 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | A | Subpart A—General Information | § 3430.4 Other Federal statutes and regulations that apply. | NIFA | [79 FR 76000, Dec. 19, 2014] | (a) The Office of Management and Budget (“OMB”) issued guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 on December 26, 2013. In 2 CFR 400.1, the Department adopted OMB's guidance in subparts A through F of 2 CFR part 200, as supplemented by 2 CFR part 400, as the Department's policies and procedures for uniform administrative requirements, cost principles, and audit requirements for federal awards. As a result, this regulation contains references to 2 CFR part 200 as it has regulatory effect for the Department's programs and activities.” (b) Several other Federal statutes and/or regulations apply to grant proposals considered for review or to research project grants awarded under this part. These include but are not limited to: 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards. 2 CFR part 180 and Part 417—OMB Guidelines to Agencies on Government-Wide Debarment and Suspension (Nonprocurement) and USDA Nonprocurement Debarment and Suspension 7 CFR part 1c—USDA Implementation of the Federal Policy for the Protection of Human Subjects. 7 CFR 1.1—USDA Implementation of Freedom of Information Act. 7 CFR part 3—USDA Implementation of OMB Circular A-129 Regarding Debt Collection. 7 CFR part 15, subpart A—USDA implementation of Title VI of the Civil Rights Act of 1964. 7 CFR part 3407—NIFA Procedures to Implement the National Environmental Policy Act; 29 U.S.C. 794 (section 504, Rehabilitation Act of 1973) and 7 CFR part 15B (USDA implementation of statute)—prohibiting discrimination based upon physical or mental handicap in Federally assisted programs; and 35 U.S.C. 200 et seq. —Bayh-Dole Act, controlling allocation of rights to inventions made by employees of small business firms and domestic nonprofit organizations, including universities, in Federally assisted programs (implementing regulations are contained in 37 CFR part 401). 2 CFR part 200—Uniform Ad… | ||||
| 7:7:15.1.13.2.13.10.1.1 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | J | Subpart J—Beginning Farmer and Rancher Development Program | § 3430.600 Applicability of regulations. | NIFA | 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). | |||||
| 7:7:15.1.13.2.13.10.1.10 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | J | Subpart J—Beginning Farmer and Rancher Development Program | § 3430.609 Other considerations. | NIFA | [74 FR 45970, Sept. 4, 2009, as amended at 76 FR 35323, June 17, 2011; 81 FR 6416, Feb. 8, 2016] | (a) Set aside. (1) Not less than 5 percent of the funds used to carry out this subsection for a fiscal year shall be used to support programs and services that address the needs of— (i) Limited resource beginning farmers or ranchers (see 3430.602); (ii) Socially disadvantaged farmers or ranchers (as defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)) who are beginning farmers or ranchers; and (iii) Farmworkers desiring to become farmers or ranchers. (2) Each fiscal year, NIFA shall set aside not less than 5 percent of the funds to support the standard BFRDP projects under this subpart to support programs and services that address the needs of veteran farmers and ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)). Recipients of these funds may coordinate with a recipient of an award under section 1680 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5933) in addressing the needs of veteran farmers and ranchers with disabilities. (b) Consecutive awards. An eligible recipient may receive a consecutive 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. | ||||
| 7:7:15.1.13.2.13.10.1.2 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | J | Subpart J—Beginning Farmer and Rancher Development Program | § 3430.601 Purpose. | NIFA | 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. | |||||
| 7:7:15.1.13.2.13.10.1.3 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | J | Subpart J—Beginning Farmer and Rancher Development Program | § 3430.602 Definitions. | NIFA | [74 FR 45970, Sept. 4, 2009, as amended at 76 FR 35323, June 17, 2011] | 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 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. Outcome-based reporting means reporting that includes an outcome statement with performance targets, necessary milestones, beneficiary engagement, key individuals, and verification. | ||||
| 7:7:15.1.13.2.13.10.1.4 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | J | Subpart J—Beginning Farmer and Rancher Development Program | § 3430.603 Eligibility. | NIFA | [74 FR 45970, Sept. 4, 2009, as amended at 81 FR 6415, Feb. 8, 2016] | 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 or 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. | ||||
| 7:7:15.1.13.2.13.10.1.5 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | J | Subpart J—Beginning Farmer and Rancher Development Program | § 3430.604 Project types and priorities. | NIFA | [74 FR 45970, Sept. 4, 2009, as amended at 76 FR 35323, June 17, 2011; 81 FR 6415, Feb. 8, 2016] | (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) Basic livestock, forest management, and crop farming practices; (2) Innovative farm, ranch, and private, nonindustrial forest land transfer strategies; (3) Entrepreneurship and business training; (4) Financial and risk management training (including the acquisition and management of agricultural credit); (5) Natural resource management and planning; (6) Diversification and marketing strategies; (7) Curriculum development; (8) Mentoring, apprenticeships, and internships; (9) Resources and referral; (10) Farm financial benchmarking; (11) Assisting beginning farmers or ranchers in acquiring land from retiring farmers and ranchers; (12) Agricultural rehabilitation and vocational training for veterans; (13) Farm safety and awareness; and (14) Other similar subject areas of use to beginning farmers or ranchers. (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) Tax management, including record keeping and tax form preparation. (20) Basic agricultural law. (21) Other similar subject areas of use to beginning farmers or ranchers. NIFA 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 NIFA 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… | ||||
| 7:7:15.1.13.2.13.10.1.6 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | J | Subpart J—Beginning Farmer and Rancher Development Program | § 3430.605 Funding restrictions. | NIFA | [74 FR 45970, Sept. 4, 2009, as amended at 81 FR 6415, Feb. 8, 2016] | (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 § 3430.54, 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. | ||||
| 7:7:15.1.13.2.13.10.1.7 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | J | Subpart J—Beginning Farmer and Rancher Development Program | § 3430.606 Matching requirements. | NIFA | (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. | |||||
| 7:7:15.1.13.2.13.10.1.8 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | J | Subpart J—Beginning Farmer and Rancher Development Program | § 3430.607 Stakeholder input. | NIFA | NIFA 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). | |||||
| 7:7:15.1.13.2.13.10.1.9 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | J | Subpart J—Beginning Farmer and Rancher Development Program | § 3430.608 Review criteria. | NIFA | [74 FR 45970, Sept. 4, 2009, as amended at 81 FR 6415, Feb. 8, 2016] | (a) Evaluation criteria. NIFA 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, NIFA shall give priority to partnerships and collaborations that are led by or include nongovernmental, and community-based organizations, and school-based agricultural educational organizations with expertise in new agricultural producer training and outreach. (c) Regional balance. In making awards under this subpart, NIFA shall, to the maximum extent practicable, ensure geographical diversity. | ||||
| 7:7:15.1.13.2.13.11.1.1 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | K | Subpart K—Biomass Research and Development Initiative | § 3430.700 Applicability of regulations. | NIFA | [76 FR 38549, July 1, 2011] | The regulations in this subpart apply to the Federal assistance awards made under the program authorized under section 9008 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108), as amended by section 9001 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246). | ||||
| 7:7:15.1.13.2.13.11.1.10 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | K | Subpart K—Biomass Research and Development Initiative | § 3430.709 Duration of awards. | NIFA | The term of a Federal assistance award made for a BRDI project shall not exceed 5 years. No-cost extensions of time beyond the maximum award terms will not be considered or granted. | |||||
| 7:7:15.1.13.2.13.11.1.2 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | K | Subpart K—Biomass Research and Development Initiative | § 3430.701 Purpose. | NIFA | [75 FR 33498, June 14, 2010, as amended at 76 FR 38549, July 1, 2011] | In carrying out the program, NIFA, in cooperation with the Department of Energy, is authorized to make competitive awards under section 9008(e) of FSRIA (7 U.S.C. 8108(e)) to develop: (a) Technologies and processes necessary for abundant commercial production of biofuels at prices competitive with fossil fuels; (b) High-value biobased products— (1) To enhance the economic viability of biofuels and power, (2) To serve as substitutes for petroleum-based feedstocks and products, and (3) To enhance the value of coproducts produced using the technologies and processes; and (c) A diversity of economically and environmentally sustainable domestic sources of renewable biomass for conversion to biofuels, bioenergy, and biobased products. | ||||
| 7:7:15.1.13.2.13.11.1.3 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | K | Subpart K—Biomass Research and Development Initiative | § 3430.702 Definitions. | NIFA | [75 FR 33498, June 14, 2010, as amended at 76 FR 38549, July 1, 2011] | The definitions specific to BRDI are from the authorizing legislation, the National Program Leadership of NIFA, and the Department of Energy. The definitions applicable to the program under this subpart include: Advanced Biofuel means fuel derived from renewable biomass other than corn kernel starch, including: (1) Biofuel derived from cellulose, hemicellulose, or lignin; (2) Biofuel derived from sugar and starch (other than ethanol derived from corn kernel starch); (3) Biofuel derived from waste material, including crop residue, other vegetative waste material, animal waste, food waste, and yard waste; (4) Diesel-equivalent fuel derived from renewable biomass, including algael oils, oil seed crops, re-claimed vegetable oils and animal fat; (5) Biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass; (6) Butanol or other alcohols produced through the conversion of organic matter from renewable biomass; and (7) Other fuel derived from cellulosic biomass. Advisory Committee means the Biomass Research and Development Technical Advisory Committee established by section 9008(d) of FSRIA (7 U.S.C. 8108(d)). Biobased Product means: (1) An industrial product (including chemicals, materials, and polymers) produced from biomass; or (2) A commercial or industrial product (including animal feed and electric power) derived in connection with the conversion of biomass to fuel. Bioenergy means power generated in the form of electricity or heat using biomass as a feedstock. Biofuel means a fuel derived from renewable biomass. Biomass Conversion Facility means a facility that converts or proposes to convert renewable biomass into: (1) Heat; (2) Power; (3) Biobased products; or (4) Advanced biofuels. Biorefinery means a facility (including equipment and processes) that— (1) Converts renewable biomass into biofuels and biobased products; and (2) May produce electricity. Board means the Biomass Research and Development Boar… | ||||
| 7:7:15.1.13.2.13.11.1.4 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | K | Subpart K—Biomass Research and Development Initiative | § 3430.703 Eligibility. | NIFA | To be eligible to receive an award under this subpart, the recipient shall be— (a) An institution of higher education (as defined in § 3430.702); (b) A National Laboratory; (c) A Federal research agency; (d) A State research agency; (e) A private sector entity (as defined in § 3430.702 of this part); (f) A nonprofit organization; or (g) A consortium of two or more entities listed in paragraphs (a) through (f) of this section. | |||||
| 7:7:15.1.13.2.13.11.1.5 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | K | Subpart K—Biomass Research and Development Initiative | § 3430.704 Project types and priorities. | NIFA | [75 FR 33498, June 14, 2010, as amended at 76 FR 38549, July 1, 2011] | (a) Technical Topic Areas. Biomass Research and Development Initiative (BRDI) awards shall be directed (in consultation with the Biomass Research and Development Board, the Administrator of the Environmental Protection Agency and heads of other appropriate departments and agencies) in the following three primary technical topic areas: (1) Feedstocks Development. Research, development, and demonstration activities regarding feedstocks and feedstock logistics (including the harvest, handling, transport, preprocessing, and storage) relevant to production of raw materials for conversion to biofuels and biobased products. (2) Biofuels and Biobased Products Development. Research, development, and demonstration activities to support— (i) The development of diverse cost-effective technologies for the use of cellulosic biomass in the production of biofuels and biobased products; and (ii) Product diversification through technologies relevant to production of a range of biobased products (including chemicals, animal feeds, and cogenerated power) that potentially can increase the feasibility of fuel production in a biorefinery. (3) Biofuels Development Analysis —(i) Strategic Guidance. The development of analysis that provides strategic guidance for the application of renewable biomass technologies to improve sustainability and environmental quality, cost effectiveness, security, and rural economic development. (ii) Energy and Environmental Impact. Development of systematic evaluations of the impact of expanded biofuel production on the environment (including forest land) and on the food supply for humans and animals, including the improvement and development of tools for life cycle analysis of current and potential biofuels. (iii) Assessment of Federal Land. Assessments of the potential of Federal land resources to increase the production of feedstocks for biofuels and biobased products, consistent with the integrity of soil and water resources and with other environmental considerations. (b) Additiona… | ||||
| 7:7:15.1.13.2.13.11.1.6 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | K | Subpart K—Biomass Research and Development Initiative | § 3430.705 Funding restrictions. | NIFA | [76 FR 38549, July 1, 2011] | (a) Facility costs. Funds made available under this subpart shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement, and architect fees). (b) Indirect costs. Subject to § 3430.54, indirect costs are allowable for Federal assistance awards made by NIFA. (c) Minimum allocations. After consultation with the Board, NIFA in cooperation with DOE, shall require that each of the three technical topic areas described in § 3430.704(a) receives not less than 15 percent of funds made available to carry out BRDI. | ||||
| 7:7:15.1.13.2.13.11.1.7 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | K | Subpart K—Biomass Research and Development Initiative | § 3430.706 Matching requirements. | NIFA | [75 FR 33498, June 14, 2010, as amended at 76 FR 38549, July 1, 2011] | (a) Requirement for Research and/or Development Projects. The non-Federal share of the cost of a research or development project under BRDI shall be not less than 20 percent. NIFA may reduce the non-Federal share of a research or development project if the reduction is determined to be necessary and appropriate. (b) Requirement for Demonstration and Commercial Projects. The non-Federal share of the cost of a demonstration or commercial project under BRDI shall be not less than 50 percent. (c) Indirect costs. Use of indirect costs as in-kind matching contributions is subject to § 3430.52 of this part. | ||||
| 7:7:15.1.13.2.13.11.1.8 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | K | Subpart K—Biomass Research and Development Initiative | § 3430.707 Administrative duties. | NIFA | [75 FR 33498, June 14, 2010, as amended at 76 FR 38549, July 1, 2011] | (a) After consultation with the Board, NIFA, in cooperation with DOE, shall: (1) Publish annually one or more joint requests for proposals for Federal assistance under BRDI; and (2) Require that Federal assistance under BRDI be awarded based on a scientific peer review by an independent panel of scientific and technical peers. (b) NIFA, in cooperation with DOE, shall ensure that applicable research results and technologies from the BRDI are: (1) Adapted, made available, and disseminated, as appropriate; and (2) Included in the best practices database established under section 1672C(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925e(e)). | ||||
| 7:7:15.1.13.2.13.11.1.9 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | K | Subpart K—Biomass Research and Development Initiative | § 3430.708 Review criteria. | NIFA | [75 FR 33498, June 14, 2010, as amended at 76 FR 38549, July 1, 2011] | (a) General. BRDI peer reviews of applications are conducted in accordance with requirements found in section 9008 of FSRIA (7 U.S.C. 8108); section 103 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7613); and regulations found in title 7 of the Code of Federal Regulations, sections 3430.31 through 3430.37. (b) Additional Considerations. Special consideration will be given to applications that— (1) Involve a consortium of experts from multiple institutions; (2) Encourage the integration of disciplines and application of the best technical resources; and (3) Increase the geographic diversity of demonstration projects. | ||||
| 7:7:15.1.13.2.13.12.1.1 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | L | Subpart L—Capacity Building Grants for Non-Land Grant Colleges of Agriculture Program | § 3430.800 Applicability. | NIFA | The regulations in this subpart apply to the program authorized under section 1473F of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (NARETPA), as added by section 7138 of the Food, Conservation, and Energy Act of 2008, (7 U.S.C. 3319i). | |||||
| 7:7:15.1.13.2.13.12.1.2 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | L | Subpart L—Capacity Building Grants for Non-Land Grant Colleges of Agriculture Program | § 3430.801 Purpose. | NIFA | The purpose of this program is to make competitive grants to Non Land Grant Colleges of Agriculture (NLGCA) Institutions to assist the NLGCA Institutions in maintaining and expanding the capacity to conduct education, research, and outreach activities relating to agriculture, renewable resources, and other similar disciplines. | |||||
| 7:7:15.1.13.2.13.12.1.3 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | L | Subpart L—Capacity Building Grants for Non-Land Grant Colleges of Agriculture Program | § 3430.802 Definitions. | NIFA | The definitions applicable to the program under this subpart include: Capacity building means enhancing and strengthening the quality and depth of an institution's research and academic programs as evidenced by its: faculty expertise, scientific and technical resources, research environment, curriculum, student experiential learning opportunities, scientific instrumentation, library resources, academic standing and racial, ethnic, or gender diversity of its faculty and student body, faculty and student recruitment and retention programs, and organizational structures and reward systems for attracting and retaining first-rate research and teaching faculty or students. Citizen or national of the United States means: (1) A citizen or native resident of a State; or, (2) A person defined in the Immigration and Nationality Act, 8 U.S.C. 1101(a) (22), who, though not a citizen of the United States, owes permanent allegiance to the United States. Eligible participant means an individual who is a citizen or national of the United States as defined in this section. Food and agricultural sciences means basic, applied, and developmental research, extension, and teaching activities in food and fiber, agricultural, renewable energy and natural resources, forestry, and physical and social sciences, including activities relating to the following: (1) Animal health, production, and well-being. (2) Plant health and production. (c) Animal and plant germ plasm collection and preservation. (3) Aquaculture. (4) Food safety. (5) Soil, water, and related resource conservation and improvement. (6) Forestry, horticulture, and range management. (7) Nutritional sciences and promotion. (8) Farm enhancement, including financial management, input efficiency, and profitability. (9) Home economics (Family and Consumer Sciences). (10) Rural human ecology. (11) Youth development and agricultural education, including 4-H clubs. (12) Expansion of domestic and international markets for agricultural commodities and products, inc… | |||||
| 7:7:15.1.13.2.13.12.1.4 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | L | Subpart L—Capacity Building Grants for Non-Land Grant Colleges of Agriculture Program | § 3430.803 Eligibility. | NIFA | (a) Institution eligibility. Applications may only be submitted by a NLGCA institution. For the purposes of this program, the individual branches of a State college or university that are separately accredited as degree-granting institutions are treated as separate institutions, and are therefore eligible to apply for NLGCA Program awards. Separate branches or campuses of a college or university that are not individually accredited as degree-granting institutions are not treated as separate institutions, and are therefore not eligible to submit an application. Accreditation must be conferred by an agency or association recognized by the Secretary of the U.S. Department of Education. (b) Teacher or student eligibility. A teacher or student recipient receiving Federal funds from this grants program must be an eligible participant. Where eligibility is claimed under 8 U.S.C. 1101(a)(22), documentary evidence from the Immigration and Naturalization Service as to such eligibility must be made available to NIFA upon request. | |||||
| 7:7:15.1.13.2.13.12.1.5 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | L | Subpart L—Capacity Building Grants for Non-Land Grant Colleges of Agriculture Program | § 3430.804 Project types and priorities. | NIFA | (a) For each RFA, NIFA may develop and include the appropriate project types and focus areas based on the critical needs identified through stakeholder input and deemed appropriate by NIFA. (b) The RFA will specify which of the following project types applicants may submit applications: (1) Regular project proposal (the applicant executes the project without the requirement of sharing grant funds with other project partners); (2) Conference/planning grant to facilitate strategic planning session(s); (3) Joint project proposal (the applicant executes the project with assistance from at least one additional partner and must share grant funds with the additional partner(s)); and (4) Large-scale (state or region) comprehensive initiatives (LCI) (Applicant + Two or more Partners). | |||||
| 7:7:15.1.13.2.13.12.1.6 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | L | Subpart L—Capacity Building Grants for Non-Land Grant Colleges of Agriculture Program | § 3430.805 Funding restrictions. | NIFA | (a) Prohibition against construction. Grant funds awarded under this authority may not be used for the renovation or refurbishment of research, education, or extension space; the purchase or installation of fixed equipment in such space; or the planning, repair, rehabilitation, acquisition, or construction of buildings or facilities. (b) Prohibition on tuition remission. Tuition remission, on-campus room and board, academic fees or other financial assistance (scholarships or fellowships) are not allowed. (c) Promotional items ( e.g., T-shirts and other giveaways) and food functions ( e.g., cookouts or other social or meal gatherings) are considered `entertainment' expenses, and are, therefore, also not allowed under this grants program. | |||||
| 7:7:15.1.13.2.13.12.1.7 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | L | Subpart L—Capacity Building Grants for Non-Land Grant Colleges of Agriculture Program | § 3430.806 Matching requirements. | NIFA | There are no matching requirements for grants under this subpart. | |||||
| 7:7:15.1.13.2.13.12.1.8 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | L | Subpart L—Capacity Building Grants for Non-Land Grant Colleges of Agriculture Program | § 3430.807 Duration of grant. | NIFA | The term of a Federal assistance award made for a NLGCA project shall not exceed 5 years. No-cost extensions of time beyond the maximum award terms will not be considered or granted. | |||||
| 7:7:15.1.13.2.13.13.1.1 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | M | Subpart M—New Era Rural Technology Competitive Grants Program | § 3430.900 Applicability of regulations. | NIFA | The regulations in this subpart apply to the program authorized under section 1473E of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319e), as amended. | |||||
| 7:7:15.1.13.2.13.13.1.10 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | M | Subpart M—New Era Rural Technology Competitive Grants Program | § 3430.909 Other considerations. | NIFA | (a) Amount of grants. An applicant for a regular project proposal (single institution/organization) under this subpart may request up to $125,000 (total project, not per year). An applicant for a joint project proposal (applicant plus one or more partners) under this subpart may request up to $300,000 (total project, not per year). A conference/planning grant applicant may request up to $10,000 (total project/not per year). (b) Duration of grants. The term of a grant for a standard RTP project under this subpart shall not exceed 5 years. No-cost extensions of time beyond the maximum award terms will not be considered or granted. | |||||
| 7:7:15.1.13.2.13.13.1.2 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | M | Subpart M—New Era Rural Technology Competitive Grants Program | § 3430.901 Purpose. | NIFA | The purpose of this program is to make grants available for technology development, applied research, and training, with a focus on rural communities, to aid in the development of workforces for bioenergy, pulp and paper manufacturing, and agriculture-based renewable energy workforce. | |||||
| 7:7:15.1.13.2.13.13.1.3 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | M | Subpart M—New Era Rural Technology Competitive Grants Program | § 3430.902 Definitions. | NIFA | [74 FR 45973, Sept. 4, 2009, as amended at 75 FR 59060, Sept. 27, 2010] | The definitions applicable to the program under this subpart include: Advanced Technological Center refers to a post-secondary, degree-granting institution that provides students with technology-based education and training, preparing them to work as technicians or at the semi-professional level, and aiding in the development of an agriculture-based renewable energy workforce. For this program, such Centers must be located within a rural area. Bioenergy means biomass used in the production of energy (electricity; liquid, solid, and gaseous fuels; and heat). Biomass means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials. Community College means (1) An institution of higher education that: (i) Admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; (ii) Does not provide an educational program for which the institution awards a bachelor's degree (or an equivalent degree); and (iii) (A) Provides an educational program of not less than 2 years in duration that is acceptable for full credit toward such a degree; or (B) Offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semi-professional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge (20 U.S.C. 1101a(a)(6)). (2) For this grants program, such Community Colleges must be located within a rural area. Conference/Planning Grants means the limited number of RTP grants that will fund strategic planning meetings necessary to establish and organi… | ||||
| 7:7:15.1.13.2.13.13.1.4 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | M | Subpart M—New Era Rural Technology Competitive Grants Program | § 3430.903 Eligibility. | NIFA | Applications may be submitted by either: (a) Public or private nonprofit community colleges, or (b) Advanced technological centers, either of which must: (1) Be located in a rural area ( see definition in § 3430.902); (2) Have been in existence as of June 18, 2008; (3) Participate in agricultural or bioenergy research and applied research; (4) Have a proven record of development and implementation of programs to meet the needs of students, educators, and business and industry to supply the agriculture-based, renewable energy or pulp and paper manufacturing fields with certified technicians, as determined by the Secretary; and (5) Have the ability to leverage existing partnerships and occupational outreach and training programs for secondary schools, 4-year institutions, and relevant nonprofit organizations. | |||||
| 7:7:15.1.13.2.13.13.1.5 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | M | Subpart M—New Era Rural Technology Competitive Grants Program | § 3430.904 Project types and priorities. | NIFA | For each RFA, NIFA may develop and include the appropriate project types and focus areas based on the critical needs identified through stakeholder input and deemed appropriate by NIFA. (a) In addition, priority in funding shall be given to eligible entities working in partnerships to: (1) Improve information-sharing capacity; (2) Maximize the ability to meet the requirements of the RFA; and (3) To address the following two RTP goals: (i) To increase the number of students encouraged to pursue and complete a 2-year postsecondary degree, or a certificate of completion, within an occupational focus of this grant program; and (ii) To assist rural communities by helping students achieve their career goals to develop a viable workforce for bioenergy, pulp and paper manufacturing, or agriculture-based renewable energy. (b) Applicants may submit applications for one of the three project types: (1) Regular project proposal (the applicant executes the project without the requirement of sharing grant funds with other project partners); (2) Joint project proposal (the applicant executes the project with assistance from at least one additional partner and must share grant funds with the additional partner(s)); and (3) Conference/planning grant to facilitate strategic planning session(s). | |||||
| 7:7:15.1.13.2.13.13.1.6 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | M | Subpart M—New Era Rural Technology Competitive Grants Program | § 3430.905 Funding restrictions. | NIFA | (a) Prohibition against construction. Grant funds awarded under this authority may not be used for the renovation or refurbishment of research, education, or extension space; the purchase or installation of fixed equipment in such space; or the planning, repair, rehabilitation, acquisition, or construction of buildings or facilities. (b) Prohibition on tuition remission. Tuition remission (e.g., scholarships, fellowships) is not allowed. (c) Indirect costs. Subject to § 3430.54, indirect costs are allowable with the exception of indirect costs for Conference/Planning grants, which are not allowed. | |||||
| 7:7:15.1.13.2.13.13.1.7 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | M | Subpart M—New Era Rural Technology Competitive Grants Program | § 3430.906 Matching requirements. | NIFA | There are no matching requirements for grants under this subpart. | |||||
| 7:7:15.1.13.2.13.13.1.8 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | M | Subpart M—New Era Rural Technology Competitive Grants Program | § 3430.907 Stakeholder input. | NIFA | NIFA shall seek and obtain stakeholder input through a variety of forums (e.g., public meetings, requests for input and/or Web site), as well as through a notice in the Federal Register, from the following entities: (a) Community college(s). (b) Advanced technological center(s), located in rural area, for technology development, applied research, and/or training. | |||||
| 7:7:15.1.13.2.13.13.1.9 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | M | Subpart M—New Era Rural Technology Competitive Grants Program | § 3430.908 Review criteria. | NIFA | Evaluation criteria. NIFA shall evaluate project proposals according to the following factors: (a) Potential for Advancing Quality of Technology Development, Applied Research, and/or Training/Significance of the Program. (b) Proposed Approach and Cooperative Linkages. (c) Institution Organization Capability and Capacity Building. (d) Key Personnel. (e) Budget and Cost-Effectiveness. | |||||
| 7:7:15.1.13.2.13.15.1.1 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | O | Subpart O—Sun Grant Program | § 3430.1000 Applicability of regulations. | NIFA | The regulations in this subpart apply to the Federal assistance awards made under the program authorized under section 7526 of the Food, Conservation, and Energy Act of 2008 (FCEA), Pub. L. 110-246 (7 U.S.C. 8114). | |||||
| 7:7:15.1.13.2.13.15.1.10 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | O | Subpart O—Sun Grant Program | § 3430.1009 Administrative duties. | NIFA | In addition to other reporting requirements agreed to in the terms and conditions of each award, not later than 90 days after the end of each Federal fiscal year, each Center and Subcenter shall submit to NIFA a report that describes the policies, priorities, and operations of the program carried out by the Center or Subcenter during the fiscal year, including the results of all peer and merit review procedures conducted as part of administering the regional competitive research, extension, and educational grant programs; and a description of progress made in facilitating the plan described in § 3430.1007. | |||||
| 7:7:15.1.13.2.13.15.1.11 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | O | Subpart O—Sun Grant Program | § 3430.1010 Review criteria. | NIFA | Panel reviewers conducting merit reviews on proposals submitted by the Centers will be instructed to ensure that proposals adequately address the plan developed in accordance with § 3430.1007 for consideration of the relevance and merit of proposals. | |||||
| 7:7:15.1.13.2.13.15.1.12 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | O | Subpart O—Sun Grant Program | § 3430.1011 Duration of awards. | NIFA | The term of a Federal assistance award made under the Sun Grant Program shall not exceed 5 years. No-cost extensions of time beyond the maximum award terms will not be considered or granted. | |||||
| 7:7:15.1.13.2.13.15.1.2 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | O | Subpart O—Sun Grant Program | § 3430.1001 Purpose. | NIFA | [75 FR 70580, Nov. 18, 2010, as amended at 81 FR 6418, Feb. 8, 2016] | In carrying out the program, NIFA is authorized to make awards under section 7526 of the FCEA to eligible entities (as designated in section 7526(b)(1)(A)-(F) of the FCEA) to fund subgrants and activities that: (a) Enhance national energy security through the development, distribution, and implementation of biobased energy technologies; (b) Promote diversification in, and the environmental sustainability of, agricultural production in the United States through biobased energy and product technologies; (c) Promote economic diversification in rural areas of the United States through biobased energy and product technologies; and (d) Enhance the efficiency of bioenergy and biomass research and development programs through improved coordination and collaboration among the Department, other appropriate Federal agencies (as determined by the Secretary), and land-grant colleges and universities. | ||||
| 7:7:15.1.13.2.13.15.1.3 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | O | Subpart O—Sun Grant Program | § 3430.1002 Definitions. | NIFA | [75 FR 70580, Nov. 18, 2010, as amended at 81 FR 6418, Feb. 8, 2016] | The definitions specific to the Sun Grant Program are from the authorizing legislation, the National Program Leadership of NIFA, and the Department of Energy. The definitions applicable to the program under this subpart include: Biobased product means: (1) An industrial product (including chemicals, materials, and polymers) produced from biomass; or (2) A commercial or industrial product (including animal feed and electric power) derived in connection with the conversion of biomass to fuel. Bioenergy means power generated in the form of electricity or heat using biomass as a feedstock. Center means a Sun Grant Center identified in § 3430.1003(a)(1) through (5). Subcenter means the Sun Grant Subcenter identified in § 3430.1003(a)(6). Technology development means the process of research and development of technology. Technology implementation means the introduction of new technologies to either an existing organization, or to a larger community, such as a type of business. | ||||
| 7:7:15.1.13.2.13.15.1.4 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | O | Subpart O—Sun Grant Program | § 3430.1003 Eligibility. | NIFA | [75 FR 70580, Nov. 18, 2010, at 81 FR 6418, Feb. 8, 2016] | (a) Sun Grant Centers and Subcenter. NIFA will use amounts appropriated for the Sun Grant Program to provide grants to the following five Centers and one Subcenter: (1) A North-Central Center for the region composed of the States of Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming; (2) A Southeastern Center for the region composed of the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands; (3) A South-Central Center for the region composed of the States of Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas; (4) A Northeastern Center for the region composed of the States of Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia; (5) A Western Center for the region composed of the States of Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, and Washington, and insular areas (other than the Commonwealth of Puerto Rico and the United States Virgin Islands); and (6) A Western Insular Pacific Subcenter (that receives Federal funds through the Western Center rather than directly from NIFA, in accordance with § 3430.1004(b)) for the region of Alaska, Hawaii, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (b) Subawardees of the Centers and Subcenter. To be eligible for a subaward from a Center or Subcenter pursuant to § 3430.1004(a)(1), an applicant: (1) Must be located in the region covered by the applicable Center or Subcenter; and (2) Must be one of the following: (i) State agricultural experiment station; (ii) College or university; (iii) University research foundation; (iv) Other research institution or organization; (v) Federal agency; … | ||||
| 7:7:15.1.13.2.13.15.1.5 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | O | Subpart O—Sun Grant Program | § 3430.1004 Project types and priorities. | NIFA | [75 FR 70580, Nov. 18, 2010, as amended at 81 FR 6418, Feb. 8, 2016] | (a) Project types. The Sun Grant Program provides funds for two distinct project types. Subject to paragraph (b), of the funds provided by NIFA to the Centers and Subcenter, the required use of funds by each of the Centers and the Subcenter is as follows: (1) Regional competitive research, extension, and education grant programs. Seventy-five percent must be used for regional competitively awarded research, extension, and education subgrants to eligible entities (described in § 3430.1003(b)) to conduct, in a manner consistent with the purposes described in § 3430.1001, multi-institutional and integrated, multistate research, extension, and education programs on technology development and technology implementation. Regional competitive grants programs will target specific elements of the purposes described in § 3430.1001, implementing national priorities in the context of regional scale biogeographic and climatic conditions. (i) Requests for applications. The Centers and Subcenter must develop regional requests for applications (RFAs) utilizing guidance from regional advisory panels created and administered by the Centers and Subcenter for purposes of addressing region-specific issues, and which include representation from academia, the national laboratories, Federal and State agencies, the private sector, and public interest groups. Advisory panel members will have appropriate expertise and experience in the areas of biomass and bioenergy. (ii) Peer review of proposals. Each region will announce RFAs and solicit proposals. These proposals must be peer reviewed by panels in a manner similar to the system of peer review required by section 103 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7613), and may include representation from Federal and State laboratories, the national laboratories, and private and public interest groups, as appropriate. The Centers and Subcenter may use implementing regulations found in §§ 3430.31 through 3430.37 as a guideline for appropriate… | ||||
| 7:7:15.1.13.2.13.15.1.6 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | O | Subpart O—Sun Grant Program | § 3430.1005 Funding restrictions. | NIFA | [75 FR 70580, Nov. 18, 2010, as amended at 81 FR 6418, Feb. 8, 2016] | (a) Facility costs. Funds made available under the Sun Grant Program shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement, and architect fees). (b) Indirect cost provisions for regional competitive research, extension, and education grant programs. Funds provided by NIFA to the Centers and Subcenter for the regional competitive grants program under § 3430.1004(a)(1) may not be used for the indirect costs of awarding the competitive grants. However, up to 4 percent of the total funds provided by NIFA to the Centers and the Subcenter under § 3430.1004 for the Sun Grant Program may be budgeted for administrative costs incurred in awarding the competitive grants. (c) Indirect cost provisions for research, extension, and education activities conducted at the Centers and Subcenter. Subject to § 3430.54, indirect costs are allowable for the funds provided by NIFA to the Centers and the Subcenter for the research, extension, and education programs under § 3430.1004(a)(2). (d) Required allocations. Each Center and Subcenter must fund subgrants in a proportion that is a minimum 30 percent for conducting multi-institutional and multistate research, extension, and education programs on technology development; and a minimum 30 percent for conducting integrated multi-institutional and multistate research, extension, and education programs on technology implementation. Each Sun Grant Center must clearly demonstrate a common procedure for ensuring the required allocations are met, and for maintaining documentation of these required percentages for audit purposes. | ||||
| 7:7:15.1.13.2.13.15.1.7 | 7 | Agriculture | XXXIV | 3430 | PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROVISIONS | O | Subpart O—Sun Grant Program | § 3430.1006 Matching requirements. | NIFA | (a) Matching provisions for the Centers and Subcenter. The Centers and the Subcenter are not required to match Federal funds. (b) Matching provisions for subawards. For subawards made by the Centers or Subcenter through the competitive grants process, not less than 20 percent of the cost of an activity must be matched with funds, including in-kind contributions, from a non-Federal source, by the subawardee. (1) Exception for fundamental research. This matching requirement does not apply to fundamental research (as defined in § 3430.2). (2) Special matching provisions for applied research. With prior approval by the NIFA authorized departmental officer (ADO), the Center or Subcenter may reduce or eliminate the matching requirement for applied research (as defined in § 3430.2) if the Center or Subcenter determines that the reduction is necessary and appropriate pursuant to guidance issued by NIFA. |
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