Rule2024-23512
Technical Assistance Grants
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 11, 2024
Effective
October 11, 2024
Issuing agencies
Agriculture DepartmentRural Utilities Service
Abstract
The Rural Utilities Services (RUS or Agency), an agency in the United States Department of Agriculture (USDA) Rural Development (RD) Mission area, is issuing a final rule to update the Water and Environmental Programs' (WEP) Technical Assistance Grants regulation by updating the audit and financial statement language to align with the Office of Management and Budgets (OMB) 2024 revisions.
Full Text
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<title>Federal Register, Volume 89 Issue 198 (Friday, October 11, 2024)</title>
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[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82482-82484]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23512]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1775
[Docket Number: RUS-24-WATER-0031]
Technical Assistance Grants
AGENCY: Rural Utilities Service, USDA.
ACTION: Final rule.
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SUMMARY: The Rural Utilities Services (RUS or Agency), an agency in the
United States Department of Agriculture (USDA) Rural Development (RD)
Mission area, is issuing a final rule to update the Water and
Environmental Programs' (WEP) Technical Assistance Grants regulation by
updating the audit and financial statement language to align with the
Office of Management and Budgets (OMB) 2024 revisions.
DATES: Effective date: October 11, 2024.
FOR FURTHER INFORMATION CONTACT: Michele Brooks, Assistant
Administrator, Water and Environmental Programs, United States
Department of Agriculture, 1400 Independence Avenue SW, Stop 1548, Room
4121-South Building, Washington, DC 20250-1548. Telephone: (202) 692-
0308. Email: <a href="/cdn-cgi/l/email-protection#2b464248434e474e054959444440586b5e584f4a054c445d"><span class="__cf_email__" data-cfemail="a1ccc8c2c9c4cdc48fc3d3cececad2e1d4d2c5c08fc6ced7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
RD is a mission area within USDA comprised of the RUS, the Rural
Business-Cooperative Service and Rural Housing Service that strives to
increase economic opportunity and improve the quality of life for all
rural Americans. RD invests in rural America with loan, grant, and loan
guarantee programs to help drive economic security and prosperity.
Rural communities obtain the technical assistance and financing
necessary to develop drinking water and waste disposal systems through
RUS WEP. Safe drinking water and sanitary waste disposal systems are
vital not only to public health, but also to the economic vitality of
rural America. RD is a leader in helping rural America improve the
quality of life and increase the economic opportunities for rural
people.
OMB revised several parts of OMB Guidance for Grants and Agreements
which is now called OMB Guidance for Federal Financial Assistance and
is located in title 2 of the Code of Federal Regulations. The revisions
were published in the Federal Register on April 22, 2024, at 89 FR
30046. The revisions must be implemented by October 1, 2024, but can be
implemented any time after June 21, 2024. This final rule is being
published as a technical/administrative correction to ensure the
Agency's audit and financial statement requirements align with the OMB
revisions made to 2 CFR part 200.
II. Summary of Changes
Section 1775.21(a) and (b) were updated to remove the $750,000
monetary amount in order to reference the current Single Audit
threshold and to amend the audit submission deadline. The audit
submission requirement was updated to be thirty (30) calendar days
after the auditee receives the auditor's report or nine (9) months
after the end of the grantee's fiscal year, whichever is earlier. These
changes were made to align with the updates to 2 CFR part 200.
III. Executive Orders
Executive Order 12866--Classification
This final rule is exempt from OMB review for purposes of Executive
Order 12866 and, therefore, has not been reviewed by OMB.
Congressional Review Act
This rule is not subject to the Congressional Review Act (``CRA'')
(5 U.S.C. 801 et seq.), as the CRA provides an exemption for any rule
relating to agency management or personnel and for rules relating to
agency organization, procedure, or practice that does not substantially
affect the rights or obligations of non-agency parties.
Assistance Listing Number (Formally Known as the Catalog of Federal
Domestic Assistance)
The Assistance Listing Numbers assigned to the programs affected by
this final rule are 10.761--Technical Assistance and Training Grants
and 10.762--Solid Waste Management Systems Grants. The Assistance
Listings are available at <a href="http://SAM.gov">SAM.gov</a>.
Executive Order 12372--Intergovernmental Consultation
The Assistance Listing Numbers are 10.761 and 10.762 for these
programs and are subject to the provisions of Executive Order 12372
which requires
[[Page 82483]]
intergovernmental consultation with State and local officials
Paperwork Reduction Act
This final rule contains no reporting or recordkeeping provisions
under OMB Control Number 0572-0112 requiring OMB approval under the
Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).
National Environmental Policy Act
In accordance with the National Environmental Policy Act of 1969,
Public Law 91-190, this final rule has been reviewed in accordance with
7 CFR part 1970 (``Environmental Policies and Procedures''). The Agency
has determined that: (i) This action meets the criteria established in
7 CFR 1970.53(f); (ii) No extraordinary circumstances exist; and (iii)
The action is not ``connected'' to other actions with potentially
significant impacts, is not considered a ``cumulative action'' and is
not precluded by 40 CFR 1506.1. Therefore, the Agency has determined
that the action does not have a significant effect on the human
environment, and therefore neither an Environmental Assessment nor an
Environmental Impact Statement is required.
Regulatory Flexibility Act Certification
RUS certifies that this rule will not have a significant economic
impact on a substantial number of small entities, as defined in the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The RUS Water and
Waste loan and grant programs provide loans to borrowers at interest
rates and terms that are more favorable than those generally available
from the private sector. RUS borrowers, as a result of obtaining
Federal financing, receive economic benefits that exceed any direct
economic costs associated with complying with RUS regulations and
requirements.
Administrative Pay-As-You-Go-Act of 2023
Section 270 of the Administrative Pay-As-You-Go-Act of 2023 (Pub.
L. 118-5, div. B, title III, 137 Stat 31) amended 5 U.S.C. 801(a)(2)(A)
to require U.S. Government Accountability Office (GAO) to assess agency
compliance with the Act, which establishes requirements for
administrative actions that affect direct spending, in GAO's major rule
reports. The Act does not apply to this rule because it does not
increase direct spending.
Executive Order 12988--Civil Justice Reform
This rule has been reviewed under Executive Order 12988. In
accordance with this rule: (1) unless otherwise specifically provided,
all State and local laws that conflict with this rule will be
preempted; (2) no retroactive effect will be given to this rule except
as specifically prescribed in the rule; and (3) administrative
proceedings of the National Appeals Division of the Department of
Agriculture (7 CFR part 11) must be exhausted before bringing suit in
court that challenges action taken under this rule.
Unfunded Mandates Reform Act
This final rule contains no Federal Mandates (under the regulatory
provision of title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. chapter 25) for State, local, and Tribal governments, or the
private sector. Thus, this final rule is not subject to the
requirements of sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995.
Executive Order 13132--Federalism
The policies contained in this rule do not have any substantial
direct effect on States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
rule impose substantial direct compliance costs on State and local
governments. Therefore, consultation with the States is not required.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
This Executive order imposes requirements on RUS in the development
of regulatory policies that have Tribal implications or preempt Tribal
laws. The Agency has determined that the final rule does not have a
substantial direct effect on one or more Indian tribe(s) or on either
the relationship or the distribution of powers and responsibilities
between the Federal Government and Indian tribes. Thus, this final rule
is not subject to the requirements of Executive Order 13175. If Tribal
leaders are interested in consulting with the Agencies on this final
rule, they are encouraged to contact USDA's Office of Tribal Relations
or RD's Native American Coordinator at: <a href="/cdn-cgi/l/email-protection#0c4d454d424c797f686d226b637a"><span class="__cf_email__" data-cfemail="acede5ede2ecd9dfc8cd82cbc3da">[email protected]</span></a> to request such a
consultation.
E-Government Act Compliance
RD is committed to the E-Government Act, which requires Government
agencies in general to provide the public the option of submitting
information or transacting business electronically to the maximum
extent possible and to promote the use of the internet and other
information technologies to provide increased opportunities for citizen
access to Government information and services, and for other purposes.
Civil Rights Impact Analysis
RD has reviewed this final rule in accordance with USDA Regulation
4300-4, Civil Rights Impact Analysis, to identify any major civil
rights impacts the rule might have on program participants on the basis
of age, race, color, national origin, sex, disability, marital or
familial status. Based on the review and analysis of the rule and all
available data, issuance of this final rule is not likely to negatively
impact low and moderate-income populations, minority populations,
women, Indian tribes or persons with disability, by virtue of their
age, race, color, national origin, sex, disability, or marital or
familial status. No major civil rights impact is likely to result from
this final rule.
USDA Non-Discrimination Statement
In accordance with Federal civil rights laws and USDA civil rights
regulations and policies, the USDA, its Mission Areas, agencies, staff
offices, employees, and institutions participating in or administering
USDA programs are prohibited from discriminating based on race, color,
national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; or the 711 Relay
Service.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at www.usda.gov/sites/default/files/
[[Page 82484]]
documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992,
or by writing a letter addressed to USDA. The letter must contain the
complainant's name, address, telephone number, and a written
description of the alleged discriminatory action in sufficient detail
to inform the Assistant Secretary for Civil Rights (ASCR) about the
nature and date of an alleged civil rights violation. The completed AD-
3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#6434160b031605094a2d0a10050f0124111700054a030b12"><span class="__cf_email__" data-cfemail="6434160b031605094a2d0a10050f0124111700054a030b12">[email protected]</span></a>.
List of Subjects in 7 CFR Part 1775
Business and industry, Community development, Community facilities,
Grant programs--housing and community development, Reporting and
recordkeeping requirements, Rural areas, Waste treatment and disposal,
Water supply, Watersheds.
Accordingly, for the reasons set forth in the preamble, the Agency
amends 7 CFR part 1775 as follows:
PART 1775--TECHNICAL ASSISTANCE GRANTS
0
1. The authority citation for part 1775 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
Subpart B--Grant Application Processing
0
2. Amend Sec. 1775.21 by revising paragraphs (a) and (b) to read as
follows:
Sec. 1775.21 Audit or financial statements.
* * * * *
(a) In accordance with subpart F of 2 CFR part 200, as adopted by
USDA through 2 CFR part 400, grantees expending Federal funds each
fiscal year equal to or greater than the current Single Audit threshold
will submit an audit. The audit will be submitted within 30 calendar
days after the auditee receives the auditor's report or 9 months after
the end of the grantee's fiscal year, whichever is earlier.
(b) Grantees expending less than the current Single Audit dollar
threshold will provide annual financial statements covering the grant
period, consisting of the organization's statement of income and
expense, and balance sheet signed by an authorized official of the
organization. Financial statements will be submitted within 90 days
after the grantee's fiscal year end.
Andrew Berke,
Administrator, Rural Utilities Service, Rural Development.
[FR Doc. 2024-23512 Filed 10-10-24; 8:45 am]
BILLING CODE 3410-15-P
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