Federal RegisterVol 68_ No 176Thursday_ September 11_ 2003Notices by taoyni

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									      53540                     Federal Register / Vol. 68, No. 176 / Thursday, September 11, 2003 / Notices

      Secretary of Agriculture regarding                      DEPARTMENT OF AGRICULTURE                             ADDRESSES: Hand-delivered
      program operations and measures to                                                                            applications or applications submitted
      suppress, control, or eradicate an                      Forest Service                                        using an express mail or overnight
      outbreak of foot-and-mouth disease, or                                                                        courier service should be sent to: Marc
                                                              Notice of Resource Advisory                           Warman, USDA Rural Business-
      other destructive foreign animal or
                                                              Committee Meeting                                     Cooperative Service, 1400
      poultry diseases, in the event these
      diseases should enter the United States.                AGENCY: North Central Idaho Resource                  Independence Ave., SW., Room 4016,
      The Committee also advises the                          Advisory Committee, Kamiah, Idaho,                    Washington, DC 20250; Telephone:
      Secretary of Agriculture of means to                    USDA, Forest Service.                                 (202) 720–8460. Applications sent via
      prevent these diseases.                                 ACTION: Notice of meeting.
                                                                                                                    the U.S. Postal Service must be sent to:
                                                                                                                    Marc Warman, USDA Rural Business-
        Done in Washington, DC, this 4th day of               SUMMARY: Pursuant to the authorities in               Cooperative Service, STOP 3252, 1400
      September, 2003.                                        the Federal Advisory Committee Act                    Independence Ave., SW., Washington,
      Peter Fernandez,                                        (Public Law 92–463) and under the                     DC 20250–3252. Applications sent via
      Acting Administrator, Animal and Plant                  Secure Rural Schools and Community                    email attachment must be sent to:
      Health Inspection Service.                              Self-Determination Act of 2000 (Pub. L.               marc.warman@usda.gov. Please note
      [FR Doc. 03–23126 Filed 9–10–03; 8:45 am]               106–393) the Nez Perce and Clearwater                 that due to recent security concerns,
      BILLING CODE 3410–34–P                                  National Forests’ North Central Idaho                 packages sent to the Agency have
                                                              Resource Advisory Committee will meet                 suffered significant delays. Entities
                                                              Thursday, October 2, 2003 in Kooskia,                 wishing to apply for assistance should
      DEPARTMENT OF AGRICULTURE                               Idaho for a business meeting. The                     contact Marc Warman to receive further
                                                              meeting is open to the public.                        information and copies of the
      Animal and Plant Health Inspection                      SUPPLEMENTARY INFORMATION: The                        application package.
      Service                                                 business meeting on October 2, begins at              FOR FURTHER INFORMATION CONTACT: Jim
                                                              10 a.m. (pst), at the Clearwater National             Haskell, Acting Deputy Administrator,
      [Docket No. 03–028–1]                                   Forest, Supervisor’s Office, 12730                    Rural Business-Cooperative Service,
                                                              Highway 12, Orofino, Idaho. Agenda                    USDA, Stop 3250, Room 4016, 1400
      National Wildlife Services Advisory                     topics will include discussion of                     Independence Ave., SW., Washington,
      Committee; Notice of Renewal                            potential projects. A public forum will               DC 20250–3250, telephone: (202) 720–
                                                              begin at 2:30 p.m. (pst).                             8460, or email: james.haskell@usda.gov.
      AGENCY: Animal and Plant Health                         FOR FURTHER INFORMATION CONTACT. Ihor                 SUPPLEMENTARY INFORMATION:
      Inspection Service, USDA.                               Mereszczak, Staff Officer and                         Paperwork Reduction Act
      ACTION:   Notice of renewal.                            Designated Federal Officer, at (208)
                                                              935–2513.                                               The Agency published a notice
                                                                                                                    requesting comments on the collection
      SUMMARY:  We are giving notice that the                   Dated: September 4, 2003.
                                                                                                                    requirements contained in this NOFA
      Secretary of Agriculture has renewed                    Ihor Mereszczak,
                                                                                                                    concurrent with the publication of the
      the National Wildlife Services Advisory                 Acting Forest Supervisor.                             related proposed rule on June 13, 2003
      Committee for a 2-year period. The                      [FR Doc. 03–23195 Filed 9–10–03; 8:45 am]             (68 FR 35321). No comments were
      Secretary has determined that the                       BILLING CODE 3410–11–M                                received on the paperwork burden.
      Committee is necessary and in the                                                                             OMB granted a standard approval of the
      public interest.                                                                                              paperwork burden under control
                                                              DEPARTMENT OF AGRICULTURE                             number 0570–0045 for this program.
      FOR FURTHER INFORMATION CONTACT:    Ms.
      Joanne Garrett, Director, Operational                   Rural Business-Cooperative Service                    Background
      Support Staff, WS, APHIS, 4700 River
                                                              Notice of Funding Availability and                       Section 6402 of the Farm Security and
      Road Unit 87, Riverdale, MD 20737–                                                                            Rural Investment Act of 2002 (Pub. L.
      1234; (301) 734–5149.                                   Invitation To Apply for Agriculture
                                                              Innovation Center Demonstration                       107–171) (2002 Farm Bill) authorizes
      SUPPLEMENTARY INFORMATION:    The                       Program Grants                                        the Secretary of Agriculture to establish
      purpose of the National Wildlife                                                                              up to 10 agriculture innovation
      Services Advisory Committee (the                        AGENCY: Rural Business-Cooperative                    demonstration centers (Agriculture
      Committee) is to advise the Secretary of                Service, USDA.                                        Innovation Centers or AICs) in Fiscal
      Agriculture on policies, program issues,                ACTION: Notice.                                       Year 2003. The purpose of these centers
      and research needed to conduct the                                                                            is to foster the ability of agricultural
                                                              SUMMARY: The Rural Business-                          producers to reap the benefits of
      Wildlife Services program. The                          Cooperative Service (RBS or Agency)
      Committee also serves as a public forum                                                                       producing and marketing value-added
                                                              provides notice of the availability of                products.
      enabling those affected by the Wildlife                 $10,000,000 in fiscal year (FY) 2003                     Relationship between this NOFA and
      Services program to have a voice in the                 funds (NOFA) to fund the establishment                the earlier published Advance RFP
      program’s policies.                                     of agriculture innovation centers that                Recognizing that the time requirements
        Done in Washington, DC, this 3rd day of               are to provide assistance to agriculture              for publishing the final rule were very
      September 2003 .                                        producers in the development of value-                tight, the Agency published a notice on
      Peter Fernandez,                                        added businesses. This NOFA lists the                 August 1, 2003 (Advance RFP) outlining
      Acting Administrator, Animal and Plant
                                                              information needed to submit an                       all of the requirements for applying for
      Health Inspection Service.                              application for these grants.                         FY 2003 grants that were then known.
      [FR Doc. 03–23127 Filed 9–10–03; 8:45 am]               DATES: The deadline for receipt of an                 While the Advance RFP anticipated the
                                                              application is 4 p.m. eastern time on                 publication of a final rule implementing
      BILLING CODE 3410–34–P
                                                              September 16, 2003.                                   the AIC grant program before the end of


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                                Federal Register / Vol. 68, No. 176 / Thursday, September 11, 2003 / Notices                                          53541

      FY 2003, we now recognize that it is not                   (2) Proposal. Each proposal must                   support should reflect that the writer is
      likely that a final rule will be published              contain the following elements.                       familiar with the provisions of the Plan
      in time to obligate FY 2003 funds under                    (a) Title Page.                                    for the Center, including the stated
      terms and conditions established in a                      (b) Table of Contents.                             goals. Evidence of support can take the
      final rule. Accordingly, we are                            (c) Executive Summary. A summary                   form of making employees available to
      publishing this NOFA now in order to                    of the proposal should briefly describe               the Center, service as a board member
      be able to implement this program                       the project including goals, tasks to be              and other in-kind contributions.
      before the end of FY 2003.                              completed and other relevant                             (vii) Strategic Coordination and
         The Advance RFP advised the public                   information that provides a general                   Alliances. Describe arrangements in
      that in order to fund AIC grants for FY                 overview of the project and the amount                place or planned with end users
      2003 there would be an extremely short                  requested.                                            (processing and distribution companies
      deadline for the submission of                             (d) Eligibility. A detailed discussion             and regional grocers) as well as
      applications. In the Advance RFP                        describing how the applicant meets the                arrangements with entities having
      interested parties were offered the                     eligibility requirements.                             technical research capabilities, broad
      opportunity of receiving notice of the                     (e) Proposal Narrative. The narrative              support from the agricultural
      timing for submission of applications                   portion of the proposal must include,                 community in the state or region,
      via electronic mail. All parties who                    but is not limited to, the following:                 significant coordination with end users
                                                                 (i) Project Title. The title of the
      requested such electronic notification                                                                        (processing and distribution companies
                                                              proposed project must be brief, not to
      are receiving an electronic version of                                                                        and regional grocers), strategic alliances
                                                              exceed 75 characters, yet describe the
      this notice.                                                                                                  with entities having technical research
                                                              essentials of the project.
         The policies and procedures                             (ii) Information Sheet. A separate one             capabilities and a focused delivery plan
      incorporated in this NOFA are the same                  page information sheet listing each of                for reaching out to the producer
      as those outlined in the Advance RFP                    the evaluation criteria followed by the               community. (viii) Capacity. Evidence of
      published on August 1, 2003; the only                   page numbers of all relevant material                 the ability of the grantee(s) to
      differences that pertain to this NOFA                   and documentation contained in the                    successfully establish and operate a
      are that the deadline is firmly                         proposal that address or support the                  Center. A description of the grantee’s
      established for the receipt of                          criteria.                                             track record in providing services
      applications and the paperwork burden                      (iii) Goals of the Project. The first part         similar to those listed for Producer
      associated with this program has been                   of this section should list each Provider             Services or evidence that the entity has
      approved by OMB.                                        Service to be offered by the Center. The              the capability to provide Producer
         In the event the RBS is not able to                  second part of this section should list               Services. Resumes of key personnel
      timely obligate FY 2003 funds,                          one or more specific goals relating to                should be included in this section. Past
      applications received will be held for                  increasing and improving the ability of               successes should be described in detail,
      consideration for FY 2004 funding if                    identified local agricultural producers to            with a focus on lessons learned, best
      and when funding is available and after                 develop a market or process for value-                practices, familiarity with producer
      a Final Rule is published. Applicants                   added agricultural commodities or                     problems in value-added ventures, and
      will then be allowed to revise their                    products.                                             how these barriers are best overcome
      applications if the requirements of the                    (iv) Work Plan. Actions that must be               should be elaborated on in this section.
      Final Rule are different from the                       taken in order for the Provider Services              For every challenge identified, the
      policies and procedures outlined for FY                 to be available from the Center. Each                 applicant should demonstrate how they
      2003 in this NOFA.                                      action listed should include a target                 are addressed in the Work Plan (see
                                                              date by which it will be completed.                   paragraph (2)(e)(iv) above). All
      Restrictions on Awards                                                                                        successes should include a monetary
                                                              General start up tasks should be listed,
        1. RBS will not award more than ten                   followed by specific tasks listed for each            estimate of the value-added achieved.
      grants for FY 2003.                                     Provider Service to be offered, as well                  (ix) Legal structure. Provide a
        2. RBS will not make a grant to more                  as tasks associated with the start of                 description of the legal relationship
      than one entity in any one State.                       operations. The tasks associated with                 between the grantee(s) and the proposed
        3. A grant award may not exceed the                   the start of operations should include a              Center. If the Center is to be an
      lesser of $1,000,000 or twice the dollar                focused marketing and delivery plan                   independent corporate entity, provide
      amount (in cash or in kind) of the                      directed to the local agricultural                    copies of the corporate charter, bylaws
      resources committed to the Center’s                     producers that were identified in                     and other relevant organizational
      operations apart from the program grant                 paragraph (2)(e)(iii) above. The actions              documents. Describe how funds for the
      funds.                                                  to be taken should include steps for                  Center will be handled and include
                                                              identifying customers, acquiring                      copies of the agreements documenting
      Application
                                                              personnel and contracting for services to             the legal relationships between the
        Applicants must file an original and                  the Center, including arrangements for                Center and related parties. If the Center
      one copy of the required forms and a                    strategic alliances.                                  is not to be an independent legal entity,
      proposal.                                                  (v) Performance Evaluation Criteria.               provide copies of the corporate
        (1) Required forms. The following                     Performance criteria suggested by the                 governance documents that describe
      forms must be completed, signed and                     applicant for incorporation in the grant              how members of the Board of Directors
      submitted as part of the application                    award in the event the proposal receives              for the Center are to be determined.
      package.                                                grant funding under this subpart. These                  (x) Evaluation Criteria. Each of the
        (a) ‘‘Application for Federal                         suggested criteria are not binding on                 evaluation criteria referenced below
      Assistance.’’                                           USDA.                                                 must be specifically and individually
        (b) ‘‘Budget Information’Non-                            (vi) Agricultural Community Support.               addressed in narrative form. Supporting
      Construction Programs.’’                                Evidence of support from the local                    documentation, as applicable, should be
        (c) ‘‘AssurancesNon-Construction                      agricultural community should be                      included in this section, or a cross
      Programs.’’                                             included in this section. Letters in                  reference to other sections in the


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      53542                     Federal Register / Vol. 68, No. 176 / Thursday, September 11, 2003 / Notices

      application should be provided, as                      will receive higher points relative to                criteria will disqualify the proposal.
      applicable.                                             proposals that out-source expertise.                  Submissions which do not pass the
         (xi) Verification of Adequate                          (5) Local support. Proposed Centers                 initial screening may be returned to the
      Resources. Present a budget to support                  must show local support and                           Applicant. If the submission deadline
      the work plan showing sources and uses                  coordination with other developmental                 has not expired and time permits,
      of funds (1) during the start up period                 organizations in the proposed service                 returned applications may be revised
      prior to the start of operations and (2)                area and with state and local                         and re-submitted.
      for the first year of full operations.                  institutions. Support documentation
                                                              should include recognition of rural                   Evaluation Process
      Present a copy of a bank statement
      evidencing sources of funds equal to                    values that balance employment                          (1) Applications will be evaluated by
      amounts required in excess of the grant                 opportunities with environmental                      agricultural economists or other
      requested, or, in the alternative, a copy               stewardship and other rural amenities.                technical experts appointed by the
      of confirmed funding commitments                        Proposed Centers that show strong                     Agency.
      from credible sources such that USDA is                 support from potential beneficiaries and                (2) After all proposals have been
      satisfied that the Center has adequate                  coordination with other developmental                 evaluated and scored, Agency officials
      resources to complete a full year of                    organizations will receive more points                will present to the Administrator a list
      operation. Include information                          than those not evidencing such support.               of all applications in rank order,
      sufficient to facilitate verification by                  (6) Future support. Applicants that                 together with funding level
      USDA of all representations.                            can demonstrate financial independence                recommendations.
         (xii) Certification of Adequate                      in future years will receive more points                (3) The Administrator has not elected
      Resources Applicants must certify that                  for this criterion. Points will be awarded            to reserve the right to award additional
      non-Federal funds identified in the                     only where future funding sources are                 points for this round of competition; the
      budget pursuant to paragraph (2)(e)(xi)                 documented by letters of commitment.                  applications will be funded in rank
      of this section will be available and                     (7) Performance Criteria. Criteria                  order until all available funds have been
      funded commensurately with grant                        suggested by the applicant in the                     obligated.
      funds.                                                  proposal narrative that are ambitious,
                                                              relevant and quantifiable and reflect                 Related Policies and Procedures
      Evaluation Criteria and Weights                         serious consideration and seriousness of              Applicable to AIC Grants
         Each of the following seven                          purpose will score more points than                   Definitions
      evaluation criteria may be awarded up                   superficial performance criteria that
                                                              reflect little or no challenge or that do               Agency—Rural Business-Cooperative
      to five (5) points.                                                                                           Service (RBS), an agency of the United
         (1) Ability to Deliver. The application              not incorporate variables that reflect
                                                              value-added results.                                  States Department of Agriculture
      will be evaluated as to whether it                                                                            (USDA), or a successor agency.
                                                                In the event of a tied score between
      evidences unique abilities to deliver                                                                           Agriculture Producer Group—An
                                                              two or more applications, the scores for
      Producer Services so as to create                                                                             organization that represents
                                                              the first individual criterion will be
      sustainable value-added ventures.                                                                             Independent Producers, whose mission
                                                              compared, and the highest score for that
      Abilities that are transferable to a wide                                                                     includes working on behalf of
                                                              individual criterion will break the tie. If
      range of agricultural value-added                                                                             Independent Producers and the majority
                                                              the scores for the first criterion are tied,
      commodities are preferred over highly                                                                         of whose membership and board of
                                                              the scores for the second criterion will
      specialized skills. Strong skills must be                                                                     directors is comprised of Independent
                                                              be compared, and so on.
      accompanied by a credible and                                                                                 Producers.
      thoughtful plan.                                        Form of Submission                                      Agricultural Product—Plant and
         (2) Successful Track Record. The                        Applicants are encouraged, but not                 animal products and their by-products
      applicant’s track record in achieving                   required, to submit applications and                  to include forestry products, fish and
      value-added successes.                                  reports in electronic form. A complete,               seafood products.
         (3) Work Plan/Budget. The work plan                  original application may be                             Board of Directors—The group of
      will be reviewed for detailed actions                   electronically sent as an e-mail                      individuals that govern the Center.
      and an accompanying timetable for                       attachment to marc.warman@usda.gov.                     Center—The Agriculture Innovation
      implementing the proposal. Clear,                       If applications are submitted                         Center to be established and operated by
      logical, realistic and efficient plans will             electronically, a signature page must be              the grantees. It may or may not be an
      result in a higher score. Budgets will be               submitted via facsimile to the attention              independent legal entity, but it must be
      reviewed for completeness and the                       of Marc Warman at (202) 720–4641 or in                independently governed in accordance
      strength of non Federal funding                         hard copy to Marc Warman at the                       with the requirements of this subpart.
      commitments.                                            address provided at the beginning of                    Cooperative—A user-owned and
         (4) Qualifications of personnel.                     this Notice. Alternatively, an original               controlled business from which benefits
      Proposals will be reviewed for whether                  application package plus one paper                    are derived and distributed equitably on
      the key personnel who are to be                         copy may be submitted to the address                  the basis of use.
      responsible for performing the proposed                 provided at the beginning of this Notice.               Cooperative Services—The office
      tasks have the necessary qualifications                                                                       within RBS, and its successor
      and whether they have a track record of                 Evaluation Screening                                  organization, that administers programs
      performing activities similar to those                     The Agency will conduct an initial                 authorized by the Cooperative
      being proposed. If a consultant or others               screening of all proposals to determine               Marketing Act of 1926 (7 U.S.C. 451 et
      are to be hired, points may be awarded                  whether the applicant is eligible and                 seq.) and such other programs so
      for consultants only if the proposal                    whether the application is complete and               identified in USDA regulations.
      includes evidence of their availability                 sufficiently responsive to the                          Economic development—The
      and commitment as well. Proposals                       requirements set forth in this Notice to              economic growth of an area as
      using in-house employees with strong                    allow for an informed review. Failure to              evidenced by increase in total income,
      track records in innovative activities                  address any of the required evaluation                employment opportunities, decreased


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                                Federal Register / Vol. 68, No. 176 / Thursday, September 11, 2003 / Notices                                           53543

      out-migration of population, value of                   development authority, or Indian tribe                Identity-preserved marketing systems
      production, increased diversification of                on federal or state reservations or other             include labeling that identifies how the
      industry, higher labor force                            federally recognized Indian tribe in                  product was produced and by whom.
      participation rates, increased duration                 rural areas.
                                                                 Qualified Board of Directors—A                     Eligibility for Grant Assistance
      of employment, higher wage levels, or
      gains in other measurements of                          Board of Directors that includes                        Non-profit and for-profit corporations,
      economic activity, such as land values.                 representatives from each of the                      institutions of higher learning and other
         Fixed equipment—Tangible personal                    following groups: (1) The two general                 entities, including a consortium where a
      property used in trade or business that                 agricultural organizations with the                   lead entity has been designated and
      would ordinarily be subject to                          greatest number of members in the State               agrees to act as funding agent, that meet
      depreciation under the Internal Revenue                 in which the Center is located, (2) the               the following requirements are eligible
      Code, including processing equipment,                   State department of agriculture, or                   for grant assistance:
      but not including property for                          equivalent, of the State in which the                   (1) The entity—
      equipping and furnishing offices such as                Center is located and (3) entities                      (a) has provided services similar to
      computers, office equipment, desks or                   representing the four highest grossing                those listed for Producer Services; or
      file cabinets.                                          commodities produced in the State in                    (b) demonstrates the capability of
         Independent Producers—Agricultural                   which the Center is located, as                       providing Producer Services;
      producers, to include individuals, for                  determined on the basis of annual gross                 (2) The application includes a plan
      profit and not for profit corporations,                 cash sales.                                           that meets the requirements of
      LLCs, partnerships or LLPs, solely                         Rural and rural area—includes all the              paragraph (2)(e)(iv) in the application
      owned or controlled by producers who                    territory of a state that is not within the           requirements above, that also outlines—
      do not produce the agricultural product                 outer boundary of any city or town                      (a) the support for the entity in the
      under contract or joint ownership with                  having a population of 50,000 or more                 agricultural community;
      any other organization. An independent                  and the urbanized area contiguous and                   (b) the technical and other expertise
      producer can also be a steering                         adjacent to such city or town, as defined             of the entity; and
      committee composed of independent                       by the U.S. Bureau of the Census using                  (c) the goals of the entity for
      agricultural producers in the process of                the latest decennial census of the United             increasing and improving the ability of
      organizing an association to operate a                  States.                                               local agricultural producers to develop
      value-added venture that will be owned                     Rural Development—A mission area                   markets and processes for value-added
      and controlled by the independent                       within the USDA consisting of the                     agricultural commodities or products;
      producers supplying agricultural                        Office of Under Secretary for Rural                     (3) The entity demonstrates that
      product to the market.                                  Development, Office of Community                      adequate resources (in cash or in kind)
         National Office—USDA RBS                             Development, Rural Business-                          are available, or have been committed to
      headquarters in Washington, D.C.                        Cooperative Service, Rural Housing                    be made available to the entity, to
         Nonprofit institution—Any                            Service and Rural Utilities Service and               increase and improve the ability of local
      organization or institution, including an               their successors.                                     agricultural producers to develop
      accredited institution of higher                           State—includes each of the several                 markets and processes for value-added
      education, no part of the net earnings of               States, the Commonwealth of Puerto                    agricultural commodities or products;
      which may inure, to the benefit of any                  Rico, the Virgin Islands of the United                  (4) The proposed Center has a
      private shareholder or individual.                      States, Guam, American Samoa, the                     Qualified Board of Directors; and
         Producer Services—are those services                 Commonwealth of the Northern Mariana                    (5) There is no recorded outstanding
      to be provided by the Centers to                        Islands, and, as may be determined by                 judgment obtained against the applicant
      agricultural producers. Producer                        the Secretary to be feasible, appropriate             by the United States in a Federal Court
      services consist of the following types of              and lawful, the Freely Associated States              (other than in the United States Tax
      services:                                               and the Federated States of Micronesia.               Court), that has not been paid in full or
         (1) Technical assistance, consisting of                 State Office—USDA Rural                            otherwise satisfied.
      engineering services, applied research,                 Development offices located in each
                                                              state.                                                Use of Grant Funds
      scale production, and similar services,
      to enable the agricultural producers to                    Value-Added—The incremental value                     Grant funds may be used to assist
      establish businesses to produce value-                  that is realized by the producer from an              eligible recipients in establishing
      added agricultural commodities or                       agricultural commodity or product as                  Centers that provide Producer Services
      products;                                               the result of (1) a change in its physical            and may only be used to support
         (2) Assistance in marketing, market                  state, (2) differentiated production or               operations of the Center that directly
      development and business planning,                      marketing, as demonstrated in a                       relate to providing Producer Services.
      including advisory services with respect                business plan, or (3) Product                         Grant funds may be used for the
      to leveraging capital assets; and                       segregation. Also, the economic benefit               following purposes:
         (3) Organizational, outreach and                     realized from the production of farm or                  (1) Consulting services for legal,
      development assistance to increase the                  ranch-based renewable energy.                         accounting and technical services to be
      viability, growth and sustainability of                 Incremental value may be realized by                  used by the grantee in establishing and
      businesses that produce value-added                     the producer as a result of either an                 operating a Center;
      agricultural commodities or products.                   increase in value to buyers or the                       (2) Hiring of employees, at the
         Product segregation—Physical                         expansion of the overall market for the               discretion of the Qualified Board of
      separation of a product or commodity                    product. Examples include milling                     Directors;
      from similar products. Physical                         wheat into flour, slaughtering livestock                 (3) The making of matching grants to
      separation requires a barrier to prevent                or poultry, making strawberries into                  agricultural producers, individually not
      mixing with the similar product.                        jam, the marketing of organic products,               to exceed $5,000, where the aggregate
         Public body—Any state, county, city,                 an identity-preserved marketing system,               amount of all such matching grants
      township, incorporated town or village,                 and collecting and converting methane                 made by the grantee does not exceed
      borough, authority, district, economic                  from animal waste to generate energy.                 $50,000;


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      53544                     Federal Register / Vol. 68, No. 176 / Thursday, September 11, 2003 / Notices

        (4) Applied research; and                             letter of conditions, the applicant must              Confidentiality of Reports
        (5) Legal services.                                   complete, sign and return the Agency’s                  All reports submitted to the Agency
                                                              ‘‘Letter of Intent to Meet Conditions,’’              will be held in confidence to the extent
      Limitations on Use of Grant Funds
                                                              or, if certain conditions cannot be met,              permitted by law.
         Grant funds may not be used to:                      the applicant may propose alternate
         (1) Duplicate current services or                    conditions to the Agency. The Agency                  Grant Servicing
      replace or substitute support previously                must concur with any changes proposed                   Grants will be serviced in accordance
      provided. If the current service is                     to the letter of conditions by the                    with 7 CFR part 1951, subparts E and O.
      inadequate, however, grant funds may                    applicant before the application will be              Grantees will permit periodic inspection
      be used to expand the level of effort or                further processed.                                    of the program operations by a
      services beyond what is currently being                    (3) Grant agreement. The Agency and                representative of the Agency. All non-
      provided;                                               the grantee must enter into an                        confidential information resulting from
         (2) Pay costs of preparing the                       ‘‘Agriculture Innovation Center Grant                 the Grantee’s activities shall be made
      application package for funding under                   Agreement’’ prior to the advance of                   available to the general public on an
      this program;                                           funds.                                                equal basis.
         (3) Pay costs of the project incurred
      prior to the date of grant approval;                    Award Requirements                                    Performance
         (4) Fund political activities;                                                                                USDA may elect to suspend or
                                                                All approved applicants will be
         (5) Pay for assistance to any private                                                                      terminate a grant in all or part, or
                                                              required to do the following:
      business enterprise which does not have                                                                       funding of a particular work plan
      at least 51 percent ownership by those                    (1) Use ‘‘Request for Advance or                    activity, but nevertheless fund the
      who are either citizens of the United                   Reimbursement’’ to request advances or                remainder of a request for advance or
      States or reside in the United States                   reimbursements, as applicable, but not                reimbursement, as applicable, where
      after being legally admitted for                        more frequently than once a month;                    USDA has determined:
      permanent residence;                                      (2) Maintain a financial management                    (1) that the grantee or subrecipient of
         (6) Pay any judgment or debt owed to                 system that is acceptable to the Agency;              grant funds has demonstrated
      the United States;                                      and                                                   insufficient progress in complying with
         (7) Plan, repair, rehabilitate, acquire,               (3) Collect and maintain data on race,              the terms of the grant agreement;
      or construct a building or facility                     sex and national origin of the                           (2) there is reason to believe that other
      (including a processing facility);                      beneficiaries of the project.                         sources of joint funding have not been
         (8) Purchase, rent or install Fixed                                                                        or will not be forthcoming on a timely
      Equipment; or                                           Reporting Requirements                                basis; or
         (9) Pay for the repair of privately                     Grantees must submit the following to                 (3) such other cause as USDA
      owned vehicles.                                         USDA:                                                 identifies in writing to the grantee
                                                                 (1) A ‘‘Financial Status Report’’ listing          (including but not limited to the use of
      Grant Approval and Obligation of Funds
                                                              expenditures according to agreed upon                 federal grant funds for ineligible
        The following statement will be                       budget categories, on a semi-annual                   purposes).
      entered in the comment section of the                   basis. Reporting periods end each March
      Request for Obligation of Funds, which                                                                        Other Considerations
                                                              31 and September 30. Reports are due
      must be signed by the grantee:                                                                                   (1) Environmental review.
                                                              30 days after the reporting period ends.                 All grants made under this subpart are
        ‘‘The grantee certifies that it is in
      compliance with and will continue to                       (2) Semi-annual performance reports                subject to the requirements of 7 CFR
      comply with all applicable laws,                        that compare accomplishments to the                   part 1940, subpart G or its successor.
      regulations, Executive Orders and other                 objectives stated in the proposal. All                Applications for technical assistance or
      generally applicable requirements,                      tasks completed to date must be                       planning projects are generally excluded
      including those contained in 7 CFR part                 specifically identified and                           from the environmental review process
      4284 and 7 CFR parts 3015, 3016, 3017,                  documentation provided to support the                 by 7 CFR 1940.333, provided the
      3018, 3019 and 3052 in effect on the                    reported results. If the original schedule            assistance it not related to the
      date of grant approval, and the approved                provided in the work plan is not being                development of a specific site.
      Letter of Conditions.’’                                 met, the report should discuss the                    Applicants for grant funds must
                                                              problems or delays that may affect                    consider and document within their
      Grant Disbursement                                      completion of the project. Objectives for             plans the important environmental
        The Agency will determine, based on                   the next reporting period should be                   factors within the planning area and the
      7 CFR parts 3015, 3016 and 3019, as                     listed. Compliance with any special                   potential environmental impacts of the
      applicable, whether disbursement of a                   condition on the use of award funds                   plan on the planning area, as well as the
      grant will be by advance or                             should be discussed. Reports are due as               alternative planning strategies that were
      reimbursement. The Agency may limit                     provided in paragraph (1). The                        reviewed.
      the frequency in which a Request for                    supporting documentation for                             (2) Civil rights. All grants made under
      Advance or Reimbursement may be                         completed tasks include, but are not                  this subpart are subject to the
      submitted.                                              limited to, feasibility studies, marketing            requirements of title VI of the Civil
                                                              plans, business plans, articles of                    Rights Act of 1964, which prohibits
      Grant Closing                                           incorporation and bylaws and an                       discrimination on the basis of race,
        (1) Letter of Conditions. The Agency                  accounting of how working capital                     color and national origin as outlined in
      will notify an approved applicant in                    funds were spent.                                     7 CFR part 1901, subpart E. In addition,
      writing, setting out the conditions under                  (3) Final project performance reports,             the grants made under this subpart are
      which the grant will be made.                           inclusive of supporting documentation.                subject to the requirements of section
        (2) Applicant’s intent to meet                        The final performance report is due                   504 of the Rehabilitation Act of 1973, as
      conditions. Upon reviewing the                          within 30 days of the completion of the               amended, which prohibits
      conditions and requirements in the                      project.                                              discrimination on the basis of disability;


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                                Federal Register / Vol. 68, No. 176 / Thursday, September 11, 2003 / Notices                                            53545

      the requirements of the Age                             DEPARTMENT OF COMMERCE                                     Pursuant to sections 766.25 and
      Discrimination Act of 1975, which                                                                               750.8(a) of the Regulations, upon
      prohibits discrimination on the basis of                Bureau of Industry and Security                         notification that a person has been
      age; and title III of the Americans with                                                                        convicted of violating the AECA, the
      Disabilities Act, which prohibits                       Action Affecting Export Privileges;                     Director, Office of Exporter Services, in
      discrimination on the basis of disability               Gunter Kohlke                                           consultation with the Director, Office of
      by private entities in places of public                 In the Matter of: Gunter Kohlke currently               Export Enforcement, shall determine
      accommodations. This program will                            incarcerated at: Allenwood Federal                 whether to deny that person’s export
      also be administered in accordance with                      Corrections Institution, Inmate No.                privileges for a period of up to 10 years
      all other applicable Civil Rights Law.                       10080–196, P.O. Box 1500, White Deer,              from the date of conviction and shall
         (3) Other USDA regulations. The grant                     Pennsylvania 17887; and with an                    also determine whether to revoke any
      programs under this part are subject to                      address at: Im Dankholz 25, 79798                  license previously issued to such
      the provisions of the following                              Jestetten, Germany.                                person.
      regulations, as applicable:                             Order Denying Export Privileges                            Having received notice of Kohlke’s
         (a) 7 CFR part 3015, Uniform Federal                                                                         conviction for violating the AECA, and
      Assistance Regulations;                                    On July 18, 2002, a U.S. District Court              after providing notice and an
                                                              in the Eastern District of New York                     opportunity for Kohlke to make a
         (b) 7 CFR part 3016, Uniform
                                                              convicted Gunter Kohlke (‘‘Kohlke’’) of                 written submission to the Bureau of
      Administrative Requirements for Grants
                                                              violating section 38 of the Arms Export                 Industry and Security before issuing an
      and Cooperative Agreements to State
                                                              Control Act (22 U.S.C. 2778 (2000))                     Order denying his export privileges, as
      and Local Governments;
                                                              (‘‘AECA’’). Specifically, the Court found               provided in section 766.25 of the
         (c) 7 CFR part 3017, Governmentwide                                                                          Regulations, and having received no
                                                              that Kohlke knowingly and willfully
      Debarment and Suspension                                                                                        submission from Kohlke, following
                                                              attempted to export items on the United
      (nonprocurement) and Governmentwide                                                                             consultations with the Director, Office
                                                              States Munitions List, from the United
      Requirements for Drug-Free Workplace                                                                            of Export Enforcement, I have decided
                                                              States to Switzerland, without first
      (Grants);                                                                                                       to deny Kohlke’s export privilege for a
                                                              obtaining the required approval from
         (d) 7 CFR part 3018, New Restrictions                the Department of State.                                period of 10 years from the date of his
      on Lobbying;                                                                                                    conviction. The 10-year period ends on
                                                                 Section 11(h) of the Export
         (e) 7 CFR part 3019, Uniform                                                                                 July 18, 2012. I have also decided to
                                                              Administration Act of 1979, as amended
      Administrative Requirements for Grants                                                                          revoke all licenses issued pursuant to
                                                              (currently codified at 50 U.S.C. app.
      and Agreements with Institutions of                                                                             the Act in which Kohlke had an interest
                                                              2401–2420 (2000)) (‘‘Act’’) 1 provides
      Higher Education, Hospitals and Other                                                                           at the time of his conviction.
                                                              that at the discretion of the Secretary of
      Non-profit Organizations; and                                                                                      Accordingly, it is hereby Ordered:
                                                              Commerce,2 no person convicted of
         (f) 7 CFR part 3052, Audits of States,                                                                          I. Until July 18, 2012, Gunter Kohlke,
                                                              violating any of a number of Federal                    currently incarcerated at: Allenwood
      Local Governments and Non-profit                        criminal statutes including the AECA
      Organizations.                                                                                                  Federal Correctional Institution, Inmate
                                                              shall be eligible to apply for or use any               No. 10080–196, P.O. Box 1500, White
      Member Delegate Clause                                  export license issued pursuant to, or                   Deer, Pennsylvania 17887, and with an
                                                              provided by, the Act or the Export                      address at: Im Dankholz 25, 79798
        No member of Congress shall be
                                                              Administration Regulations (currently                   Jestetten, Germany, (‘‘the denied
      admitted to any share or part of a grant
                                                              codified at 15 CFR parts 730–774                        person’’) and, when acting in behalf of
      program or any benefit that may arise
                                                              (2003)) (‘‘Regulations’’), for a period of              Kohlke, all of his successors or assigns,
      there from, but this provision shall not
                                                              up to 10 years from the date of the                     representatives, agents and employees,
      be construed to bar as a contractor
                                                              conviction. In addition, any license                    may not, directly or indirectly,
      under a grant a publicly held
                                                              issued pursuant to the Act in which                     participate in any way in any
      corporation whose ownership might
                                                              such a person had any interest at the                   transaction involving any commodity,
      include a member of Congress.
                                                              time of conviction may be revoked.                      software or technology (hereinafter
      Audit Requirements                                                                                              collectively referred to as ‘‘item’’)
                                                                1 From August 21, 1994 through November 12,
        Grantees must comply with the audit                                                                           exported or to be exported from the
                                                              2000, the Act was in lapse. During that period, the
      requirements of 7 CFR part 3052. The                    President, through Executive Order 12924, which         United States that is subject to the
      audit requirements apply to the years in                had been extended by successive Presidential            Regulations, or in any other activity
      which grant funds are received and                      Notices, the last of which was issued on August 3,      subject to the EAR, including, but not
                                                              2000 (3 C.F.R., 2000 Comp. 397 (2001)), continued       limited to:
      years in which work is accomplished                     the Regulations in effect under the International
      using grant funds.                                      Emergency Economic Powers Act (50 U.S.C. 1701–             A. Applying for, obtaining, or using
                                                              1706 (1994 & Supp. V 1999)) (IEEPA). On November        any license, License Exception, or
      Programmatic Changes                                    13, 2000, the Act was reauthorized and it remained      export control document;
                                                              in effect through August 20, 2001. Since August 21,        B. Carrying on negotiations
        The Grantee shall obtain prior                        2001, the Act has been in lapse and the President,
      approval for any change to the scope or                 through Executive Order 13222 of August 17, 2001
                                                                                                                      concerning, or ordering, buying,
      objectives of the approved project.                     (3 C.F.R., 2001 Comp. 783 (2002)), which has been       receiving, using, selling, delivering,
      Failure to obtain prior approval of                     extended by successive Presidential Notices, the        storing, disposing of, forwarding,
                                                              most recent being that of August 7, 2003 (68 FR         transporting, financing, or otherwise
      changes to the scope of work or budget                  47833 (August 11, 2003)), has continued the
      may result in suspension, termination                   Regulations in effect under the International
                                                                                                                      servicing in any way, any transaction
      and recovery of grant funds.                            Emergency Economic Powers Act (50 U.S.C. 1701–          involving any item exported or to be
                                                              1706 (2000)).                                           exported from the United States that is
        Dated: September 5, 2003.                               2 Pursuant to appropriate delegations of authority
                                                                                                                      subject to the Regulations, or in any
      Gilbert Gonzalez,                                       that are reflected in the Regulations, the Director,    other activity subject to the Regulations;
      Acting Under Secretary, Rural Development.              Office of Exporter Services, in consultation with the
                                                              Director, Office of Export Enforcement, exercises       or
      [FR Doc. 03–23135 Filed 9–10–03; 8:45 am]               the authority granted to the Secretary by section          C. Benefitting in any way from any
      BILLING CODE 3410–XY–P                                  11(h) of the Act.                                       transaction involving any item exported


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