[Federal Register Volume 67, Number 193 (Friday, October 4, 2002)]
[Rules and Regulations]
[Pages 62189-62190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25161]
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COUNCIL ON ENVIRONMENTAL QUALITY
40 CFR Part 1518
RIN 0331-ZA00
Office of Environmental Quality Management Fund
AGENCY: Council on Environmental Quality, Executive Office of the
President.
ACTION: Final rule.
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SUMMARY: In 1984, the Environmental Quality Improvement Act was amended
to establish an Office of Environmental Quality Management Fund (OEQ
Management Fund) for the purpose of financing interagency policy
development studies and projects. In accordance with that statute, the
Director of the Office of Environmental Quality promulgates the
following policies and procedures for operation of the OEQ Management
Fund.
DATES: Effective September 25, 2002.
FOR FURTHER INFORMATION CONTACT: Dinah Bear, General Counsel, Council
on Environmental Quality, 722 Jackson Place, NW., Washington, DC 20503.
Telephone: (202) 395-7421.
SUPPLEMENTARY INFORMATION: The Environmental Quality Improvement Act,
as amended (Pub. L. 91-224, Title II, April 3, 1970; Pub. L. 97-258,
September 13, 1982; and Pub. L. 98-581, October 30, 1984) establishes
an Office of Environmental Quality Management Fund (OEQ Management
Fund) to receive advance payments from other agencies or accounts that
may be used solely to finance (1) study contracts that are jointly
sponsored by the Office of Environmental Quality and one or more
federal agencies and (2) federal interagency environmental projects
(including task forces) in which the Office participates. 42 U.S.C.
4375. The Director of the Office of Environmental Quality (OEQ) is
required to promulgate regulations setting forth policies and
procedures for operation of the OEQ Management Fund. 42 U.S.C. 4375(c).
The OEQ Director adopted policies and procedures for operation of the
OEQ Management Fund in January of 1985. These policies and procedures
have been revised to provide for the development and implementation of
interagency agreements to assist the OEQ's oversight and administration
of the Management Fund. In accordance with the Environmental Quality
Improvement Act, these policies and procedures are hereby promulgated
as regulations. Because these regulations are related solely to agency
management, their promulgation is not subject to notice and comment in
accordance with 5 U.S.C. 553(a)(2).
The OEQ considers this rule to be a procedural rule which is exempt
from notice-and-comment under 5 U.S.C. 533(b)(3)(A).
This rule is not a significant rule and is not subject to review by
the Office of Management and Budget under Executive Order 12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
(3) This rule does not alter the budgetary effects or entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
(4) This rule does not raise novel legal or policy issues.
List of Subjects in 40 CFR Part 1518
Accounting, Administrative practice and procedure, Environmental
impact statements and Environmental Quality Office.
For the reasons stated in the preamble, add part 1518 of title 40
of the Code of Federal Regulations to read as follows:
PART 1518--OFFICE OF ENVIRONMENTAL QUALITY MANAGEMENT FUND
Sec.
1518.1 Purpose.
1518.2 Definitions.
1518.3 Policy.
1518.4 Procedures.
Authority: 42 U.S.C. 4375(c).
Sec. 1518.1 Purpose.
The purpose of the OEQ Management Fund is to finance:
(a) Study contracts that are jointly sponsored by OEQ and one or
more other Federal agency; and
(b) Federal interagency environmental projects (including task
forces) in which OEQ participates. See 42 U.S.C. 4375(a).
Sec. 1518.2 Definitions.
(a) Advance Payment: Amount of money prepaid pursuant to statutory
authorization in contemplation of the later receipt of goods, services,
or other assets.
(b) Director: The Director of the Office of Environmental Quality.
The Environmental Quality Improvement Act specifies that the Chairman
of the Council on Environmental quality shall serve as the Director of
OEQ. 42 U.S.C. 4372(a).
(c) OEQ Management Fund (``Fund''): The Management Fund for the
Office of Environmental Quality.
(d) Interagency Agreement: A document jointly executed by OEQ and
another agency or agencies, which sets forth the details of a joint
study or project and the funding arrangements for such a study or
project.
(e) Project Officer: The Council on Environmental Quality staff
member charged with day-to-day supervision of an OEQ Management Fund
study or project.
[[Page 62190]]
(f) Source: The agency or account from which funds are contributed
into the Fund.
Sec. 1518.3 Policy
(a) All studies and projects financed through the OEQ Management
Fund shall be consistent with the purposes and goals of the National
Environmental Policy Act and/or the Environmental Quality Improvement
Act.
(b) Agency funds accepted by the Director for transfer into the OEQ
Management Fund shall specify the purposes permissible under the source
appropriation and any restrictions relating thereto.
(c) The Director may authorize expenditures to support OEQ
Management Fund studies and projects, including:
(1) Leasing office space and providing utilities;
(2) Leasing or purchasing equipment;
(3) Funding travel;
(4) Contracting for goods and services; and
(5) Funding consultants and personnel costs for task force
employees.
(d) In carrying out the purposes of the OEQ Management Fund, the
Director is authorized to contract with public or private agencies,
institutions, organizations and individuals, by negotiation, without
regard to 31 U.S.C. 3324(a) and (b) 41 U.S.C. 5, and 42 U.S.C. 4372(e).
All such contracting activities shall be accomplished through the
Office of Administration, Executive Office of the President. The
Director may, by interagency agreement with another federal agency or
agencies and with the concurrence of the Office of Administration's
Financial Management Division, obtain specific administrative services
(including contracting activities) in support of OEQ Management Fund
studies or projects.
(e) Task forces and projects funded by the OEQ Management Fund are
permitted to make expenditures for all project and study activities,
except for compensation or benefits for full-time OEQ employees or to
reimburse OEQ or CEQ for ordinarily appropriated expenses, such as
salaries, benefits, rent, telephone and supplies.
Sec. 1518.4 Procedures.
(a) Charters: (1) A charter must be prepared for each project or
study to be financed and supported by the OEQ Management Fund.
(2) The charter must clearly state the relation of the study or
project to the goals and purposes of the Office of Environmental
Quality and the National Environmental Policy Act; describe the study
or project; identify the participating agency or agencies; provide the
names, titles and phone numbers of the Project Officer and
administrative contact.
(3) Charters may be amended by preparing a formal amendment, which
sets forth the new language to be incorporated in the existing charter.
(4) The Director shall approve all Management Fund charters and
amendments in writing.
(5) Copies of each charter and charter amendment approved by the
Director shall be provided to the Contracts Branch and the Financial
Management Division of the Office of Administration, Executive Office
of the President.
(b) Finances and accounting: (1) Annual budget estimates shall be
prepared for the OEQ Management Fund.
(2) An operating budget for each project or study shall be
submitted to the Financial Management Division of the Office of
Administration, Executive Office of the President.
(3) All contributions from other agencies to the OEQ Management
Fund for a joint study or project shall be accomplished by interagency
agreements, which shall provide for full payment of funds on an advance
basis. 42 U.S.C. 4375(a).
(4) All contributions by the Office of Environmental Quality or the
Council on Environmental Quality to the OEQ Management Fund for a joint
study or project shall be accomplished by a letter of transmittal which
specifies the particular study or project to be funded. A copy of this
transmittal letter shall be provided to the Financial Management
Division of the Office of Administration, Executive Office of the
President.
(5) The OEQ Management Fund is a no-year appropriations account,
which can accept one-year or multiple-year funds, and is available
until the objectives for which the authority was made available are
attained. Funds transferred into the Management Fund are individually
accounted for and expire under the terms of their appropriation.
(6) Any agency, including the Office of Environmental Quality and
the Council on Environmental Quality, may provide technical expertise,
physical resources, facilities, equipment, or other assets; perform
support or administrative services; or assign detailees or agency
representatives to an OEQ Management Fund project or study. These
contributions may be in addition to funding.
(7) Subaccounts shall be established within OEQ Management Fund for
each project or study. All expenditures for a particular project or
study must be matched with the source contribution and approved by the
Director or the Project Officer.
(8) The Director may transfer Management Fund resources for any
study or project to other federal accounts or other OEQ subaccounts
provided that the transfer:
(i) Is approved in writing by the source agency that provided the
portion of the funds being transferred;
(ii) Promotes the statutory mission of OEQ; and
(iii) Is justified by the Director as being in the best interests
of the government.
(9) Financial transactions shall be classified under each
Management Funds subaccount in sufficient detail to satisfy management
planning, control requirements and financial audit requirements.
(10) All fund expenditures must comport with the purposes of the
Management Fund and follow CEQ approval procedures. Any fund
expenditures pursuant to interagency agreement for the provision of
administrative services shall comport with the CEQ approval procedures
specified in the interagency agreement.
Dated: September 30, 2002.
James L. Connaughton,
Director, Office of Environmental Quality, and Chairman, Council on
Environmental Quality.
[FR Doc. 02-25161 Filed 10-3-02; 8:45 am]
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