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Rules and Regulations
Federal Register Vol. 86, No. 198
Monday, October 18, 2021

The Department of the Interior DOI is publishing this final rule to align its regulations with new regulatory citations and requirements adopted by the Office of Management and Budget OMB. On August 13, 2020, the OMB published a revision to their regulations regarding Guidance for Grants and Agreements. The revision was an administrative simplification and did not make any substantive changes to their regulations regarding policies and procedures. DOI now codifies these changes in its financial assistance regulations.
DATES: This final rule is effective on October 18, 2021.
FOR FURTHER INFORMATION CONTACT: Cara Whitehead, Director, Office of Grants Management, Department of the Interior, 1849 C Street NW, Mail Stop 3023 MIB, Washington, DC 20240; email Cara_Whitehead@ios.doi.gov; telephone 2022083100.
SUPPLEMENTARY INFORMATION:

administrative requirements, cost principles, and audit requirements for Federal awards, including grants and cooperative agreements. Implementation of the Uniform Guidance became effective on December 26, 2014 79 FR
75867, December 19, 2014 and must be reviewed every five years in accordance with 2 CFR 200.109. On August 13, 2020 85 FR 49506 as amended on February 22, 2021, in 86 FR 10439, the Office of Management and Budget OMB published a revision to sections of title 2 of the Code of Federal Regulations, Guidance for Grants and Agreements. The rule was an administrative simplification and did not make any substantive changes to 2
CFR part 200 policies and procedures.
DOI now codifies these changes in its financial assistance regulations located in 2 CFR part 1402. This rule helps ensure that financial assistance provided by the DOI is administered in full compliance with applicable laws, regulations, policies and best practices to ensure the American people get the most value from the money the DOI
spends on financial assistance.
The Administrative Procedure Act APA specifically provides exceptions to its notice and comment rulemaking procedures when an agency finds there is good cause to dispense with them, and incorporates the finding, and a brief statement of reasons therefore, in the rules issued 5 U.S.C. 553b3B.
Good cause exists when an agency determines that notice and public comment procedures are impractical, unnecessary, or contrary to the public interest. The amendments made in this final rule align DOI regulations with OMBs regulations. OMBs rule had a 60-day comment period and was determined to be not significant under Executive Order 12866. This final rule will be effective upon publication because it is unnecessary to further delay conforming DOIs regulations to OMBs regulations.

I. Background
II. Section-by-Section Analysis
On December 26, 2013, OMB
published its Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards referred to as the Uniform Guidance, 78 FR 78590. The OMB Uniform Guidance, 2 CFR part 200, provided a government-wide framework for Federal awards management and streamlined
DOI is revising its Financial Assistance Interior Regulation at 2 CFR
part 1402 for conformity with OMBs recent revisions to title 2. Specifically, DOI is correcting 2 CFR part 1402 to align with the OMB updates to the regulatory citations in the Uniform Guidance and new regulatory requirements. This section-by-section
This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF THE INTERIOR
Office of the Secretary 2 CFR Part 1402
DOI20200020; 201D0102DM, DS62600000, DLSN 00000.000000, DX62601
RIN 1090AB23

Financial Assistance Interior Regulation Office of the Secretary, Interior.
ACTION: Final rule; technical amendments.
AGENCY:

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analysis describes the changes to the regulatory text in numerical order.
A. Section 4 Uniform Guidance Definition Citation for Foreign Entity In 1402.4, DOI removes 2 CFR
200.46 and 200.47 and adds in its place 2 CFR 200.1.
B. Section 6 Uniform Guidance Definition Citation for Real Property In 1402.6, DOI removes 2 CFR
200.85 and adds in its place 2 CFR
200.1.
C. Section 112e Uniform Guidance Citation for Remedies for Noncompliance In 1402.112e, DOI removes 2 CFR
200.338 and adds in its place 2 CFR
200.339.
D. Section 206b Uniform Guidance Citation for Information Contained in a Federal Award In 1402.206b, DOI removes 2 CFR
200.210 and adds in its place 2 CFR
200.211.
E. Section 207 Uniform Guidance New Requirement for Never Contract With the Enemy In 1402.207, DOI adds the new requirement for Never Contract with the Enemy. This revision reflects OMBs changes made to 2 CFR part 200 on August 13, 2020. The Office of Management and Budget OMB added 2 CFR part 183, which contains a new requirement to Never Contract with the Enemy, which applies only to grants and cooperative agreements that exceed $50,000 and are performed outside the United States. In addition, this includes U.S. territories, to a person or entity that is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.
F. Sections 207 Uniform Guidance New Requirement for Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment In 1402.207, DOI adds the new requirement for Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
This revision reflects amendments made to 2 CFR 200 that became effective on August 13, 2020. In addition, OMB
added a new section, 2 CFR 200.216,
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