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51910 Federal Register/Vol. 70, No. 168 /Wednesday, August 31, 2005 /Rules and Regulations <br />OFFICE OF MANAGEMENT AND <br />BUDGET <br />2 CFR Part 225 <br />Cost Principles for State, Local, and <br />Indian Tribal Governments (OMB <br />Circular A-87) <br />AGENCY: Office of Management and <br />Budget <br />ACTION: Relocation of policy guidance to <br />2 CFR chapter II. <br />SUMMARY: The Office of Management <br />and Budget (OMB) is relocating Circular <br />A -87, "Cost Principles for State, Local, <br />and Indian Tribal Governments," to <br />Title 2 in the Code of Federal <br />Regulations (2 CFR), Subtitle A, Chapter <br />II, part 225 as part of an initiative to <br />provide the public with a central <br />location for Federal government policies <br />on grants and other financial assistance <br />and nonprocurement agreements. <br />Consolidating the OMB guidance and <br />co- locating the agency regulations <br />provides a good foundation for <br />streamlining and simplifying the policy <br />framework for grants and agreements as <br />part of the efforts to implement the <br />Federal Financial Assistance <br />Management Improvement Act of 1999 <br />(Pub. L. 106 -107). <br />DATES: This document is effective <br />August 31, 2005. This document <br />republishes the existing OMB Circular <br />A -87, which already is in effect. <br />FOR FURTHER INFORMATION CONTACT: Gil <br />Tran, Office of Federal Financial <br />Management, Office of Management and <br />Budget, telephone 202 - 395 -3052 <br />(direct) or 202 - 395 -3993 (main office) <br />and e -mail: Hai_M._Tran©omb.eop.gov. <br />SUPPLEMENTARY INFORMATION: On May <br />10, 2004 [69 FR 259701, we revised the <br />three OMB circulars containing Federal <br />cost principles. The purpose of those <br />revisions was to simplify the cost <br />principles by making the descriptions of <br />similar cost items consistent across the <br />circulars where possible, thereby <br />reducing the possibility of <br />misinterpretation. Those revisions, a <br />result of OMB and Federal agency <br />efforts to implement Public Law 106- <br />107, were effective on June 9, 2004. <br />In this document, we relocate OMB <br />Circular A -87 to the CFR, in Title 2 <br />which was established on May 11, 2004 <br />[69 FR 262761 as a central location for <br />OMB and Federal agency policies on <br />grants and agreements. <br />Our relocation of OMB Circular A -87 <br />does not change the substance of the <br />circular. Other than adjustments needed <br />to conform to the formatting <br />requirements of the CFR, this notice <br />relocates in 2 CFR the version of OMB <br />Circular A -87 as revised by the May 10, <br />2004 notice. <br />List of Subjects in 2 CFR Part 225 <br />Accounting, Grant administration, <br />Grant programs, Reporting and <br />recordkeeping requirements, State, <br />local, and Indian tribal governments. <br />Dated: August 8, 2005. <br />Joshua B. Bolten, <br />Director. <br />Authority and Issuance <br />■ For the reasons set forth above, the <br />Office of Management and Budget <br />amends 2 CFR Subtitle A, Chapter II, by <br />adding a part 225 as set forth below. <br />PART 225 —COST PRINCIPLES FOR <br />STATE, LOCAL, AND INDIAN TRIBAL <br />GOVERNMENTS (OMB CIRCULAR <br />A -87) <br />Sec. <br />225.5 Purpose. <br />225.10 Authority <br />225.15 Background <br />225.20 Policy. <br />225.25 Definitions. <br />225.30 OMB responsibilities. <br />225.35 Federal agency responsibilities. <br />225.40 Effective date of changes. <br />225.45 Relationship to previous issuance. <br />225.50 Policy review date. <br />225.55 Information Contact. <br />Appendix A to Part 225 — General Principles <br />for Determining Allowable Costs <br />Appendix B to Part 225— Selected Items of <br />Cost <br />Appendix C to Part 225— State /Local -Wide <br />Central Service Cost Allocation Plans <br />Appendix D to Part 225— Public Assistance <br />Cost Allocation Plans <br />Appendix E to Part 225 —State and Local <br />Indirect Cost Rate Proposals <br />Authority: 31 U.S.C. 503; 31 U.S.C. 1111; <br />41 U.S.C. 405; Reorganization Plan No. 2 of <br />1970; E.O. 11541, 35 FR 10737, 3 CFR, 1966- <br />1970, p. 939. <br />§ 225.5 Purpose. <br />This part establishes principles and <br />standards for determining costs for <br />Federal awards carried out through <br />grants, cost reimbursement contracts, <br />and other agreements with State and <br />local governments and federally - <br />recognized Indian tribal governments <br />(governmental units). <br />§225.10 Authority. <br />This part is issued under the authority <br />of the Budget and Accounting Act of <br />1921, as amended; the Budget and <br />Accounting Procedures Act of 1950, as <br />amended; the Chief Financial Officers <br />Act of 1990; Reorganization Plan No. 2 <br />of 1970; and Executive Order No. 11541 <br />( "Prescribing the Duties of the Office of <br />Management and Budget and the <br />Domestic Policy Council in the <br />Executive Office of the President"). <br />§225.15 Background. <br />As part of the government -wide grant <br />streamlining effort under Public Law <br />106 -107, Federal Financial Award <br />Management Improvement Act of 1999, <br />OMB led an interagency workgroup to <br />simplify and make consistent, to the <br />extent feasible, the various rules used to <br />award Federal grants. An interagency <br />task force was established in 2001 to <br />review existing cost principles for <br />Federal awards to State, local, and <br />Indian tribal governments; colleges and <br />universities; and non - profit <br />organizations. The task force studied <br />"Selected Items of Cost" in each of the <br />three cost principles to determine which <br />items of costs could be stated <br />consistently and /or more clearly. <br />§225.20 Policy. <br />This part establishes principles and <br />standards to provide a uniform <br />approach for determining costs and to <br />promote effective program delivery, <br />efficiency, and better relationships <br />between governmental units and the <br />Federal Government. The principles are <br />for determining allowable costs only. <br />They are not intended to identify the <br />circumstances or to dictate the extent of <br />Federal and governmental unit <br />participation in the financing of a <br />particular Federal award. Provision for <br />profit or other increment above cost is <br />outside the scope of this part. <br />§ 225.25 Definitions. <br />Definitions of key terms used in this <br />part are contained in Appendix A to this <br />part, Section B. <br />§225.30 OMB responsibilities. <br />The Office of Management and Budget <br />(OMB) will review agency regulations <br />and implementation of this part, and <br />will provide policy interpretations and <br />assistance to insure effective and <br />efficient implementation. Any <br />exceptions will be subject to approval <br />by OMB. Exceptions will only be made <br />in particular cases where adequate <br />justification is presented. <br />§225.35 Federal agency responsibilities. <br />Agencies responsible for <br />administering programs that involve <br />cost reimbursement contracts, grants, <br />and other agreements with <br />governmental units shall issue <br />regulations to implement the provisions <br />of this part and its appendices. <br />§ 225.40 Effective date of changes. <br />This part is effective August 31, 2005. <br />§ 225.45 Relationship to previous <br />issuance. <br />(a) The guidance in this part <br />previously was issued as OMB Circular <br />