Fiscal Year 2002 Private Stewardship Grants Program; Request for Grant Proposals and Final Policy and Implementation Guidelines

Federal RegisterOct 1, 2002

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

RIN 1018-AI56

Fiscal Year 2002 Private Stewardship Grants Program; Request for

Grant Proposals and Final Policy and Implementation Guidelines

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of request for proposals; announcement of final policy

and implementation guidelines.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are

soliciting project proposals for Federal assistance under the Private

Stewardship Grants Program (PSGP). This document describes how you can

apply for funding under the PSGP and how we will determine which

project proposals will be funded. Congress appropriated $10 million

from the Land and Water Conservation Fund in Fiscal Year 2002 for the

Service to establish the PSGP. The PSGP provides grants and other

assistance on a competitive basis to individuals and groups engaged in

private, voluntary conservation efforts that benefit species listed or

proposed as endangered or threatened under the Endangered Species Act

of 1973, as amended (Act), candidate species, or other at-risk species

on private lands within the United States.

DATES: Project proposals must be received by the appropriate Regional

Office (see Table 2 in SUPPLEMENTARY INFORMATION) no later than

December 2, 2002.

ADDRESSES: For additional information-contact the Service's Regional

Office that has the responsibility for the State or Territory in which

the proposed project would occur. The contact information for each

Regional Office is listed in Table 2 under SUPPLEMENTARY INFORMATION

below. Information on the PSGP is also available from the Branch of

Recovery and State Grants, U.S. Fish and Wildlife Service, 4401 N.

Fairfax Drive, Room 420, Arlington, VA 22203 or electronically at

http://endangered.fws.gov/grants/private--stewardship.html or e-mail:

[email protected].

To submit a project proposal--send your project proposals to the

Service's Regional Office that has the responsibility for the State or

Territory in which the proposed project would occur (see Table 2 under

SUPPLEMENTARY INFORMATION). You must submit one original and two copies

of the complete proposal. We will not accept facsimile project

proposals.

FOR FURTHER INFORMATION CONTACT: The Program Contact in the appropriate

Regional Office identified in Table 2 under SUPPLEMENTARY INFORMATION

or Martin Miller, Chief, Branch of Recovery and State Grants (703/358-

2061).

SUPPLEMENTARY INFORMATION:

Background

The majority of endangered and threatened species depend, at least

in part, upon privately owned lands for their survival. The help of

landowners is essential for the conservation of these and other

imperiled species. Fortunately, many private landowners want to help.

Often, however, the costs associated with implementing conservation

actions are greater than a landowner could undertake without financial

assistance. The President's Budget for Fiscal Year 2002 requested

funding to address this need and Congress responded by appropriating

$10 million from the Land and Water Conservation Fund for the Service

to establish the PSGP. The PSGP provides grants or other Federal

assistance on a competitive basis to individuals and groups engaged in

private, voluntary conservation efforts that benefit species listed or

proposed as endangered or threatened under the Act, candidate species,

or other at-risk species on private lands within the United States.

We are soliciting project proposals for Federal assistance under

the PSGP. This document describes how you can apply for funding under

the PSGP and how we will determine which project proposals will be

funded. On June 7, 2002, we published in the Federal Register (67 FR

39419) our plan to implement the PSGP and solicited comments. As a

result of the comments received, a number of changes have been made to

the implementation guidelines. The following sections explain the PSGP.

The first, Final Program Implementation Guidelines, includes the

project eligibility criteria, the project selection process, and the

instructions on how to apply for PSGP grants. The second, Summary of

Comments and Recommendations, responds to the comments we received on

the proposed implementation guidelines. The third, Required

Determinations, addresses the regulatory requirements associated with

issuing the final PSGP implementation guidelines.

I. Final Program Implementation Guidelines

As a result of comments received, we have made a number of changes

in the implementation guidelines. Therefore, we encourage you to read

the entire document before preparing a project proposal. We have

revised the scoring system used to evaluate projects, provided

substantially more guidance on submitting a project proposal, and

clarified the eligibility criteria.

What Types of Projects May Be Funded?

Eligible projects include those by landowners and their partners

who need technical and financial assistance to improve habitat or

implement other activities on private lands for the benefit of

endangered, threatened, proposed, candidate, or other at-risk species

(plants and animals). Under the PSGP, privately owned means land that

is not owned by a governmental entity.

For information on which species are endangered, threatened,

proposed, or candidates, please visit the Service's Internet site at

http://endangered.fws.gov/wildlife.html. For the purposes of the PSGP,

an ``at-risk species'' is any species formally recognized as a species

of conservation concern, such as species listed by a State or

Territory. We recommend that you contact your State natural resources

agency to determine which species are recognized as species of

conservation concern (e.g., State listed as endangered, threatened,

special concern, or other similar designations). If your State does not

identify species of conservation concern or in addition to those

species identified by the State, we will also consider any species or

subspecies listed by NatureServe as ``critically imperiled''

(designated by rank ``G1'' or ``T1''), ``imperiled'' (designated by

rank ``G2'' or ``T2''), or ``vulnerable'' (designated by rank ``G3'' or

``T3'') to be an at-risk species for the purposes of the PSGP. For

information on NatureServe rankings, please visit their Internet site

at http://www.natureserve.org/explorer/.

The PSGP supports on-the-ground conservation actions as opposed to

planning or research activities. Examples of the types of projects that

may be funded include managing nonnative competitors, reintroducing

imperiled species, implementing measures to minimize risk from disease,

restoring streams that support imperiled species, erecting fencing to

exclude animals from sensitive habitats, or planting native vegetation

to restore a rare plant community. This is not an exhaustive list of

the various projects that may be funded under the PSGP. We recognize

that there is a multitude of ways to benefit imperiled species

conservation on private lands. While we will not fund the acquisition

of real property either through fee title or easements, we are not

excluding any

[[Page 61650]]

other approach from consideration so long as it can demonstrate

tangible on-the-ground benefits to the imperiled species in question

and meets the other eligibility criteria established for the PSGP.

Who Can Apply for PSGP Grants?

Private landowners, individually or as a group, are encouraged to

submit project proposals for their properties. Additionally,

individuals or groups (for example land conservancies, community

organizations, or conservation organizations) working with private

landowners on conservation efforts are also encouraged to submit

project proposals provided they identify specific private landowners

who have confirmed their intent to participate on the project or

provide other evidence in the project proposal to demonstrate landowner

participation will occur. In order to receive funding, projects will

need to ensure that landowners are willing to allow the Service access

to the project area in order to check on its progress when necessary.

State government agencies are not eligible to receive PSGP funding

(including as a subrecipient). The Service has established a separate

program specifically designed to facilitate State government

partnerships with private landowners, the Landowner Incentive Program.

State agencies are encouraged to assist landowners in developing PSGP

project proposals, to provide cost share when feasible, or to

participate in other ways on project implementation. However, State

agencies are not eligible to apply for PSGP funding directly.

Other non-Federal governmental entities or affiliates, including

Counties or other local governments or State-supported universities,

are eligible to apply for PSGP funding in order to assist private

landowners in planning and implementing a project. As with other groups

that apply on behalf of the private landowners, they must identify

specific private landowners who have confirmed their intent to

participate on the project or provide other evidence in the project

proposal to demonstrate that landowner participation will occur.

Eligibility Criteria

The following criteria must be satisfied for a proposal to be

considered for funding:

(1) The project must involve voluntary conservation efforts on

behalf of private landowners within the United States (i.e., U.S.

States and Territories). As a voluntary program, we will not grant

funding for projects that serve to satisfy regulatory requirements of

the Act, including complying with a biological opinion under section 7

of the Act or fulfilling commitments of a Habitat Conservation Plan

under section 10 of the Act, or for projects that serve to satisfy

other local, State, or Federal regulatory requirements (e.g.,

mitigation for local, State, or Federal permits).

(2) The project must benefit species listed as endangered or

threatened under the Act by the Service, species proposed or designated

as candidates for listing by the Service, or other at-risk species that

are native to the United States. We will not award grants to fund the

acquisition of real property either through fee title or easements.

However, habitat improvements over and above any existing requirements

for lands covered under current easements or other such conservation

tools would be considered eligible for funding.

(3) The proposal must include at least 10 percent cost sharing

(i.e., at least 10 percent of total project cost) on the part of the

landowner or other non-Federal partners involved in the project (the

cost-share may be an in-kind contribution, including equipment,

materials, operations, and maintenance costs). The cost share must come

from sources other than the PSGP or other Federal funds.

(4) The proposal must either identify at least some of the specific

landowners who have confirmed their intent to participate in the

private conservation efforts (not all participating landowners need to

be identified at the time of the proposal submission) or provide other

information to demonstrate that the project, if funded, would have full

landowner participation.

(5) The proposal must include a reasonably detailed budget

indicating how the funding will be used and how each partner is

contributing. A project begins on the effective date of an award

agreement between you and an authorized representative of the U.S.

Government and ends on the date specified in the award. Accordingly, we

cannot reimburse you for time that you expend or costs that you incur

in developing a project or preparing the application, or in any

discussions or negotiations you may have with us prior to the award. We

will not accept such expenditures as part of your cost share. We will

also not consider fees or profits as allowable costs in your

application. The total costs of a project consist of all allowable

costs you incur, including the value of in-kind contributions, in

accomplishing project objectives during the life of the project. The

costs proposed to be funded through the PSGP may not exceed 90 percent

of the total costs.

(6) The proposal must include quantifiable measures that can be

used to evaluate the project's success. These quantifiable measures

must be specific, clear, and provide demonstrable benefits to the

target species such as increased habitat quantity or quality. The

project proposal should specify in detail how the habitat quantity or

quality will be improved (e.g., acres, species, etc.) and the

anticipated use of that habitat by the target species (e.g., numbers,

duration, etc.). For example, a proposal might specify the number of

acres restored by planting specific native plants and the number of

breeding pairs of the target species that are anticipated to use the

restored habitat. Proposed methods of monitoring, evaluating, and

reporting these measures in comparison to an initial baseline should

also be included in the proposal.

How Does the PSGP Work?

Interested individuals and groups prepare proposals that describe

their project and its benefits for the target species. See ``Project

Proposals'' below for additional information. Proposals will compete at

a Regional level for funding. We have established targets for the

amount of funding that will be available for grants within each of the

Service's Regions. These targets are based 50 percent on the number of

acres of non-Federal land, as a representation of the amount of private

land within each Region, and 50 percent on the number of listed,

proposed, candidate, and a sample of the other at-risk species in each

Region (see Table 1 for regional funding targets).

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Table 1.--Service Regions and Funding Target for Grants in each Region

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Total funding

target for

Region States and territories grants within

region

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Region 1 (Pacific)............................ California, Hawaii, Idaho, Oregon, Washington, $2,821,859

Nevada, American Samoa, Guam, and Commonwealth

of the Northern Mariana Islands.

Region 2 (Southwest).......................... Arizona, New Mexico, Oklahoma, and Texas........ 1,490,457

Region 3 (Great Lakes-Big Rivers)............. Illinois, Indiana, Iowa, Michigan, Minnesota, 942,981

Missouri, Ohio, and Wisconsin.

Region 4 (Southeast).......................... Alabama, Arkansas, Florida, Georgia, Kentucky, 1,723,690

Louisiana, Mississippi, North Carolina, South

Carolina, Tennessee, Puerto Rico, and the U.S.

Virgin Islands.

Region 5 (Northeast).......................... Connecticut, Delaware, District of Columbia, 634,151

Maine, Maryland, Massachusetts, New Hampshire,

New Jersey, New York, Pennsylvania, Rhode

Island, Vermont, Virginia, and West Virginia.

Region 6 (Mountain-Prairie)................... Colorado, Kansas, Montana, Nebraska, North 1,413,886

Dakota, South Dakota, Utah, and Wyoming.

Region 7 (Alaska)............................. Alaska.......................................... 472,976

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The Service will award grants for actions and activities that

protect and restore habitats that benefit federally listed, proposed,

or candidate species, or other at-risk species on private lands.

Additionally, the Service, in cooperation with the grantees, must

address Federal compliance issues, such as the National Environmental

Policy Act, the National Historic Preservation Act, and the Endangered

Species Act. For the projects that are selected to receive funding, we

will provide additional guidance on compliance with these requirements.

The final exact amount of funds, the scope of work, and terms and

conditions of a successful award will be determined in pre-award

negotiations between the prospective recipient and the Service's

representatives. The prospective recipient will be asked to sign an

agreement that specifies the project requirements, such as the cost

share, the project design, the time commitment for maintaining the

project's benefits, and the reporting requirements, and that provides

for Service access to the project area in order to check on its

progress. In order to receive funding, prospective recipient will also

need to provide assurances and certifications of compliance with other

Federal requirements (for example see Standard Form 424-B and

Department of the Interior form DI-2010 available at http://

www.nctc.fws.gov/fedaid/toolkit/formsfil.pdf). The recipient is

reimbursed based on the cost-sharing formula in the Agreement. You

should not initiate your project in expectation of PSGP funding until

you receive the final grant award document signed by an authorized

Service official.

How To Apply for a PSGP Grant

You must follow the instructions in this document in order to apply

for financial assistance under the PSGP. For a description of the

information that must be included in a project proposal, please see the

``The PSGP Project Proposal'' section below. Your project proposal

should not be bound in any manner and must be printed on one side only.

You must submit one signed original and two signed copies of your

project proposal (including supporting information). Your unbound (a

binder clip is allowed) project proposal must be received by the

appropriate Regional Office listed in Table 2 by December 2, 2002. We

encourage you to contact the Regional contact person listed in Table 2

prior to submitting a project proposal should you have questions

regarding what information must be submitted with the project proposal.

An incomplete proposal will not be considered for funding.

Table 2.--Where To Send Project Proposals and List of Regional Contacts

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States or territory where the Where to send your PSGP

Service region project will occur project proposal Regional PSGP contact and phone No.

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Region 1.............................. Hawaii, Idaho, Oregon, Regional Director, U.S. Fish Heather Hollis (503/231-6241).

Washington, American Samoa, and Wildlife Service,

Guam, and Commonwealth of the Eastside Federal Complex,

Northern Mariana Islands. 911 N.E. 11th Avenue,

Portland, OR 97232-4181.

Region 1.............................. California and Nevada......... Office Manager, U.S. Fish and Miel Corbett (916/414-6464).

Wildlife Service, Federal

Building, 2800 Cottage Way,

Room W-2606 Sacramento, CA

95825-1846.

Region 2.............................. Arizona, New Mexico, Oklahoma, Regional Director, U.S. Fish Susan MacMullin (505/248-6671).

and Texas. and Wildlife Service, 500

Gold Avenue SW., Room 4012,

Albuquerque, NM 87102.

Region 3.............................. Illinois, Indiana, Iowa, Regional Director, U.S. Fish Peter Fasbender (612/713-5343).

Michigan, Minnesota, and Wildlife Service, Bishop

Missouri, Ohio, and Wisconsin. Henry Whipple Federal,

Building One, Federal Drive,

Fort Snelling, MN 55111-4056.

[[Page 61652]]

Region 4.............................. Alabama, Arkansas, Florida, Regional Director, U.S. Fish Noreen Walsh (404/679-7085).

Georgia, Kentucky, Louisiana, and Wildlife Service, 1875

Mississippi, North Carolina, Century Boulevard, Suite

South Carolina, Tennessee, 200, Atlanta, GA 30345.

Puerto Rico, and the U.S.

Virgin Islands.

Region 5.............................. Connecticut, Delaware, Regional Director, U.S. Fish Diane Lynch (413/253-8628).

District of Columbia, Maine, and Wildlife Service, 300

Maryland, Massachusetts, New Westgate Center Drive,

Hampshire, New Jersey, New Hadley, MA 01035-9589.

York, Pennsylvania, Rhode

Island, Vermont, Virginia,

and West Virginia.

Region 6.............................. Colorado, Kansas, Montana, Regional Director, U.S. Fish Patty Worthing (303/236-7400 ext. 251).

Nebraska, North Dakota, South and Wildlife Service, P.O.

Dakota, Utah, and Wyoming. Box 25486, Denver Federal

Center, Denver, CO 80225-

0486.

Region 7.............................. Alaska........................ Regional Director, U.S. Fish Susan Detwiler (907/786-3868).

and Wildlife Service, 1011

East Tudor Road, Anchorage,

AK 99503-6199.

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The PSGP Project Proposal

The project proposal is a narrative description of your project and

one required Federal form. The ultimate size of the proposal will

depend on its complexity, but we request that you attempt to minimize

the size of the narrative description of the proposal. Each page should

be no larger than 8.5 by 11 inches. You will need to submit an original

proposal and two copies; neither the original nor the copies should be

permanently bound. A complete application package with detailed

instructions and supplementary information can be found at our Internet

site: http://endangered.fws.gov/grants/private--stewardship.html.

The project proposal should also indicate whether partial funding

of the project is practicable, and, if so, what specific portion(s) of

the project could be implemented with what level of funding. A project

proposal that is a part of a longer-term initiative will be considered;

however, the proposed project's objectives, benefits, and tasks must

stand on their own, as there are no assurances that additional funding

would be awarded in subsequent years for associated or complementary

projects.

The Service, the Department of the Interior, and the Office of

Management and Budget have established requirements concerning Federal

financial assistance. This includes established principles for

determining which costs are allowable or eligible based on the type of

applicant (see ``Administrative Requirements'' below). Your project

proposal must comply with these requirements.

The narrative description of your project proposal should

specifically address each of the eligibility criteria and each of the

ranking factors. We recommend the following format for the project

narrative--

(1) Title Page. You should list on the Title Page a project title,

objectives, duration, summary of costs (amounts of PSGP funding needed

and cost sharing), and contact information (name, address and phone

number).

(2) Project Description. The project proposal must identify which

species will benefit, how they will benefit from the project, and

describe the project's significance to each target species (goals and

objectives for the project). We also encourage applicants to describe

how the location of the project and its role in the landscape affect

the conservation of the target species. The proposal must either

identify at least some of the specific landowners who have confirmed

their intent to participate in the private conservation efforts or

provide other information to demonstrate that the project, if funded,

would have full landowner participation. Explain why you need

government financial assistance for the proposed work. List all other

sources of funding you have or are seeking for the project. List any

existing Federal, State, Tribal, or local government programs or

activities that this project would affect.

(3) Project statement of work. The statement of work is an action

plan of activities you will conduct during the period of the project.

You must prepare a detailed narrative, fully describing the work you

will perform to achieve the project goals and objectives. The narrative

should respond to the following questions:

(a) What is the project design? What specific work, activities, and

procedures will you undertake?

(b) Who will be responsible for carrying out the various

activities? Describe how the project will be organized and managed.

Identify the person(s) responsible for the project and other project

participants.

(c) What are the project milestones? Each project should first

clearly describe the base-line conditions as they exist prior to

project implementation. List milestones, describing the specific

activities and associated time lines to conduct the scope of work.

Describe the time lines in increments (e.g., month 1, month 2), rather

than by specific dates.

(d) Specify the criteria and procedures that you will use to

evaluate the relative success or failure of a project in achieving its

objectives.

(e) For what amount of time will you commit to maintain the habitat

improvements or other benefits from the project? Describe the steps you

will take to ensure that the benefits of the project continue

throughout this time period.

(4) Project Budget. You must submit a reasonably detailed budget

for the project. The budget should indicate the breakdown of costs

proposed to be funded through the PSGP and other costs, through both

cash and in-kind contributions. To support your project's budget, also

describe briefly the basis for estimating the value of the cost sharing

derived from in-kind contributions.

(5) Supporting Documentation. You should include any relevant

documents and additional information (maps, background documents) that

will help

[[Page 61653]]

us to understand the project and the problem/opportunity you seek to

address.

One Federal form, Standard Form-424 ``Application for Federal

Assistance,'' must also be completed and submitted with your project

narrative description. Detailed instructions for filling out this form

are included in the application package available on our Internet site

at: http://endangered.fws.gov/grants/private--stewardship.html or see

FOR FURTHER INFORMATION CONTACT above. This form is also available on

the Internet at http://www.gsa.gov/forms/, at http://www.nctc.fws.gov/

fedaid/toolkit/toolkit.pdf, or from the Regional PSGP Contact Person.

Administrative Requirements

Listed in the table below are the administrative requirements that

will apply to your project if funded through the PSGP. The documents

listed below establish principles for determining which costs are

allowable or eligible (``cost principles'') and describe other

requirements that apply to receiving PSGP funding. These requirements

apply to recipients and subrecipients of PSGP funding. In some cases,

the requirements vary depending upon the type of organization receiving

the funding or that is a subrecipient of the funding. Each of these

documents can be found at our Internet site: http://endangered.fws.gov/

grants/private--stewardship.html. For projects that are selected for

funding, we will also offer additional technical assistance to

facilitate the prospective recipients' understanding of the financial

requirements.

Table 3.--Administrative Requirements for PSGP Funding Awards

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Category Specific requirements

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Individuals, private firms, and * Federal Acquisition Regulation

other non-profits excluded from Subpart 31.2.

coverage under OMB Circular No. A- * 43 CFR 18 (New Restrictions on

122. Lobbying).

* 48 CFR 31 (Contracts with

Commercial Organizations).

Non-Profit Organizations covered * 43 CFR 12 (Administrative and

under OMB Circular No. A-122. Audit Requirements and Cost

Principles for Assistance

Programs).

* 43 CFR 18 (New Restrictions on

Lobbying).

* OMB Circular No. A-110

(Administrative Requirements for

Grants).

* OMB Circular No. A-122 (Cost

Principles).

* OMB Circular No. A-133 (Audits).

Educational Institutions (even if * 43 CFR 12 (Administrative and

part of a State or local Audit Requirements and Cost

government). Principles for Assistance

Programs).

* 43 CFR 18 (New Restrictions on

Lobbying).

* OMB Circular No. A-21 (Cost

Principles).

* OMB Circular No. A-110

(Administrative Requirements for

Grants).

* OMB Circular No. A-133 (Audits).

States, local governments, and * 43 CFR 12 (Administrative and

Indian Tribes. Audit Requirements and Cost

Principles for Assistance

Programs).

* 43 CFR 18 (New Restrictions on

Lobbying).

* OMB Circular No. A-87 (Cost

Principles).

* OMB Circular No. A-102 (Grants and

Cooperative Agreements).

* OMB Circular No. A-133 (Audits).

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Who Can Help Plan and Implement a Project?

The Service may be able to assist landowners in planning or

implementing projects. Through multiple programs, we offer a variety of

expertise to assist landowners in planning and implementing projects on

private lands. Among others, the Service's Endangered Species program

and the Fish and Wildlife Management and Habitat Restoration program

have worked hand-in-hand with a variety of partners on private lands.

The Service's ability to assist landowners will depend upon the type of

project proposed and an assessment of how the project fits into our

existing workloads and priorities. Due to the limited time available

for such assistance, it may be necessary to submit the project proposal

for funding under a future PSGP Request for Proposals. For additional

information on how the Service may be able to assist you, contact the

Program Contact in the appropriate Regional Office identified in Table

2. Information is also available from the Service's Internet site at

www.fws.gov.

In addition, many other Federal, State, Territory, or Tribal

agencies, as well as conservation organizations, work closely with

landowners and may be able to assist with planning and implementing a

project. Local governments, such as your county or city, may also have

personnel that could assist you in developing a project proposal.

For general guidance on developing and writing grant proposals, see

the Catalog of Federal Domestic Assistance's Internet site at http://

www.cfda.gov/public/cat-writing.htm.

How Will Proposals Be Selected?

Proposals will compete at a Regional level for funding. Within each

Region, a diverse panel of representatives from State and Federal

government, conservation organizations, agriculture and development

interests, and the science community will assess the applications and

make funding recommendations to the Service. The Service's Regional

Offices will invite and select the individuals to participate on the

panels. The purpose of using the diverse panels is to obtain individual

advice on project selection from an array of interests involved with

conservation efforts on private lands. The Service will use the

individual panel member recommendations in selecting projects, although

geographic distribution of projects, the amount of funding requested

for a project compared with the total amount of funding available, and

other such factors may also be considered. Partial funding of one or

more projects, when practicable, may be considered. After reviewing the

individual panel member recommendations and the other factors, the

Service's Director will make funding selections, subject only to the

final approval of the Assistant Secretary for Fish and Wildlife and

Parks.

Members of each diverse panel will individually score each proposal

based on a set of ranking factors, which include (1) the number of

endangered or threatened species, species proposed or

[[Page 61654]]

candidates for such listing, and at-risk species that will benefit from

the project; (2) the importance of the project to the conservation of

those species, including the duration of the benefits, the magnitude of

the benefits, and the urgency of the project; and (3) other proposal

merits, such as whether the project complements other conservation

projects in the area, the project's unique qualities, feasibility of

the project, or any other appropriate justifications, including

particular strengths in the above categories (e.g., extraordinary

benefits).

Due to the wide variety of project proposals that will likely be

submitted, the scoring system must provide a relatively high degree of

flexibility. Therefore, a scoring system that is relatively simple, but

allows project proposals to be evaluated qualitatively as well as

quantitatively is desired. The three ranking factors will be scored as

described in Table 4 below.

Table 4.--Project Proposal Scoring Guidelines

[10 points maximum]

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Project proposal Number of

Ranking factor assessment points

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(1) The number of federally 5 or fewer species........ 1

listed, proposed, candidate, 6 or more species......... 2

or at-risk species that will

directly benefit from the

project.

(2) The importance of the Qualitative............... 1-5

project to the conservation of

the target species, including

the duration of the benefits,

the magnitude of the benefits,

and the urgency of the project.

(3) Other Proposal Merits. Qualitative............... 0-3

Whether the project

complements other projects in

the area, the project's unique

qualities, feasibility of the

project, or any other

appropriate justifications,

including particular strengths

in the above categories (e.g.,

extraordinary benefits).

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How Does the PSGP Further the Mission of the Service?

President Bush has launched a new strategy for improving the

management and performance of the Federal Government. The PSGP will

reflect the President's strategy and embody the Secretary's commitment

to citizen-centered government around ``four Cs': Conservation through

Cooperation, Consultation, and Communication.

The quantifiable measures required of each proposal to be eligible

under the PSGP will help achieve the overall goal of the program to

conserve endangered, threatened, or other at risk species. Through this

program, private, voluntary conservation efforts will help the Service

meet its Long-Term and Annual Performance Goals as expressed in the

Service's Annual Performance Plan. In accordance with the Government

Performance and Results Act of 1993 (31 U.S.C. 1115), the Service

prepares a Strategic Plan. This plan describes the Service's

performance goals and measures. The eligibility criteria, selection

factors, and reporting requirements in the PSGP ensures that the

projects funded maximize progress toward our goals and measures. Among

others, the PSGP furthers the Service's goals for conserving imperiled

species (Long-term Goal 1.2--Through 2005, 404 species listed under the

Act as endangered or threatened a decade of more are either stable or

improving, 15 species are delisted due to recovery, and listing of 12

species at risk is made unnecessary due to conservation agreements) and

habitat conservation (Long-term Goal 2.3-By 2005, improve fish and

wildlife populations focusing on trust resources, threatened and

endangered species, and species of special concern by enhancing and/or

restoring or creating 550,000 acres of wetlands habitat, restoring

1,000,000 acres of upland habitats, and enhancing and/or restoring

9,800 riparian or stream miles of habitat off-service lands through

partnerships and other identified conservation strategies) as described

in the Service's strategic plan. Information on the Service's strategic

plans and performance reports are available on the Service's Internet

site at http://planning.fws.gov/. These Service goals support the

Department of the Interior's Long-term goals as identified in the Draft

Strategic Plan. Specifically, Resource Protection Goals 1.1 (Improve

health of watersheds and landscapes) and 1.2 (Sustain biological

communities).

II. Summary of Comments and Recommendations

In response to our request for comments on the draft policy, we

received letters from 26 entities. All comments received have been

reviewed. Overall, almost all respondents expressed appreciation for

the PSGP. Many offered valuable suggestions for improving or clarifying

specific sections of the final implementation guidelines. Some minor

editorial and other changes in the text were suggested; these comments

are not included in the following analysis but all were considered, and

many of the minor changes were included in the final guidelines. The

comments and responses are presented below and are grouped topically.

Comments on General Program Implementation

Comment 1: Many commenters stated their support for the PSGP and

the use of incentive-based approaches for conserving imperiled species.

Response 1: We appreciate these comments and look forward to

working with interested parties in helping to notify landowners of the

opportunities available through the PSGP.

Comment 2: Several commenters stated that the $10 million for the

PSGP was not sufficient to meet the demand for project funding.

Response 2: We believe that this level of funding is appropriate to

initiate the PSGP, but agree that demand may exceed this funding level

in the future. As the PSGP develops, we will reevaluate our funding

level requests.

Comment 3: Several commenters recommended that we find ways to make

the PSGP process simple in order to encourage the voluntary

participation by landowners. Several commenters recommended that the

Service keep the program flexible and not restrict landowners beyond

that which is

[[Page 61655]]

necessary to successfully implement the project.

Response 3: We have attempted to make the PSGP as simple and as

flexible as possible, while meeting the established requirements for

awarding Federal financial assistance. As we gain experience

implementing the PSGP, we will continue to look for ways to make the

program more user friendly.

Comment 4: Three commenters recommended that projects be based on

the best available scientific and commercial information available.

Response 4: We agree that, to the extent practicable, projects

should incorporate the best available scientific and commercial

information. When assisting prospective applicants in developing

project proposals, we will assist them in making use of the best

information available. Additionally, the use of the best science will

be considered in the selection process. However, we do not believe it

is necessary to stipulate this as an eligibility requirement for a

proposal to be considered for funding. There may be project proposals

submitted that would provide substantial benefits, but that could be

improved with modifications to the project design or methods.

Therefore, for projects that are selected for funding the Service will

work with the prospective recipient to ensure the scope of work and the

terms and conditions for the project incorporate the best available

scientific information.

Comment 5: Several commenters suggested additions to the PSGP

implementation plan, including issuing multiple Requests for Proposals,

awarding grants quickly, developing application and reporting forms,

setting aside funding to allow for monitoring and evaluation,

establishing a tracking system for project implementation, and

expanding State, Tribal, and stakeholder participation in the program

development process.

Response 5: We appreciate these well-reasoned suggestions and have

incorporated them to the extent feasible for this first year of

implementing the program. As we gain additional experience, we will

consider ways to further incorporate these suggestions.

Comment 6: One commenter stated that it is important to document

success stories and report those successes to Congress and the media to

promote the cooperative conservation ethic.

Response 6: We agree that it is critically important that we share

the successes of the PSGP, and we will make every effort to do so.

Comment 7: One commenter stated that we should integrate PSGP into

the Landowner Incentive Program (LIP) and have it administered by the

Service's Federal Aid program. Another commenter recommended that the

PSGP be implemented through the Service's Partners for Fish and

Wildlife program in cooperation with the States. Conversely, another

commenter stated support for private landowners being able to apply

directly to the Federal Government for a grant.

Response 7: Conserving species on private lands requires a multi-

faceted approach that is exemplified by the PSGP and the LIP. These

programs provide opportunities for landowners to work cooperatively

with the Service, the States and Territories, and the Tribes. Some

private landowners will want to work directly with the Service. For

others, working with the State, Territory, or Tribe will best meet

their needs. In all cases, these programs will enhance relationships

with our partners and offer a diversity of approaches for addressing

important habitat needs for imperiled species. The Service's Federal

Aid program works primarily with State agencies, rather than directly

with landowners. The Service's Partners for Fish and Wildlife program

will be involved in implementing the PSGP. We will also continue to

look for ways to improve the coordination of the PSGP with other

Federal assistance programs.

Comment 8: One commenter stated that the Service should provide

assurances that information provided to the agency will not be

disseminated to others for use in ways unrelated to the project (by law

enforcement personnel or to the public under the Freedom of Information

Act). Other commenters stated that information generated by the PSGP

should be readily available to the public.

Response 8: The commenter's concern with the confidentiality of

information made available to the Service under the PSGP is

understandable. Private landowners are often apprehensive that

compliance with applicable Federal statutes may affect some land uses.

In deciding whether to participate in the PSGP, prospective applicants

should carefully consider the potential legal obligations that the

landowner may face by attracting or increasing listed species or

species that may become listed on their property. For those landowners

where such concerns would preclude your participation in the PSGP, we

encourage you to speak to the Service's PSGP contact person about the

potential for the development of a Safe Harbor Agreement or a Candidate

Conservation Agreement with Assurances for your project. Safe Harbor

Agreements encourage voluntary management for listed species to promote

recovery on non-Federal lands by giving assurances to the landowners

that no additional future regulatory restrictions will be imposed under

most circumstances. Candidate Conservation Agreements with Assurances

provide incentives for non-Federal property owners to conserve

candidate species, thus potentially making listing unnecessary and

providing regulatory assurances in the event the species is listed. The

feasibility of including these types of agreements will depend upon the

proposed project and whether the landowner is willing to meet the

additional requirements for such agreements.

Project proposals under the PSGP are subject to Freedom of

Information Act requirements and will be reviewed by non-Service staff.

Applicants may request that we withhold specific information from

release outside the agency, which we will honor to the extent allowable

by law. If you wish us to withhold specific personal or proprietary

information, you must identify which information is to be withheld and

state this request prominently at the beginning of your proposal.

Comment 9: One commenter asked that we clarify how we determined

the number of at-risk species used to establish the Regional funding

targets.

Response 9: We used the number of species and subspecies within

each Region that were not listed, proposed, or candidates, but that

were ranked by NatureServe as ``critically imperiled,'' ``imperiled,''

or ``vulnerable.'' Additional discussion on ``at-risk'' species is

included in the ``What types of projects may be funded?'' section

above. The number of species or subspecies for each Region at the time

we prepared the Fiscal Year 2002 allocation targets is included below

in Table 5.

[[Page 61656]]

Table 5.--Number of Species or Subspecies by Service Region With No Federal Status and Ranked by NatureServe as

``Critically Imperiled, Imperiled, or Vulnerable'' as of September 30, 2001

----------------------------------------------------------------------------------------------------------------

Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 Region 7

----------------------------------------------------------------------------------------------------------------

4,374 2,024 444 1,810 637 1,430 286

----------------------------------------------------------------------------------------------------------------

Comments Related to the Eligibility Criteria

Comment 10: Two commenters recommended that the program focus on

ecosystems or communities that consider an array of species, or

projects at the eco-regional scale as opposed to focusing on

individual, targeted species.

Response 10: In evaluating the merits of a project, we will

consider the larger conservation context in which the project would

occur. Thus projects that have greater benefits in the sense that they

address the needs of multiple species or that are part of a larger

conservation planning effort will in general score higher than projects

that do not provide such benefits. However, we do not believe it is

necessary to revise the eligibility criteria to exclude species-

specific projects or to make the required scale of a project beyond the

ability of willing private landowners. Some of the most important and

most cost-effective projects for conserving an imperiled species are

those done by a single landowner or a few landowners located in key

portions of a species' range. Additionally in some cases, efforts to

conserve a single or a small number of species can have significant

benefits for the entire natural community.

Comment 11: Many commenters recommended that we should better

define which species are considered at-risk and one commenter stated

that the State fish and wildlife agency should be consulted in

determining which species are at-risk.

Response 11: We have provided additional clarification on how to

determine which species are considered at-risk for the purposes of the

PSGP (see also ``What types of projects may be funded?'' above). We

encourage prospective applicants to contact their State fish and

wildlife agency to ascertain whether their State designates species

that are of conservation concern (e.g., State listed as endangered,

threatened, special concern, or other similar designations). If your

State does not identify species of conservation concern or in addition

to those species identified by the State, we will also consider any

species or subspecies listed by NatureServe as ``critically imperiled''

(designated by rank ``G1'' or ``T1''), ``imperiled'' (designated by

rank ``G2'' or ``T2''), or ``vulnerable'' (designated by rank ``G3'' or

``T3'') to be an at-risk species. For information on NatureServe

rankings, please visit their Internet site at http://

www.natureserve.org/explorer/.

Comment 12: One commenter suggested that, given the limited funding

available for projects, we not include at-risk species in the PSGP.

Other commenters encouraged the consideration of ``at-risk'' species.

Response 12: We understand the commenter's concern over the limited

funding for the PSGP and acknowledge that there are many listed species

for which projects on private lands are needed. However, we also

recognize that projects for at-risk species have the potential to

provide large benefits as well and not only for the at-risk species.

Early conservation efforts preserve management options, minimize the

cost of recovery, and reduce the potential for restrictive land use

policies in the future. Addressing the needs of species before the

regulatory restrictions associated with listed species come into play

often allows greater management flexibility to stabilize or restore

these species and their habitats. This cost-effective approach also

benefits species already listed by freeing up additional resources for

their recovery.

Comment 13: Three commenters recommended that we establish a cap on

the amount that could be funded in any single grant.

Response 13: We will consider establishing a cap on the amount of

the awards in future years. However, we would first like to see the

range of projects that are submitted in order to establish a context

for an appropriate cap size and to enable further consideration of how

a cap would affect the quality of the projects that are ultimately

funded.

Comment 14: One commenter stated that partial funding often creates

more problems than it solves.

Response 14: We recognize that partial funding can complicate the

awards process and that for some projects partial funding is not

appropriate. However, when fully funding the project is not currently

practicable, we will consider providing partial funding. For example,

the scale of some projects may be reduced in order to allow the

efficacy of the efforts to be more fully evaluated prior to fully

funding the project. In other cases, project components may have

discrete benefits that would warrant individual funding. As described

above in ``The PSGP Project Proposal,'' we request that applicants

indicate in the project proposal whether partial funding of the project

is practicable, and, if so, what specific portion(s) of the project

could be implemented with what level of funding. We will award partial

funding only where we believe it is clearly beneficial to do so. We

will work with the recipient of the funding to clearly delineate what

portion of the project is being funded and ensure the terms and

conditions of the award are appropriate for the funding provided.

Comment 15: Two commenters indicated that a 10 percent cost share

was reasonable. Two other commenters stated that the level of cost

share should not be included in the project ranking system or should be

deleted as an eligibility requirement. One commenter recommended that

the State should provide the 10 percent match.

Response 15: We believe the 10 percent cost share is reasonable,

and given that it may be met with an in-kind contribution to the

project, is unlikely to inhibit the participation of interested

landowners. While some States may choose to assist landowners with the

cost share, we believe that the PSGP should be flexible and not specify

only one source for the cost share. After additional consideration, we

agree that cost share should not be included in the scoring system. We

recognize that some of the most beneficial projects may involve a

single landowner with limited cost share ability. Therefore, we have

deleted the cost share from the project proposal scoring guidelines.

However, to be considered for funding, a project proposal must

demonstrate that at least 10 percent of the total costs will be

provided from sources other than the PSGP or other Federal funds.

Comment 16: One commenter stated that accounting requirements for

in-kind and matching contributions are too cumbersome and may cause

some individuals to decline to participate.

Response 16: We do not want potential applicants to decline to

participate because of the perceived burden of accounting requirements

for

[[Page 61657]]

Federal financial assistance. In these final implementation guidelines,

we have provided prospective applicants with additional information

resources to document these requirements. For projects that are

selected for funding, we will also offer additional technical

assistance to facilitate the prospective recipient's understanding of

the financial requirements. However, we are not in a position to modify

the requirements for Federal financial assistance in order to simplify

the PSGP process. Therefore, it is important that recipients of PSGP

funding clearly understand and comply with the Federal financial

assistance requirements.

Comment 17: Several commenters stated their support for the

exclusion of PSGP funding for compliance with a Habitat Conservation

Plan under section 10 of the Act (HCP) or other regulatory

requirements. One commenter stated that the language excluding HCPs was

too limited in scope and that fulfilling the commitments of an HCP

should be allowed under the PSGP.

Response 17: The PSGP was specifically designed to support

voluntary efforts by private landowners. As a voluntary program, we

will not grant funding for projects that serve to satisfy regulatory

requirements of the Act, including complying with a biological opinion

under section 7 of the Act or fulfilling commitments of an HCP under

section 10 of the Act. The PSGP was designed to fill a different need

than assisting with HCP or other compliance efforts.

Comment 18: Two commenters suggested that it was unreasonable to

require applicants to identify the private landowners that would

participate at the time of project submission.

Response 18: We have revised this requirement to allow a project

proposal to either identify some of the specific landowners who have

confirmed their intent to participate in the private conservation

efforts (not all participating landowners need to be identified at the

time of the proposal submission) or to provide other information to

demonstrate that the project, if funded, would have full landowner

participation. In the cases where the project proposal is not submitted

directly by the landowner(s), we need to know that the proposed project

is highly likely to result in on-the-ground conservation actions. For

example, if the project proposal does not identify which landowners

will participate, then it must explain how the project will obtain

landowner participation and ensure the landowner's commitment to carry-

through on the conservation actions proposed.

Comment 19: One commenter requested that we require the projects to

be community-based and supported by multiple entities.

Response 19: We encourage community-based projects and those that

are supported by multiple partners. We believe that such projects are

likely to provide the greatest benefits. However, we do not want to

revise the eligibility criteria to exclude individual landowner

projects. As noted above, some of the most important and most cost-

effective projects for conserving an imperiled species are those done

by a single or a few landowners located in key portions of a species'

range.

Comment 20: Several commenters requested that we clarify who is

eligible to apply for PSGP grants, specifically addressing States and

Counties. In addition, others recommended we further limit eligibility,

such as only funding projects that are in States not participating in

the Service's Landowner Incentive Program.

Response 20: We have revised the eligibility criteria to clarify

this issue. The focus of the PSGP is to provide assistance to private

landowners; however, we recognize that many projects benefit from

partnerships between landowners and other interested participants. Thus

the PSGP allows ``groups'' to submit project proposals. As the Service

has another program specifically designed to facilitate State

partnerships with private landowners, the Landowner Incentive Program,

we believe it is appropriate to exclude State government agencies from

the eligible ``groups'' under the PSGP. State agencies are encouraged

to assist landowners in developing PSGP project proposals, to provide

cost share when feasible, or to participate in other ways on project

implementation. However, State agencies are not eligible to submit PSGP

project proposals directly. We will consider other entities, such as

Counties, other local governments, or State-funded universities, to be

eligible groups that may apply directly for a PSGP funding to assist

private landowners. Such proposals must identify at least some of the

specific private landowners who have confirmed their intent to

participate with them in the conservation efforts or other evidence in

the project proposal to demonstrate full participation will occur.

Comment 21: Two commenters recommended that we not fund projects

intended to restore or offset habitat lost as result of incidental take

permit (or other similar permit), unless it is to restore habitat above

and beyond what is pre-permit (above baseline).

Response 21: We do not see a conservation benefit in categorically

excluding or further defining the eligibility of lands that may have at

one time been covered under an incidental take permit. As discussed

above, we will not award funds for projects that serve to satisfy

regulatory requirements.

Comment 22: Two commenters recommended that projects should have

high probability of providing specific, demonstrable benefits to the

target species, habitats, and ecosystem.

Response 22: Proposals that articulate clearly and specifically the

project benefits for the species, natural communities, and ecosystems

and that explain why those benefits are likely to result from the

project will be more competitive and more likely to receive PSGP

funding. We will fund those projects that we believe provide the

greatest benefits to the target species, habitats, and ecosystems.

Comment 23: One commenter recommended that conservation easements

be eligible for funding; another commenter recommended that land

acquisitions or easements not be eligible.

Response 23: We recognize that easements are very important tools

for conservation. However, we also know there is an equally important

need to fund on-the-ground management efforts. For the PSGP, we have

chosen to focus on assisting with management rather than funding land

acquisition through fee-title or easements. Although, we will not fund

the purchase of easements under the PSGP, habitat improvements over and

above any existing requirements for lands covered under current

easements or other such conservation tools would be considered eligible

for funding. The Service has other programs that specifically fund the

acquisition of property.

Comment 24: Many commenters made recommendations for the types of

projects that should be funded through the PSGP, such as allowing

flexibility in project type, suggesting specific types of projects,

providing economic incentives for landowners to conserve species,

including projects other than habitat management (reintroductions), or

emphasizing habitat-focused projects.

Response 24: We did not intend to provide an exhaustive description

of the various projects that may be funded under the PSGP. We have

expanded the list of examples. However, we recognize that there is a

multitude of ways to benefit imperiled species conservation on private

lands. Therefore, while we will not fund the acquisition of real

[[Page 61658]]

property either through fee title or easements, we are not excluding

any other approach from consideration so long as it can demonstrate

meaningful benefits to the imperiled species in question and meets the

other eligibility criteria established for the PSGP.

Comments on Program Management

Comment 25: Several commenters stated their support for the use of

the diverse panels to assist with project selection. One commenter

expressed concern that a diverse panel would lack focus and questioned

the ability of panel members to be impartial and knowledgeable of local

projects. The commenter suggested that local Service offices should

decide on the prioritization of projects.

Response 25: We believe that the diverse panels will aid in the

selection of projects and also help build and maintain relationships

between the Service and the diverse interest groups. We believe that

the diverse panel members will offer perspective on project selection

from an array of interests involved with conservation efforts on

private lands. We will select panel members that are willing to fairly

evaluate project proposals. As our experience in implementing the PSGP

increases, we will consider how the diverse panels may be better used

to improve the project selection process.

Comment 26: Several commenters made specific recommendations for

managing the diverse panels, including that the scientific community,

agricultural interests, private landowners, and individuals with local

knowledge should each play important roles on the panel. It was further

recommended that the process used by panels should be systematic and

objective, follow Federal requirements for public participation, ensure

confidentiality and fairness, include a diversity of stakeholders on

the panel, and be balanced with respect to the number of participants

from various groups.

Response 26: We will seek to implement the program using the

concepts described in the President's Budget request and to ensure

compliance with applicable Federal requirements. The size of each

diverse panel will be largely at the discretion of the individual

Service Regions. If more than one representative from each group is

invited to participate on a panel, the Service will also seek a balance

among the various interest groups on the panel. In order to minimize

administrative costs associated with the panel and to keep the panel to

a manageable size, the number of participants may need to be limited.

For additional information on the use of the diverse panels, see the

``How will proposals be selected?'' section above.

Comments on the Eligibility Criteria

Comment 27: Several commenters made recommendations concerning the

performance measures used to evaluate the success of the projects and

requested that we provide greater specificity as to what should be

included in a project proposal and what is required to obtain funding.

One commenter recommended that we fully articulate all of the program

requirements for prospective applicants.

Response 27: We have revised and significantly expanded upon the

project performance measures that must be included with each project

proposal (see ``Project Proposals'' above). We have provided examples

of measures as well as identified the specific Long-term and Annual

Service goals that these measures will help the Service achieve. We

have also provided expanded information on the requirements for

obtaining Federal financial assistance (see ``Administrative

Requirements'' above).

Comment 28: Several commenters recommended that projects be

required to include habitat baseline information, as well as monitoring

and adaptive management protocols.

Response 28: We agree with the commenters that this information

would facilitate an evaluation of the project. However, this

information is not always readily available to landowners. We encourage

incorporation of this information when feasible. We have revised the

proposal requirements (see ``Project Proposal'' above) to reflect this

suggestion. Performance measures should be related to baselines when

possible.

Comment 29: One commenter stated that collecting information on

effectiveness would have limited value since individuals collecting the

data would not have necessary expertise, ability, and time, and the

wide variety of projects would make comparisons of the project data

impracticable. In addition, the commenter recommended that activity

reporting should be limited to progress on time-lines or specific goals

reached.

Response 29: We agree that there are practicable limits to what

information landowners may be able to collect. However, we also

recognize that landowners often have an excellent understanding of the

natural systems on their property and can provide significant

information that will assist the Service in evaluating the

effectiveness of the projects that are funded. We will work with

funding recipients in the pre-award negotiations to identify what

information is practicable and useful to collect to enable meaningful

project evaluation. We agree that activity reporting should include

progress on meeting time-lines or specific goals reached.

Comment 30: One commenter recommended that performance measures

should be based on objectives that will promote recovery and delisting

of the target species.

Response 30: We encourage project proposals to identify how the

project will further the recovery goals for listed species or further

the goals of other applicable conservation strategies. We believe that

describing the performance measures in terms of the recovery needs of

the species will strengthen the project proposal. The context for

evaluating how the PSGP functions will be based on how the projects

funded have contributed to the conservation of the target species.

Comment 31: One commenter stated that in cases where the PSGP funds

habitat restoration or management on lands currently under an easement,

easement compliance should be one of the measures used to evaluate the

project.

Response 31: We agree with the commenter that a project proposal to

enhance an existing easement should identify how easement compliance

will be incorporated into the project's performance measures. The terms

and conditions of funding will incorporate this information.

Comment 32: One commenter stated that performance measures should

be consistent with any applicable performance measures developed by the

State, Federal, and Tribal managers. In addition, the Service should

consult with Tribal, State, and Federal managers on the measures to

ensure they do not conflict or undermine other programs.

Response 32: We encourage applicants to develop project proposals

that are consistent with existing conservation programs. We will

consult with others on project selection through the participation of

the diverse panels. In addition, the Service will notify the States and

Territories of project selections and share with the Tribes any

information concerning projects that may affect Tribal trust resources.

Comments on the Selection Factors and Scoring System

Comment 33: One commenter stated that we should give priority to

longer-term commitments, though exceptions may be warranted in some

[[Page 61659]]

circumstances, and suggested that the relevant minimum timeframe might

be the time required to recover the species. Another commenter stated

that projects under a Safe Harbor Agreement should be given a lower

priority, unless commitment to maintain improvement is for a

substantial time period. One commenter stated that, in order to

strengthen the duration of the benefits, the Service should establish a

minimum time commitment.

Response 33: Each project proposal should indicate the amount of

time the habitat improvements or other project benefits will be

maintained. In evaluating project proposals, we will consider the

duration of the benefits (commitment for maintaining the project). When

the Service makes the funding award, we will specify the terms and

conditions of the award, including the time commitment for maintaining

the project. We may consider establishing a minimum time commitment in

the future as we gain experience implementing this program.

Comment 34: Two commenters recommended that we consider the

project's landscape context. It was also recommended that we give

priority to projects in locations that are most beneficial to the

conservation and recovery of the target species and include mechanisms

to avoid enhancing ``habitat sinks.''

Response 34: We agree with the comments that the landscape context

of the project is critically important. We encourage applicants to

describe in the proposal how the location of the project and its role

in the landscape contribute to conservation of the species. For

example, where is the project located in relation to other existing

habitat? Does it promote connectivity between habitats? What is the

size of the project area in relation to the habitat needs of the target

species? We believe that proposals that include this type of

information will better describe the project's benefits. ``Sinks'' are

generally considered marginal habitat areas where the mortality in a

population exceeds production. We disagree with the commenters that the

PSGP should always avoid enhancing ``habitat sinks.'' Improving habitat

conditions in ``sinks'' may provide substantial benefits to a

population by reducing mortality rates. We agree project designers

should carefully plan their projects to reduce the chances of

unintended negative effects on local populations. As we consider

projects for funding, we will be mindful of the important role

landscape context plays in species conservation.

Comment 35: One commenter recommended that in order to demonstrate

results quickly the program should be tiered to separately consider

projects underway and new programs.

Response 35: We appreciate the commenter's suggestion, as it is

important to demonstrate the effectiveness of the program. However,

given the diversity of projects that are likely to be funded through

the PSGP, we do not believe it is necessary to tier the program. Some

projects will build upon existing efforts and show results more

quickly, while others may require additional time.

Comment 36: Several commenters recommended that we develop a

selection factor that provides a higher priority to maintaining at-risk

unique habitats or for projects that are part of large-scale planning

efforts. Two commenters recommended that projects at an eco-regional

scale, or that have benefits for habitats/natural communities of high

conservation concern, should receive a higher ranking than more

localized projects.

Response 36: As previously discussed, the proposal evaluation will

consider the benefits of the project. This will include a consideration

of the larger conservation context in which the project would occur.

Comment 37: Several commenters recommended changes to the project

ranking factors and scoring system. These recommendations included

expanding the point range, dividing or combining the ranking factors,

adding considerations to the project assessment for each scoring

factor, decreasing the subjectivity, and increasing the flexibility of

the scoring system.

Response 37: We do not believe simply expanding the point range

would necessarily result in a better prioritization of projects. We

believe it is important to maintain a simple scoring system in order to

facilitate the review by the diverse panel members. Maintaining the 10-

point scoring system and relatively broad ranking factors will allow

the diverse panel to quickly assess all the project proposals. They

will then be able to focus further consideration on the higher ranking

projects, from which to make their individual recommendations.

Furthermore, as a new program, we would like to see the range of

proposals that are submitted before increasing the complexity of the

ranking factors or scoring system. As we gain experience working with

the diverse panels and evaluating project proposals, we will consider

revising the scoring system. We believe that the scoring system is

sufficiently flexible to allow proposals of a variety of merits to

stand out.

Comment 38: Several commenters recommended that the number of

species should not be used in the scoring system. Other commenters

suggested it should be modified to include greater numbers of species,

to weigh the benefits for each species, or to be combined with the

importance of the project to better represent the overall contributions

of the project.

Response 38: We agree with the commenters that simply counting the

number of species is of limited value when evaluating a project

proposal. However, we believe it does serve an important function,

which is to emphasize the requirement that projects must address the

needs of listed, proposed, candidate, and other at-risk species.

Therefore, we have maintained the number of species as part of the

scoring system with a slight modification to more realistically reflect

the number of species that are likely to be included in project

proposals. We encourage applicants to include in their project proposal

a discussion of the benefits for each species. The better a proposal

articulates the benefits of the project, the more likely it will be

selected for funding.

Comments Related To Awarding Funding

Comment 39: Two commenters stated that ``No Surprises'' assurances

should not be issued to landowners in association with PSGP funding.

One recommended that if landowners desire regulatory assurances for

their project they should seek Safe Harbor Agreements.

Response 39: No Surprises assurances are related to fulfilling

commitments of a Habitat Conservation Plan under section 10 of the Act.

We will not be using the PSGP to fund activities related to fulfilling

commitments of a Habitat Conservation Plan under section 10 of the Act.

We agree with the commenter that Safe Harbor Agreements and Candidate

Conservation Agreements with Assurances may be appropriate for some

landowners that are concerned about potential land-use restrictions and

would like regulatory assurances in connection with their project.

Comment 40: One commenter stated a concern that large conservation

groups will receive the bulk of the funding at the expense of local

community groups; alternatively, another commenter stated that the

Service should reach out to national conservation organizations that

can leverage public funds before they are put into local projects.

Response 40: While we strongly encourage project proposals that are

based on cooperative efforts, we will

[[Page 61660]]

focus the PSGP on selecting projects that provide the greatest

benefits. In our experience, some of the best conservation projects,

both those by local groups and larger organizations, are those that

effectively engage local communities. Therefore, we believe the PSGP

will reach local community levels, whether through individuals, local

groups, or larger organizations. As we gain experience implementing the

PSGP, we will continue to look for ways to encourage all types of

project proposals.

Comment 41: One commenter recommended that the format for

agreements with landowners be flexible or appropriate for specific

circumstances for which the grant has been awarded.

Response 41: We will seek to have the terms and conditions of an

award, and if appropriate for the project, any landowner agreements

address the specific circumstances of the funded project.

Comment 42: Two commenters stated that all projects should comply

with the requirements of the Act and the National Environmental Policy

Act (NEPA). One commenter indicated that NEPA compliance would be

beyond the ability of private landowners.

Response 42: The Service, in cooperation with the grantees, must

address Federal compliance issues, such as the NEPA, the National

Historic Preservation Act, and the Endangered Species Act. For the

projects that are selected to receive funding, we will work with the

recipient to ensure compliance with these requirements.

Comment 43: Several commenters expressed their support for time

commitments, and one commenter recommended that recipients sign

agreements that stipulate (1) activities to be carried out, (2) time

commitment, and (3) return of pro-rated funding for default of

commitment.

Response 43: The scope of work, as well as the terms and conditions

for an award, will specify the activities to be carried out and time

commitments for the project, and require compliance with applicable

rules for receiving Federal financial assistance.

III. Required Determinations

Regulatory Planning and Review

This policy document identifies the eligibility criteria and

selection factors that will be used to award grants under the PSGP. The

Service developed this policy to ensure consistent and adequate

evaluation of project proposals that are voluntarily submitted and to

help perspective applicants understand how grants will be awarded. In

accordance with Executive Order (E.O.) 12866, this policy document is

significant and has been reviewed by the Office of Management and

Budget (OMB) in accordance with the four criteria discussed below.

(a) The PSGP will not have an annual effect on the economy of $100

million or more or adversely affect in a material way the economy, a

sector of the economy, productivity, jobs, the environment, public

health or safety, or State, local or tribal communities. A total of

$9,500,000 will be awarded in grants to private landowners or their

partners to implement voluntary conservation actions. These funds will

be used to pay for actions such as restoring natural hydrology to

streams or wetlands that support imperiled species, fencing to exclude

animals from sensitive habitats, or planting native vegetation to

restore degraded habitat. In addition, the projects that are funded

will generate other secondary benefits, including benefits to natural

systems (e.g., air, water) and local economies. All of these benefits

are distributed widely and are not likely to be significant in any one

location. It is likely that local residents near projects where grants

are awarded will experience some level of benefit, but it is not

possible to quantify these effects at this time. However, the sum total

of all the benefits from this program is not expected to have an annual

effect on the economy of $100 million or more.

(b) We do not believe the PSGP would create inconsistencies with

other agencies' actions. Congress has given the Service responsibility

to administer the program.

(c) As a new grant program, the PSGP would not materially not

affect entitlements, grants, user fees, loan programs, or the rights

and obligations of their recipients. The submission of project

proposals is completely voluntary. However, when an applicant decides

to submit a project proposal, the proposed eligibility criteria and

selection factors identified in this policy can be construed as

requirements placed on the awarding of the grants. Additionally, we

will place further requirements on proponents of projects that are

selected to receive funding under the PSGP. These requirements include

specific Federal financial management requirements and time commitments

for maintaining habitat improvements or other activities described in

the applicant's project proposal in order to obtain and retain the

benefit they are seeking.

(d) OMB has determined that this policy raises novel legal or

policy issues and, as a result, this document has undergone OMB review.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as

amended by the Small Business Regulatory Enforcement Fairness Act

(SBREFA) of 1996), whenever an agency is required to publish a notice

of rulemaking for any proposed or final rule, it must prepare and make

available for public comment a regulatory flexibility analysis that

describes the effects of the rule on small entities (i.e., small

businesses, small organizations, and small government jurisdictions).

However, no regulatory flexibility analysis is required if the head of

the agency certifies the rule will not have a significant economic

impact on a substantial number of small entities. SBREFA amended the

Regulatory Flexibility Act to require Federal agencies to provide a

statement of the factual basis for certifying that the rule will not

have a significant economic impact on a substantial number of small

entities. SBREFA also amended the RFA to require a certification

statement. In this notice, we are certifying that the PSGP will not

have a significant economic impact on a substantial number of small

entities for the reasons described below.

Small entities include small organizations, such as independent

non-profit organizations, and small governmental jurisdictions,

including school boards and city and town governments that serve fewer

than 50,000 residents, as well as small businesses. Small businesses

include manufacturing and mining concerns with fewer than 500

employees, wholesale trade entities with fewer than 100 employees,

retail and service businesses with less than $5 million in annual

sales, general and heavy construction businesses with less than $27.5

million in annual business, special trade contractors doing less than

$11.5 million in annual business, and agricultural businesses with

annual sales less than $750,000. To determine if potential economic

impacts to these small entities are significant, we consider the types

of activities that might trigger impacts as a result of this program.

In general, the term significant economic impact is meant to apply to a

typical small business firm's business operations.

The types of effects this program could have on small entities

include economic benefits resulting from the purchasing of supplies or

labor to implement the project proposals. However, since this program

will be

[[Page 61661]]

awarding a total of only $9,500,000 for projects throughout the United

States, a substantial number of small entities are unlikely to be

affected. The benefits from this program will be spread over such a

large area that it is unlikely that any significant benefits will

accrue to a significant number of entities in any area. In total, the

distribution of $9,500,000 will not create a significant economic

benefit for small entities, but clearly a number of entities will

receive some benefit.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501

August 25, 2000 et seq.):

(a) We believe this rule will not ``significantly or uniquely''

affect small governments. A Small Government Agency Plan is not

required. This program provides benefits to private landowners.

(b) This rule will not produce a Federal mandate of $100 million or

greater in any year; that is, it is not a ``significant regulatory

action'' under the Unfunded Mandates Reform Act. The PSGP imposes no

obligations on State or local governments.

Takings

In accordance with Executive Order 12630 (``Government Actions and

Interference with Constitutionally Protected Private Property

Rights''), the PSGP does not have significant takings implications.

While private landowners may choose to directly or indirectly implement

actions that may have property implications, they would do so as a

result of their own decisions, not as result of the PSGP. The PSGP has

no provisions that would take private property rights.

Executive Order 13211

On May 18, 2001, the President issued an Executive Order (E.O.

13211) on regulations that significantly affect energy supply,

distribution, and use. Executive Order 13211 requires agencies to

prepare Statements of Energy Effects when undertaking certain actions.

Although this rule is a significant regulatory action under Executive

Order 12866, it is not expected to significantly affect energy

supplies, distribution, or use. Therefore, this action is not a

significant energy action and no Statement of Energy Effects is

required.

Federalism

In accordance with Executive Order 13132, the rule does not have

significant Federalism effects. A Federalism assessment is not

required. Congress has directed that we administer grants under the

PSGP directly to private landowners.

Civil Justice Reform

In accordance with Executive Order 12988, the PSGP does not unduly

burden the judicial system and does meet the requirements of sections

3(a) and 3(b)(2) of the Order. With the guidance provided in this

policy document, the requirements of the PSGP will be clarified to

applicants that voluntarily submit project proposals.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

In accordance with the Paperwork Reduction Act (44 U.S.C. 3501),

the Office of Management and Budget has approved, and assigned

clearance number 1018-0118, to this information collection authorized

by the Department of the Interior and Related Agencies Appropriations

Act, 2002, H.R. 2217/Public Law 107-63 and subsequent Appropriations

Acts. The reporting burden is estimated to average 8 hours per

respondent for the project proposal and 4 hours per respondent for

reporting activities. The total annual burden is 4,000 hours for the

project proposals and 200 hours for reporting activities; the number of

respondents is estimated to average 500 respondents for submitting

project proposals and 50 respondents for the reporting requirements.

The information collected does not carry a premise of confidentiality.

Your response is voluntary. An agency may not conduct or sponsor, and a

person is not required to respond to, a collection of information

unless it displays a currently valid OMB control number. The public is

invited to submit comments on the accuracy of the estimated average

burden hours for application preparation and to suggest ways in which

the burden may be reduced. Comments may be submitted to: Information

Collection Clearance Officer, Mail Stop 222 ARLSQ, U.S. Fish and

Wildlife Service, Washington, DC 20240 and/or Desk Officer for Interior

Department (1018-0118), Office of Information and Regulatory Affairs,

Office of Management and Budget, New Executive Office Building,

Washington, DC 20503.

National Environmental Policy Act

We have analyzed this policy in accordance with the criteria of the

National Environmental Policy Act (NEPA) and the Department of the

Interior Manual (516 DM 2 and 6). This draft policy does not constitute

a major Federal action significantly affecting the quality of the human

environment. The Service has determined that the issuance of the policy

is categorically excluded under the Department of the Interior's NEPA

procedures in 516 DM 2, Appendix 1 and 516 DM 6, Appendix 1. The

Service will ensure that projects that are funded through the PSGP are

in compliance with NEPA.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994,

``Government-to-Government Relations With Native American Tribal

Governments'' (59 FR 22951), E.O. 13175, and the Department of the

Interior's manual at 512 DM 2, we readily acknowledge our

responsibility to communicate meaningfully with federally recognized

Tribes on a government-to-government basis. The effect of this policy

document on Native American Tribes would be determined on a case-by-

case basis with the individual evaluation of project proposals. Under

Secretarial Order 3206, the Service will, at a minimum, share with the

tribes any information concerning project proposals that may affect

Tribal trust resources. After consultation with the Tribes and the

project proponent, and after careful consideration of the Tribe's

concerns, the Service must clearly state the rationale for the

recommended final decision and explain how the decision relates to the

Service's trust responsibility. Accordingly:

a. We have not yet consulted with the affected Tribe(s). This

requirement will be addressed with individual evaluations of project

proposals.

b. We have not yet treated Tribes on a government-to-government

basis. This requirement will be addressed with individual evaluations

of project proposals.

c. We will consider Tribal views in individual evaluations of

project proposals.

d. We have not yet consulted with the appropriate bureaus and

offices of the Department about the identified effects of this draft

policy on Tribes. This requirement will be addressed with individual

evaluations of project proposals.

Authority

This notice is published under the authority of the Department of

the Interior and Related Agencies Appropriations Act, 2002, H.R. 2217/

Public Law 107-63.

[[Page 61662]]

Dated: August 15, 2002.

David P. Smith,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 02-24860 Filed 9-30-02; 8:45 am]

BILLING CODE 4310-55-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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