Revised Forest Legacy Program Guidelines

DEPARTMENT OF AGRICULTURE

Forest Service

Revised Forest Legacy Program Guidelines

AGENCY: Forest Service, USDA.

ACTION: Notice of availability.

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SUMMARY: The Cooperative Forestry Assistance Act of 1978 (CFAA)

authorizes a Forest Legacy Program, the purpose of which is to identify

and protect environmentally important private forest lands that may be

threatened by conversion to non-forest uses. The Federal Agricultural

Improvement and Reform Act of 1996 amended the CFAA to provide for

optional grants for States to carry out the program. The States may

request a grant to conduct acquisition procedures and purchase lands

and interests in lands in Forest Legacy Areas. Title may vest in the

State or a unit of State or local government. Other procedures for the

Forest Legacy Program essentially remain the same as described in the

Forest Legacy Program Guidelines dated June 4, 1992. The Forest Service

hereby gives notice of the availability of revised guidelines for

implementing the revisions to the Forest Legacy Program in fiscal year

1996 and beyond.

DATES: The guidelines apply to the remainder of fiscal year 1996 as

well as to fiscal year 1997 and subsequent programs.

ADDRESSES: Copies of the revised guidelines for implementing the Forest

Legacy Program are available by contacting the Director, Cooperative

Forestry Staff, Forest Service, USDA, P.O. Box 96090, Washington, D.C.

20090-6090; via FAX at (202) 205-1271; via INTERNET at /s=cf/

[email protected], or by calling (202) 205-1190.

FOR FURTHER INFORMATION CONTACT: For information contact Ted Beauvais,

Cooperative Forestry, (202) 205-1190 or by writing, faxing, or sending

an E-Mail message to the addresses listed in the preceding section.

SUPPLEMENTARY INFORMATION: The Cooperative Forestry Assistance Act was

amended by Section 1217 of Title XII of the Food, Agriculture,

Conservation and Trade Act of 1990 (16 U.S.C. 2101 et seq.) and the

Federal Agricultural Improvement and Reform Act of 1996 (7 U.S.C. 7201)

to authorize the Secretary of Agriculture to provide a Federal grant

[[Page 53189]]

to a State for carrying out the Forest Legacy Program. The purpose of

the Federal grant is to provide funding to States electing this option

to help in the acquisition of environmentally important private lands

and interests in lands with title vested in the State or a unit of

State or local government. Under section 6 of the Act of March 1, 1911,

(16 U.S.C. 515), and section 11(a) of the Department of Agriculture

Organic Act of 1956 (7 U.S.C. 428(a)), the Secretary of Agriculture

continues to have authority to acquire, from willing landowners,

environmentally important forest lands and interests therein for

Federal acquisition, including conservation easements and rights of

public access, with title vested in the U.S. Government.

The revised Forest Legacy Program guidelines are divided into three

parts:

Part 1--General Program Guidelines: Program direction applicable to

all aspects of the Forest Legacy Program.

Part 2--Federal Acquisition Program Guidelines: Program direction

applicable to States and Forest Service units selecting the Federal

acquisition and ownership process, where ownership of lands or

interests in lands is vested in the United States.

Part 3--State Grant Program Guidelines: This is the new part which

provides program direction applicable to States and Forest Service

units where the State has elected the new State grant option and title

in lands or interests in lands is vested in the State or a unit of

State or local government.

Summary of Comments Received

The agency received 32 replies containing over 170 comments in

response to a Notice of Availability of the Forest Legacy Program

Guidelines changes published in the Federal Register May 21, 1996, (61

FR 25478) and to letters notifying over 300 interested parties.

Fourteen responses were received from State government lead agencies.

Three responses were received from land trust organizations. The rest

of the responses were from conservation organizations, university/

extension organizations, citizens, legislative offices, Indian Tribes,

and industry.

Of the 170 comments, 25 percent focused on funding, 12 percent on

grants administration, 8 percent on cost-sharing, 8 percent on State

program administration, 7 percent on Federal program administration, 7

percent on the acquisition process, 5 percent on public involvement, 5

percent on conservation easements, and 11 percent were of a general

nature. In addition, other comments related to Assessment of Need/

identification of Forest Legacy Areas (1 percent), land trust

participation (2 percent), National Environmental Policy Act (2

percent), the Forest Stewardship Program (2 percent), eligibility

criteria (1 percent), cooperative agreements (1 percent), and

conversion/disposition of Forest Legacy tracts (3 percent).

All comments were fully considered and the agency adopted a number

of changes in the final guidelines in response to comments received.

Summarized comments and the agency's response follow:

1. Comment: Several respondents felt the fund allocation process

was unclear, that funds should not remain at the Forest Service's

Washington Office, and that a more predictable process should be

established.

Response: Section VIII of Part 1 was rewritten to improve clarity.

Funds will remain at the Washington Office until the participating

Forest Service field units consult with active States and develop

recommendations regarding: base level funding (at least 50 percent of

the project funds); the portion of project funds distributed based on

considerations, such as equity among States, forested areas in greatest

need of protection, and lands that can be effectively protected and

managed; and to which Forest Service field unit the funds should be

allocated.

All funds are allocated from the Washington Office to Forest

Service field units. These units can award grants to States or transfer

funds to Forest Service field subunits for Forest Legacy Program

implementation. A minimum of 50 percent of project funds are to be

distributed in equal shares among all participating States. To allow

for maximum flexibility, Forest Service field units consult with States

to determine where the other project funds should be allocated.

2. Comment: Several respondents raised questions about the grant

process and allowable cost-sharing and requested flexibility in the use

of funds and cost-share matching.

Response: The guidelines to the States in Section I of Part 3

provide the maximum flexibility possible consistent with grant law and

practice. Grants may extend for up to 5 years, but the funds must be

used during the first 2 years to ensure that appropriated funds are

used in a timely fashion. The remaining grant period may be used to

accumulate cost-share matching contributions from non-Federal partners.

Also in response to comments, the agency added a definition of eligible

cost-sharing and the specific requirements for donations.

3. Comment: One respondent sought greater participation in the

program by American Indian Tribes.

Response: The final guidelines encourage collaboration between

Indian Tribes and States to consider tribal lands and reservations for

designation as, or inclusion within, Forest Legacy Areas during the

Assessment of Need planning process.

4. Comment: Several respondents wanted clarification of the Federal

acquisition process and when it would apply.

Response: A definition of Federal acquisition procedures, as they

relate to the Forest Legacy Program, were added in Section II of Part

1.

Summary

The Forest Legacy Program Guidelines are used to implement the

Forest Legacy Program. The Revised Forest Legacy Program Guidelines

were mailed to interested parties, Forest Service field offices, and

State Foresters.

Dated: October 1, 1996.

Mark A. Reimers,

Acting Chief.

[FR Doc. 96-26038 Filed 10-9-96; 8:45 am]

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