# Revised Forest Legacy Program Guidelines > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-26038 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** October 10, 1996 - **Citation:** 61 FR 53188 ## Text DEPARTMENT OF AGRICULTURE Forest Service Revised Forest Legacy Program Guidelines AGENCY: Forest Service, USDA. ACTION: Notice of availability. ----------------------------------------------------------------------- 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] BILLING CODE 3410-11-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-26038. Public record. Not legal advice.