[Federal Register Volume 61, Number 198 (Thursday, October 10, 1996)]
[Notices]
[Pages 53188-53189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26038]


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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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