[Federal Register Volume 65, Number 186 (Monday, September 25, 2000)]
[Rules and Regulations]
[Pages 57548-57549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24564]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 230


Urban and Community Forestry Assistance Program

AGENCY: Forest Service, USDA.

ACTION: Interim final rule; request for comment.

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SUMMARY: The Department is amending regulations on State and private 
forestry assistance to implement the Urban and Community Forestry 
Assistance Program as authorized by the Cooperative Forestry Assistance 
Act of 1978. This law authorizes the Secretary of Agriculture to 
provide financial, technical, and related assistance to State Foresters 
or equivalent State officials, as well as non-profit organizations and 
individuals. The Urban and Community Forestry Assistance Program is 
implemented through the Forest Service Manual Forest Service Grants, 
Cooperative Agreements, and Other Agreements Program and the Grants, 
Cooperative Agreements, and Other Agreements Handbook.

DATES: This rule is effective September 25, 2000. Written comments must 
be received by October 25, 2000.

ADDRESSES: All comments should be addressed to: Fred Deneke, 
Cooperative Forestry Staff (Mail Stop 1123), State and Private 
Forestry, Forest Service, USDA, P.O. Box 96090, Washington, DC 20090-
6090.
    Comments may be submitted via email to [email protected]. Comments 
also may be submitted via facsimile to (202) 205-1271. All comments, 
including names and addresses, when provided, will be placed in the 
public record and are made available for public inspection and copying.

FOR FURTHER INFORMATION CONTACT: Luz Parris-Sweetland, Cooperative 
Forestry Staff, telephone (202) 205-1695.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Agriculture is amending part 230 of Title 36 of 
the Code of Federal Regulations to implement the Urban and Community 
Forestry Assistance Program, as authorized by Section 9 of the 
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105). The law 
authorizes the Secretary of Agriculture to provide financial, 
technical, and related assistance to State Foresters or equivalent 
State officials, as well as non-profit organizations and individuals 
for cooperative urban forestry efforts. States are encouraged to 
provide information and technical assistance to local government units 
and others to plan urban forestry programs and to plant, protect, 
maintain, and utilize wood from trees in open spaces, greenbelts, 
roadside screens, parks, woodlands, curb areas, and residential 
developments in urban areas. The Forest Service is providing this 
assistance through its grants and agreements program.
    Guidelines for the program are included in the document entitled, 
Urban and Community Forestry Program Direction. The document may be 
obtained by writing to the address in the ADDRESSES section.

Just Cause Statement

    Because the purpose of this rule is to set forth the authority and 
identify the guidance used to implement the Urban and Cooperative 
Forestry Assistance Program and the Urban Resources Partnership 
initiative, the agency has determined that delay in codifying this rule 
to allow for a public comment period of a proposed rulemaking is 
unnecessary and contrary to the public interest. Furthermore, the 
agency believes that the identification of such authority and guidance 
is not controversial. Accordingly, this rule is issued as an interim 
final rule, effective upon the date of publication in the Federal 
Register. The public may provide comment on this interim final rule 
during the comment period as noted in the information provided in the 
DATES and ADDRESSES sections.

Section by Section Description of the Interim Final Rule

Section 230.20  Scope and Authority

    Section 9 of the Cooperative Forestry Assistance Act of 1978 
authorizes the Forest Service to provide financial, technical, and 
related assistance to State Foresters or equivalent State officials, as 
well as non-profit organizations and individuals, to implement the 
Urban and Community Forestry Assistance Program. This assistance 
promotes cooperative efforts to plan urban forestry programs designed 
to: maintain, expand, and preserve forest and tree cover; expand 
research and education efforts related to trees and forest cover, 
enhance technical skills and understanding of tree maintenance and 
practices involving cultivation of trees, shrubs, and complementary 
ground covers; and implement a tree planting program to complement 
urban tree maintenance and open space programs.
    The Forest Service, under the authority of the Cooperative Forestry 
Assistance Act of 1978 and through the Urban and Community Forestry 
Assistance Program, coordinates financial, technical, and related 
assistance with the Natural Resources Conservation Service, another 
agency of the Department of Agriculture, for the Urban Resources 
Partnership initiative.

Section 230.21  Implementation of the Program

    The Urban and Community Forestry Assistance Program is implemented 
through the Forest Service Grants, Cooperative Agreements, and Other 
Agreements Program (FSM 1580) and the Grants, Cooperative Agreements, 
and Other Agreements Handbook (FSH 1509.11), which provide a mechanism 
for processing grants and cooperative agreements.
    In addition, the Forest Service coordinates the financial and 
technical assistance provided under the Urban Resources Partnership 
initiative with the Natural Resources Conservation Service. The Urban 
Resources Partnership initiative is intended to help enhance the 
Nation's urban environment and quality of life through the provision of 
Federal assistance to, and cooperation with, State and local 
governments, non-profit organizations, and others. Urban Resources 
Partnership activities are designed to focus on urban natural resource 
conservation; provide assistance in under-served areas of communities 
with limited resources; foster intergovernmental coordination and 
public-private partnerships, and build capacity by local groups in 
accessing and properly managing Federal financial and resource 
assistance. The Forest Service and Natural Resources Conservation 
Service implement the Urban Resources Partnership under the guidance 
provided in the Urban Resources Partnership National Guidance for U.S. 
Department of Agriculture Personnel and applicable agency and 
departmental procedures for Federal grants and agreements. Comment is 
invited on this interim rule

[[Page 57549]]

as well as on the Urban Resources Partnership National Guidance, which 
is posted on the agency's website on the worldwide web at http://www.fs.fed.us.

Regulatory Impact

    This interim final rule has been reviewed under USDA procedures and 
Executive Order 12866 on Regulatory Planning and Review. It has been 
determined that this is not a significant rule. This interim final rule 
will not have an annual effect of $100 million or more on the economy 
nor adversely affect productivity, competition, jobs, the environment, 
public health or safety, nor State or local governments. Also, this 
rule will not interfere with an action taken or planned by another 
agency or raise new legal or policy issues. In short, little or no 
effect on the national economy will result from this interim final 
rule. Finally, this action will not alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients of such programs. Accordingly, this interim 
final rule is not subject to OMB review under Executive order 12866.
    Moreover, this interim final rule has been considered in light of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and it has been 
determined that this action will not have a significant economic impact 
on a substantial number of small entities as defined by that Act.

Unfunded Mandates Reform

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), the Department has assessed the effects of this 
interim final rule on State, local, and tribal governments and the 
private sector. Therefore, a statement under section 202 of the Act is 
not required.

Environmental Impacts

    Section 31.b of Forest Service Handbook 1909.15 (57 FR 43180: 
September 18, 1992) excludes from documentation in an environmental 
assessment or impact statement rules, regulations, or policies to 
establish Service-wide administrative procedures, program processes, or 
instructions. The agency's assessment is that this interim final rule 
falls within this category of actions and that no extraordinary 
circumstances exist which would require preparation of an environmental 
assessment or environmental impact statement.

Takings Implications

    This interim final rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12630 and it has 
been determined that the rule does not pose the risk of a taking of 
Constitutionally-protected private property.

Controlling Paperwork Burdens on the Public

    This interim final rule does not contain any recordkeeping or 
reporting requirements or other information collection requirements as 
defined in 5 CFR part 1320 and, therefore, imposes no paperwork burden 
on the public. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501, et seq.) and implementing 
regulations at 5 CFR part 1320 do not apply.

List of Subjects in 36 CFR Part 230

    Forests and forest products, Grant programs--natural resources, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Therefore, for the reasons set forth in the preamble, Part 230 of 
Title 36 of the Code of Federal Regulations is amended as follows:

PART 230--STATE AND PRIVATE FORESTRY ASSISTANCE

    1. Revise the authority section for part 230 to read as follows:

    Authority: 16 U.S.C. 2103b, 2105, 2114.


    2. Add a new subpart B to read as follows:
Subpart B--Urban and Community Forestry Assistance Program
Sec.
230.20   Scope and authority.
230.21   Implementation of the program.

Subpart B--Urban and Community Forestry Assistance Program


Sec. 230.20  Scope and authority.

    The Urban and Community Forestry Assistance Program is authorized 
by Section 9 of the Cooperative Forestry Assistance Act of 1978, as 
amended (16 U.S.C. 2105). The scope of this authority includes the 
provision of technical, financial, and related assistance to State and 
local governments, non-profits, and other members of the public to: 
maintain, expand, and preserve forest and tree cover; expand research 
and education efforts related to trees and forest cover; enhance 
technical skills and understanding of tree maintenance and practices 
involving cultivation of trees, shrubs and complementary ground covers; 
and implementing a tree planting program to complement urban tree 
maintenance and open space programs. The Secretary has delegated the 
authority for implementing the program to the Chief of the Forest 
Service under 7 CFR 2.60(a)(16).


Sec. 230.21  Implementation of the program.

    (a) The Urban and Community Forestry Assistance Program is 
implemented through the Forest Service Grants, Cooperative Agreements, 
and Other Agreements Program (FSM 1580) and the Grants, Cooperative 
Agreements, and Other Agreements Handbook (FSH 1509.11). The Forest 
Service Manual and Handbook are available from the Forest Service 
internet homepage or at National Forest offices.
    (b) The Forest Service, under the authority of the Cooperative 
Forestry Assistance Act of 1978 and through the Urban and Community 
Forestry Assistance Program, coordinates financial, technical, and 
related assistance with the Natural Resources Conservation Service for 
the Urban Resources Partnership initiative. The Natural Resources 
Conservation Service provides similar assistance through the Urban 
Resources Partnership initiative under the authority of the Soil 
Conservation and Domestic Allotment Act (16 U.S.C. 590a-590f). The 
Urban Resources Partnership is an initiative in which Federal agencies, 
in cooperation with State and local agencies, community groups, and 
non-governmental organizations endeavor to be more effective, 
responsive, and efficient in working together to protect, improve, and 
rehabilitate the environment in urban areas of the Nation. The Forest 
Service and Natural Resources Conservation Service implement the Urban 
Resources Partnership initiative under the ``Urban Resources 
Partnership National Guidance for U.S. Department of Agriculture 
Personnel'' and applicable agency and departmental procedures for 
Federal grants and cooperative agreements. Copies of the Guidance may 
be obtained from the Cooperative Forestry Staff, Forest Service, USDA, 
P.O. Box 96090, Washington, DC 20090-6090.

    Dated: September 19, 2000.
James R. Lyons,
Under Secretary, Natural Resources and the Environment.
[FR Doc. 00-24564 Filed 9-22-00; 8:45 am]
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