[Federal Register Volume 68, Number 148 (Friday, August 1, 2003)]
[Notices]
[Pages 45214-45215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19567]


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DEPARTMENT OF AGRICULTURE

Forest Service


2003 Forest Legacy Program Implementation Guidelines

AGENCY: Forest Service, USDA.

ACTION: Notice of availability of program guidelines.

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SUMMARY: The Forest Service is issuing a notice of the availability for 
the 2003 Forest Legacy Program Implementation Guidelines. These 
guidelines were last updated in 1996. The Cooperative Forestry 
Assistance Act of 1978 (CFAA) authorizes the Secretary of Agriculture, 
through the Forest Service to develop, in cooperation with interested 
States, a Forest Legacy Program to identify and protect environmentally 
important private forest lands that are 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.

DATES: The 2003 Forest Legacy Program Implementation Guidelines were 
effective June 30, 2003.

ADDRESSES: Copies of the 2003 Forest Legacy Program Implementation 
Guidelines are available by contacting Rick Cooksey, Cooperative 
Forestry Staff, USDA Forest Service, Mail Stop Code 1123, 1400 
Independence Avenue, SW., Washington, DC 20250-1123; via telephone at 
(202) 205-1469; via facsimile at (202) 205-1271; or via the world-wide 
web Internet: http://www.fs.fed.us/spf/coop/library/fpl_guidelines.pdf.

FOR FURTHER INFORMATION CONTACT: Rick Cooksey, USDA Forest Service, 
Cooperative Forestry Staff, (202) 205-1469; or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Cooperative Forestry Assistance Act (CFAA) of 1978, as amended, 
(16 U.S.C. 2101 et seq.) provides authority for the Secretary of the 
U.S. Department of Agriculture (Secretary) to provide financial, 
technical, educational, and related assistance to States, communities, 
and private forest landowners. Section 1217 of Title XII of the Food, 
Agriculture, Conservation and Trade Act of 1990 (Pub. L. 101-624:104 
Stat. 3359; 16 U.S.C. 2103c), also referred to as the 1990 Farm Bill, 
amends the CFAA and directs the Secretary to establish the Forest 
Legacy Program (FLP) to protect environmentally important forest areas 
that are threatened by conversion to nonforest uses. Through the 1996 
Farm Bill (Federal Agricultural Improvement and Reform Act of 1996; 
Pub. L. 104-127; Title III--Conservation; Subtitle G--Forestry; Section 
374, Optional State Grants for Forest Legacy Program), the Secretary is 
authorized, at the request of a participating State, to make a grant to 
the State to carry out FLP in that State, including the acquisition by 
the State of lands and interests in lands. 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 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. Both the State grant and the 
Federal acquisition programs operate on a willing seller and a willing 
buyer basis.
    In 1996, the Forest Service issued the Forest Legacy Program 
Implementation guidelines, which were an update of the 1992 guidelines. 
In 2000, the Forest Service embarked on an effort to update the 1996 
Guidelines, to provide clear and current direction to meet the needs of 
a rapidly growing national program. As part of the process, several 
drafts were circulated with open public comment periods resulting in 
hundreds of comments received and integrated into a draft document. 
However, in November 2001, when the revision was almost complete, the 
Surveys and Investigations Staff of the House of Representatives 
Appropriations Committee launched a 6-month investigation of the 
program. After a thorough review of FLP, the Congressional 
investigation findings required the Forest Service to develop 
additional direction related to key areas of the program, including: 
(1) The appraisal and appraisal review process, (2) the project 
selection process, (3) the process for redirecting and reprogramming 
project funds, and (4) the monitoring requirements for conservation 
easements.

General Information

    The final 2003 Forest Legacy Program Implementation Guidelines 
reflect the work of a team of representatives from State lead agencies 
and Forest Service Washington Office and Regional offices. This team 
considered and integrated, to the extent practicable, all comments 
received throughout the process as well as the findings from the 
Congressional investigation. The guidelines will improve program 
operation, provide clarity on definitions, policy, and process, and 
respond to the findings of the Congressional report and direction.
    The Forest Legacy Program Implementation Guidelines have four 
components:
    Part 1--General Program Guidelines: Program direction applicable to 
all aspects of FLP, including Assessment of Need development, 
eligibility criteria, project selection process, process for 
redirection and reprogramming of funds, cost share requirements, 
landowner participation, appraisal and appraisal review, and 
conservation easement information.
    Part 2--State Grant Program Guidelines: Program direction 
applicable to States and Forest Service Regions, Areas, and the 
International Institute of Tropical Forestry where a State has elected 
the State grant option and where ownership of lands or interests in 
lands is vested in a State or a subdivision of a State.
    Part 3--Federal Acquisition Program Guidelines: Program direction 
applicable to States and Forest Service Regions, Areas, and the 
International Institute of Tropical Forestry selecting the Federal 
acquisition and ownership process, where ownership of lands or 
interests in lands is vested in the United States.
    Appendices: Numerous appendices that provide supplemental 
information such as references to Office of Management and Budget 
circulars, qualifications required of an appraiser or review appraiser, 
an example cost share calculations, and a sample of FLP graphics.
    The revised 2003 Forest Legacy Program Implementation Guidelines 
were mailed to State lead agencies, State Foresters (when different 
from the State lead agency), national partners, and Forest Service 
Regions, Areas, and the International Institute of Tropical Forestry.


[[Page 45215]]


    Dated: July 24, 2003.
Robin L. Thompson,
Associate Deputy Chief, State and Private Property.
[FR Doc. 03-19567 Filed 7-31-03; 8:45 am]
BILLING CODE 3410-11-P