[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Rules and Regulations]
[Pages 62443-62444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25068]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 211

RIN 0596-AB63


Administration; Cooperative Funding; Correction

AGENCY: Forest Service, USDA.

ACTION: Correcting amendment.

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SUMMARY: This document contains corrections to the final regulations, 
which were published in the Federal Register of November 8, 1999 (64 FR 
60678). The regulations established the minimum requirements applicable 
to written agreements between the Forest Service and cooperators, such 
as individuals, States and local governments, and other non-Federal 
entities. Additionally, this rulemaking implemented amendments to the 
Act of June 30, 1914, which expanded the basis for accepting 
contributions for cooperative work, allows reimbursable payments by 
cooperators, and adequately protects the Government's interest.

DATES: Effective on October 21, 2008.

FOR FURTHER INFORMATION CONTACT: Patricia S. Palmer, Washington Office 
Grants and Agreements, (703) 605-4776 or Ken Kessler, Office of Tribal 
Relations, (202) 205-4972.

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of these corrections 
implemented amendments to the Act of June 30, 1914 (16 U.S.C. 498). 
This Act authorizes the Secretary of Agriculture to receive and 
subsequently use money as contributions toward cooperative work in 
forest investigations or for the protection and improvement of the 
national forests. The rule implemented amendments the Act of June 30, 
1914, (16 U.S.C. 498) by: (1) Providing for the use of contributions 
for cooperative work on the entire National Forest System; (2) Adding 
``management'' to the list of activities for which contributions for 
cooperative work may be accepted; and (3) Providing specific authority 
to accomplish cooperative work using Forest Service funds prior to 
reimbursement by the cooperator pursuant to a written agreement.

Need for Correction

    As published, the final regulations do not define adequately the 
term non-Government cooperator. This term is defined so that non-
Government entities can obtain a bond to protect the agency should the 
non-Government entity owe money to the agency for work performed on 
their behalf. Non-Government is defined in the negative by listing 
government entities and making all other entities non-Government. 
Omitted from the government list are federally recognized Indian tribes 
which means any Indian Tribe, band, nation, or other organized group or 
community, and other organizations funding a Forest Service agreement 
with pass through funding from an entity that is a member, division, or 
affiliate of a Federal, State, local government, or federally 
recognized Indian Tribe. This omission leads to inconsistent 
interpretation and, therefore, requires correction.

List of Subjects in 36 CFR Part 211

    Administrative practice and procedure, Fire prevention, 
Intergovernmental relations, National forests.

0
Accordingly, 36 CFR part 211 is corrected by making the following 
correcting amendments:

PART 211--ADMINISTRATION

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1. The authority citation for part 211 continues to read as follows:

    Authority: 16 U.S.C. 472, 498, 551.

Subpart A--Cooperation

0
2. Revise Sec.  211.6 paragraph (c) to read as follows:

[[Page 62444]]

Sec.  211.6  Cooperation in forest investigations or the protection, 
management, and improvement of the National Forest System.

* * * * *
    (c) Bonding. Each written agreement involving a non-Government 
cooperator's total contribution of $25,000 or more to the Forest 
Service on a reimbursable basis, must include a provision requiring a 
payment bond to guarantee the cooperator's reimbursement payment. 
Acceptable security for a payment bond includes Department of the 
Treasury approved corporate sureties, Federal Government obligations, 
and irrevocable letters of credit. For the purposes of this section, a 
non-Government cooperator is an entity that is not a member, division, 
or affiliate of a Federal, State, local government, a federally 
recognized Indian Tribe (as defined by the Federally Recognized Indian 
Tribe List Act of 1994 [25 U.S.C. 479a]), or other organizations 
funding a Forest Service agreement with pass through funding from an 
entity that is a member, division, or affiliate of a Federal, State, 
local government, or federally recognized Indian Tribe.
* * * * *

    Dated: September 24, 2008.
Robin L. Thompson,
Associate Deputy Chief, State and Private Forestry.
[FR Doc. E8-25068 Filed 10-17-08; 11:15 am]
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