[Federal Register: August 1, 2003 (Volume 68, Number 148)]
[Notices]
[Page 45214-45215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au03-32]
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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 rcooksey@fs.fed.us.
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]
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