[Federal Register: September 25, 2000 (Volume 65, Number 186)]
[Rules and Regulations]
[Page 57548-57549]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se00-10]
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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 lparris@fs.fed.us. 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]
BILLING CODE 3410-11-M
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