57548 Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Rules and Regulations

and Budget under control number 1512–

0502)

* * * * *

Dated: July 26, 2000.

Bradley A. Buckles,

Director.

Approved: August 3, 2000.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 00–24121 Filed 9–22–00; 8:45 am]

BILLING CODE 4810–31–P

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.

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

Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Rules and Regulations 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 Constitutionallyprotected 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

§ 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).

§ 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 nongovernmental 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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