Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules 27245

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 211

RIN 0596–AB63

Administration; Cooperative Funding

AGENCY: Forest Service, USDA.

ACTION: Proposed rule; request for

comments.

SUMMARY: The Forest Service proposes

to amend current regulations to

establish minimum requirements

applicable to written agreements

between cooperators, such as

individuals, States and local

governments, and other non-Federal

entities, and the Forest Service. This

rulemaking implements amendments to

the Act of June 30, 1914, which expand

the basis for accepting contributions for

cooperative work, allow reimbursable

payments by cooperators, and

adequately protect the Government’s

interest. The intended effect is to fully

implement the new statutory provisions.

DATES: Comments must be received in

writing by July 17, 1998.

ADDRESSES: Send written comments to

Director, Wildlife, Fish and Rare Plants

(MAIL STOP 1121), Forest Service,

USDA, P.O. Box 96090, Washington, DC

20090–6090.

The public may inspect comments

received on this proposed rule in the

office of the Director, Wildlife, Fish, and

Rare Plants Staff, Forest Service, USDA,

Cellar Central, Auditor’s Building, 201

14th St., SW., Washington, DC 20250

between the hours of 8:30 a.m. and 4:30

p.m. All comments, including name and

address when provided, will become a

matter of public record and are available

for inspection. Those wishing to inspect

comments are encouraged to call ahead

at (202) 205–1205 to facilitate entry into

the building.

FOR FURTHER INFORMATION CONTACT:

Debbie Pressman, Wildlife, Fish and

Rare Plants Staff, at (202) 205–1205.

SUPPLEMENTARY INFORMATION:

Background

Eighty-four years ago, Congress

passed the Act of June 30, 1914. This

legislation authorized the Forest Service

to receive money as contributions

toward cooperative work in forest

investigations or for the protection and

improvement of the national forests.

Since passage of the Act of June 30,

1914, the public has become

increasingly interested in the

management of National Forest System

lands. These lands offer unparalleled

recreational opportunities, contain a

spectacular array of wild animals and

plants, possess magnificent scenery, and

provide social, ecological, and economic

benefits to the Nation. In addition to

increased interest in the management of

these national resources, the public also

is demanding more services and benefits

from National Forest System lands.

While the Forest Service mission

includes providing services and benefits

to the public in addition to managing

National Forest System lands, the

agency recognizes it cannot meet the

public’s increased demands for services

and benefits without seeking innovative

ways of accomplishing its mission. To

that end, the Forest Service is building

important cooperative relationships

with numerous groups, individuals, and

private and public agencies to help

accomplish projects within the National

Forest System.

There have been impediments,

however, to cooperative opportunities.

The Act of June 30, 1914, as amended,

has been interpreted to restrict the use

of contributions for cooperative work to

only projects on national forest lands.

Such an interpretation prevented the

completion of cooperative projects on

other portions of the National Forest

System, including national grasslands,

land utilization projects, administrative

sites and other lands. Additionally, if

the Forest Service were to pay the entire

cost of cooperative work from

appropriated funds, under law, there

was no lawful means to reimburse the

Forest Service appropriation from

cooperator funds. Therefore, the Forest

Service required cooperators to

contribute funds in advance of any work

to be accomplished. However, projects

for which cooperators have already

contributed funds, such as habitat

enhancement, may be subject to delay

and uncertainty for a variety of reasons,

including the development of new

information or controversy. Requiring

contributions prior to the start of work

often creates difficulties for cooperators

by tying up their funds, sometimes for

lengthy periods, with a corresponding

loss of interest income. Additionally,

some cooperators have policies

requiring work to be completed before

their shares are paid, which directly

conflict with the Government

requirement to receive a cooperator’s

money in advance of the start of work.

Delays in project completion are also

costly to the Forest Service in that

records of funds contributed prior to the

start of work must be maintained from

receipt through expenditure, as well as

subsequent refund of any unspent

funds.

Summary of Proposed Rule

On April 4, 1996, Congress enacted

amendments to the Act of June 30, 1914,

which eliminate these impediments.

The amendments provide authority to

use contributions for cooperative work

on the entire National Forest System.

Clarifying language adds ‘‘management’’

to the list of activities for which

contributions for cooperative work may

be accepted, and specific authority is

provided to accomplish cooperative

work using Forest Service funds prior to

reimbursement by the cooperator

pursuant to a written agreement.

This proposed rule is intended to

implement these recent amendments to

the Act of June 30, 1914. The provisions

would be set out at a new § 211.6 of

Title 36 of the Code of Federal

Regulations.

Proposed paragraph (a), Purpose and

scope, restates the statutory authority

for Forest Officers to enter into written

agreements with cooperators to receive

monies as contributions toward

cooperative work in forest investigations

or the protection, management and

improvement of the National Forest

System, which now includes such work

as planning, analysis, and related

studies, as well as resource activities.

Proposed paragraph (b),

Reimbursements and bonding, states

that, when a written agreement so

provides, projects may be planned and

completed using Forest Service funds

available for similar type work with

subsequent reimbursement from a

cooperator to be completed in the same

fiscal year as Forest Service

expenditures. This proposed rule

restates the statute, which permits the

Forest Service to bill cooperators after

work is completed. This proposed

provision will allow cooperators to have

access to their funds or to keep their

funds in interest-bearing accounts until

after the work is completed. Also, as

previously noted, this provision is

consistent with the policy requirements

of some cooperators that work be

completed before their funds are

contributed to the Forest Service.

Proposed paragraph (b) also protects

the interests of the Government by

requiring, as part of the written

agreement with the cooperator, a

payment bond when a non-Government

cooperator agrees to contribute $25,000

or more on a reimbursable basis.

Historically, the Federal Government

has required payment bonds for certain

projects with values exceeding $25,000.

Acceptable security for payment bonds

includes Department of the Treasury

approved corporate sureties, Federal

Government obligations, and irrevocable
27246 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules

letters of credit. Government

cooperators are not required to execute

a payment bond.

Proposed paragraph (c), Avoiding

conflict of interest, of the proposed rule

fulfills the statutory direction to protect

the agency from conflict of interest in

these cooperative funding situations.

The proposed rule does not attempt to

promulgate new conflict of interest

regulations, because conflict of interest

statutes and regulations at 18 U.S.C.

201–209 and 5 CFR Part 2635 are

sufficient. Accordingly, proposed

paragraph (c) provides that the Forest

Service shall be guided by provisions of

18 U.S.C. 201–209, 5 CFR Part 2635, and

applicable Department of Agriculture

regulations, in determining if a conflict

of interest or an appearance of a conflict

of interest, exists in a proposed

cooperative effort. Forest Service ethics

officials or the designated Department of

Agriculture ethics official should be

consulted on conflict of interest issues.

Regulatory Impact

This proposed 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 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, or State or local

governments. This proposed rule will

not interfere with an action taken or

planned by another agency nor raise

new legal or policy issues. 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 proposed

rule is not subject to OMB review under

Executive Order 12866.

Moreover, this proposed 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 proposed rule

on State, local, and tribal governments

and the private sector. This proposed

rule does not compel any expenditure of

funds by any State, local, or tribal

governments or anyone in the private

sector. Therefore, a statement under

section 202 of the Act is not required.

Environmental Impact

This proposed rule affects the

administrative requirements for

reimbursement payments to the agency

by cooperators. Section 31.1b 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 preliminary

assessment is that this proposed 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. A final

determination will be made upon

adoption of the final rule.

No Takings Implications

This proposed rule has been analyzed

in accordance with the principles and

criteria contained in Executive Order

12630, and it has been determined that

the proposed rule does not pose the risk

of a taking of constitutionally-protected

private property since it sets forth

administrative requirements regarding

the deposit of cooperator funds for

forest investigations or the protection,

management, and improvement of the

National Forest System.

Civil Justice Reform Act

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. If this proposed rule

were adopted, (1) all State and local

laws and regulations that are in conflict

with this proposed rule or which would

impede its full implementation would

be preempted; (2) no retroactive effect

would be given to this proposed rule;

and (3) it would not require

administrative proceedings before

parties may file suit in court challenging

its provisions.

Controlling Paperwork Burdens on the

Public

This proposed 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 1320

do not apply.

Conclusion

The proposed rule implements the

statutory amendments to the Act of June

30, 1914, and expands the basis for

accepting contributions for cooperative

work between the Forest Service and

cooperators. The proposed rule also

provides for the planning and

completion of projects using Forest

Service funds with subsequent

reimbursement from cooperators. The

Government’s interests are protected in

the proposed rule by securing

reimbursement payments from

cooperators with payment bonds when

such payments are $25,000 or more.

Government cooperators are not

required to execute payment bonds. The

proposed rule also addresses concerns

about conflicts of interest by referring

Forest Service officials and employees

to existing statutes and regulations, as

well as Forest Service and Department

of Agriculture ethics officials,

concerning a conflict of interest or the

appearance of a conflict of interest.

The Forest Service invites comments

on this proposal, which would permit

the agency to bill cooperators upon

completion of a project and to require

non-Government cooperators to execute

a payment bond as part of the written

agreement between the Cooperator and

the Forest Service, when cooperators

have entered into an agreement to

provide $25,000 or more for a project on

a reimbursable basis.

List of Subjects in 36 CFR Part 211

Administrative practice and

procedure, Intergovernmental relations

and national forests.

Therefore, for the reasons set forth in

the preamble, it is proposed to amend

Part 211 of Title 36 of the Code of

Federal Regulations as follows:

PART 211—ADMINISTRATION

1. The authority citation for Part 211

is revised to read as follows:

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

Subpart A—Cooperation

2. Revise the heading for subpart A to

read as set out above.

3. Add a new section 211.6 to Subpart

A to read as follows:

§ 211.6 Cooperation in forest

investigations or the protection,

management, and improvement of the

National Forest System.

(a) Purpose and scope. In accordance

with the Act of June 30, 1914, as

amended (16 U.S.C. 498), forest officers

may enter into written agreements with

cooperators to receive monies as

contributions toward cooperative work

in forest investigations or for the

protection, management, and

improvement of the National Forest

System. Management may include such
Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules 27247

work as planning, analysis, and related

studies, as well as resource activities.

(b) Reimbursements and Bonding.

Agency expenditures for work in

accordance with this section may be

made from Forest Service

appropriations available for similar type

work, with subsequent reimbursement

from the cooperator, when a written

agreement so provides. Reimbursement

from the cooperator must occur in the

same fiscal year as Forest Service

expenditures. When a non-Government

cooperator agrees to contribute $25,000

or more to the Forest Service on a

reimbursable basis, the authorized

officer must require, as part of the

written agreement with the cooperator,

a payment bond to guarantee the

reimbursement payment, thereby

ensuring the public interests are

protected. Acceptable security for the

payment bond includes Department of

the Treasury approved corporate

sureties, Federal Government

obligations, and irrevocable letters of

credit.

(c) Avoiding conflict of interest. Forest

officers shall avoid acceptance of

contributions from cooperators, when

such contributions would reflect

unfavorably upon the ability of the

Forest Service to carry out its

responsibilities and duties. Forest

officers shall be guided by the

provisions of 18 U.S.C. 201–209, 5 CFR

2635, and applicable Department of

Agriculture regulations, in determining

if a conflict of interest or potential

conflict of interest exists in a proposed

cooperative effort. Forest Service ethics

officials or the designated Department of

Agriculture ethics official should be

consulted on conflict of interest issues.

Dated: April 15, 1998.

Robert Lewis, Jr.,

Acting Associate Chief.

[FR Doc. 98–13037 Filed 5–15–98; 8:45 am]

BILLING CODE 3410–11–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6015–2]

National Emission Standards for

Hazardous Air Pollutants; Proposed

Standards for Hazardous Air Pollutants

Emissions for the Portland Cement

Manufacturing Industry

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Extension of public comment

period.

SUMMARY: The EPA is extending the

public comment period on the Notice of

Proposed Rulemaking (NPRM) for

hazardous air pollutants emissions for

the portland cement manufacturing

industry, which was published in the

Federal Register on March 24, 1998 (63

FR 14182). The purpose of this notice is

to extend the comment period from May

26, 1998 to June 26, 1998, in order to

provide commenters adequate time to

review the NPRM and extensive

supporting materials.

DATES: The EPA will accept comments

on the NPRM until June 26, 1998.

ADDRESSES: Comments should be

submitted (in duplicate) to: Air and

Radiation Docket and Information

Center (6102), Attention: Docket No. A–

92–53, U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC 20460. The EPA requests that a

separate copy also be sent to the contact

person listed below (Mr. Joseph Wood).

The docket may be inspected at the

above address between 8:00 a.m. and

5:30 p.m. on weekdays. A reasonable fee

may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For

information concerning the NPRM,

contact Mr. Joseph Wood, P.E., Minerals

and Inorganic Chemicals Group,

Emission Standards Division (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, NC 27711,

telephone number (919) 541–5446;

electronic mail address

wood.joe@epamail.epa.gov.

Dated: May 12, 1998.

Richard D. Wilson,

Acting Assistant Administrator.

[FR Doc. 98–13124 Filed 5–15–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[FRL–6014–3]

Identification of Additional Ozone

Areas Attaining the 1-Hour Standard

and to Which the 1-Hour Standard is

No Longer Applicable

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the identification of additional ozone

areas attaining the 1-hour standard and

to which the 1-hour standard is no

longer applicable. Thus, upon

finalization of this proposed action, the

Code of Federal Regulations for ozone

will be amended to reflect such changes.

Today’s action is being proposed in

direct response to the President’s

memorandum of July 16, 1997. The

President’s memorandum directed EPA

to publish an action identifying ozone

areas to which the 1-hour standard will

cease to apply because they have not

measured a current violation of the 1-

hour standard. For all other areas, the 1-

hour standard will continue to apply.

Furthermore, this action is being taken

as indicated in the direct final rule

published on January 16, 1998, which

due to the receipt of adverse comments,

was subsequently converted to a

proposal and was withdrawn on March

16, 1998. According to the direct final

rule, the Agency intended to publish, in

early 1998, a subsequent document

which takes similar action to revoke the

1-hour standard in additional areas that

have air quality that does not violate the

1-hour standard. Today’s proposed

action identifies six additional areas

where the 1-hour standard will no

longer apply. The additional proposed

areas are: Dayton-Springfield, Ohio;

Detroit-Ann Arbor, Michigan; Warrick

County, Indiana; Grand Rapids,

Michigan; Poughkeepsie, New York, and

Morgan County, Kentucky.

DATES: To be considered, comments

must be received on or before June 17,

1998.

ADDRESSES: Comments should be

submitted (in duplicate, if possible) to:

Air and Radiation Docket and

Information Center (6101), Attention:

Docket No. A–98–19, U.S.

Environmental Protection Agency, 401

M Street SW, Room M–1500,

Washington, DC 20460, telephone (202)

260–7548, between 8:00 a.m. and 4:00

p.m., Monday through Friday, excluding

legal holidays. A reasonable fee may be

charged for copying. Comments and

data may also be submitted

electronically by following the

instructions under

SUPPLEMENTARY INFORMATION OF THIS

DOCUMENT. NO CONFIDENTIAL BUSINESS

INFORMATION (CBI) SHOULD BE SUBMITTED

THROUGH E-MAIL.

FOR FURTHER INFORMATION CONTACT:

Questions concerning this notice should

be addressed to Annie Nikbakht (policy)

or Barry Gilbert (air quality data), Office

of Air Quality Planning and Standards,

Air Quality Strategies and Standards

Division, Ozone Policy and Strategies

Group, MD–15, Research Triangle Park,

NC 27711, telephone (919) 541–5246/

5238. In addition, the following

Regional contacts may be called for

individual information regarding

monitoring data and policy matters

specific for each Regional Office’s

geographic area: