80 FR 76251 - Community Forest and Open Space Rule Revision

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 80, Issue 235 (December 8, 2015)

Page Range		76251-76257
FR Document		2015-30597
This proposed regulation would allow Community Forest and Open Space Program (Community Forest Program) grant recipients to issue conservation easements to funding entities and, in some circumstances consistent with the program's purposes, convey community forest land to other eligible entities. The proposed regulation would also clarify definitions of program-specific terms, streamline the application process, and implement Office of Management and Budget (OMB) and the Department of Agriculture's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR parts 200 and 400).
Federal Register, Volume 80 Issue 235 (Tuesday, December 8, 2015)
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Proposed Rules]
[Pages 76251-76257]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30597]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / 
Proposed Rules

[[Page 76251]]



DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 230

RIN 0596-AD23


Community Forest and Open Space Rule Revision

AGENCY: Forest Service, USDA.

ACTION: Notice of proposed rule; request for public comment.

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SUMMARY: This proposed regulation would allow Community Forest and Open 
Space Program (Community Forest Program) grant recipients to issue 
conservation easements to funding entities and, in some circumstances 
consistent with the program's purposes, convey community forest land to 
other eligible entities. The proposed regulation would also clarify 
definitions of program-specific terms, streamline the application 
process, and implement Office of Management and Budget (OMB) and the 
Department of Agriculture's Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards (2 CFR parts 200 
and 400).

DATES: Comments on this proposed regulation must be received in writing 
by March 7, 2016.

ADDRESSES: Send written comments to USDA, Forest Service, Attention: 
Maya Solomon, Cooperative Forestry Staff, 1400 Independence Avenue SW., 
Mailstop 1123, Washington, DC. 202-205-1376. Electronic comments may be 
sent to [email protected]. If comments are sent electronically, 
do not duplicate via regular mail. Comments should only address issues 
relevant to this proposed regulation. Make reference to the specific 
section being addressed, and explain any suggested changes.
    Comments concerning the information collection requirements 
contained in this action should reference OMB No. 0596-0227. Comments 
should be sent to the address listed in the above paragraph.
    All comments, including provided names and addresses, will be 
placed in the record and made available for public inspection and 
copying. The public may inspect comments received on this proposed rule 
in the Cooperative Forestry Office, State & Private Forestry Deputy 
Area, Yates Building-Third Floor, 1400 Independence Avenue SW., 
Washington, DC. Visitors must call (202) 205-1376 to facilitate 
building entry.

FOR FURTHER INFORMATION CONTACT: Maya Solomon, Program Specialist, 
State and Private Forestry, Cooperative Forestry Staff, (202) 205-1376. 
Individuals who use telecommunication devices for the deaf (TDD) may 
call the Federal Information Relay Service (FIRS) at (800) 877-8339 
between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION:

Background

    The Community Forest Program is authorized by Section 8003 of the 
Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246; 122 Stat. 
1651). On October 20, 2011, the Forest Service issued regulations (36 
CFR 230 Subpart A) implementing the program. After selecting and 
awarding the first round of grants under the current version of 36 CFR 
230 Subpart A, the Agency identified some inconsistencies and 
inefficiencies in the regulation that hinder the Agency's ability to 
efficiently and effectively implement the program.
    One of the critical inconsistencies is found in Section 230.8, 
which specifies the acquisition requirements for this program. Subpart 
230.8(a) (5) lists the documents and statements that must be recorded 
with the deed as part of the Notice of Grant Requirement. It states 
that, ``. . .the grant recipient will not convey or encumber the 
interest in real property, in whole or in part, to another party. . 
.''. This language is more restrictive than necessary and is 
inconsistent with the grant assurances (OPM Form 424D), which allow a 
grant recipient to convey or encumber an interest in real property with 
prior approval from the granting Agency. Furthermore, the restrictive 
language prevents eligible entities from using funding mechanisms that 
require establishment of a conservation easement, even though this 
arrangement could be compatible with Community Forest Program 
requirements. This provision also prevents the transfer of ownership 
interest in a Community Forest to another eligible entity if the 
original owner becomes unable to hold or maintain the parcel. This 
proposed regulation is designed to allow Community Forest Program grant 
recipients to grant conservation easements to funding entities, and, in 
some circumstances, to convey land to another eligible entity when 
consistent with the program's purposes.
    Additionally, the Agency seeks to reduce the burden of paperwork 
and information collections on applicants. Currently, the Agency 
requests an eight-page application, a map of the parcel in question, 
all forms required for issuance of a federal grant, and a draft 
community forest plan. The current application process is overly 
burdensome and all elements of the process are not necessary to ensure 
the selection of high-quality community forest projects that meet the 
intent of the program.
    The Agency also seeks to clarify definitions and refine provisions 
regarding the use of technical assistance funds. The language clarifies 
how technical assistance should be determined and requested. Some of 
the definitions in the current regulation are unclear and confuse the 
intent of the program. The Agency seeks to provide clarification and 
reduce the amount of confusion caused by the unclear definitions.
    Lastly, the Agency is eliminating the separate cost share and grant 
requirements for non-profit organizations, Tribal governments, and 
local governments in ((Sec. Sec.  230.6(c) and 230.7(a)(2)). The Agency 
will follow the guidance outlined in the OMB Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards (2 CFR parts 200 and 400) for all eligible entities.
    The changes made to the current version of this rule will apply to 
new grants as well as grants awarded prior to the issuance of this 
rule.

Need for the Proposed Regulation

    The Forest Service is revising this regulation to correct 
inconsistencies and inefficiencies identified in administrating the 
first round of grants, to clarify confusing language, reduce the 
paperwork collection burden for

[[Page 76252]]

applicants, and to update grant requirements to comply with current 
grant regulations. These changes will help ensure that the regulations 
align with the intent and purposes of the authorizing legislation.

Project Compliance With the National Environmental Policy Act

    Project grants are subject to the National Environmental Policy Act 
(NEPA) and must comply with the Agency's NEPA implementing procedures 
as described in 36 CFR part 220, as well as the Council on 
Environmental Quality's NEPA procedures at 40 CFR parts 1500-1508. 
Community Forest Program grants are used to transfer title of private 
lands to third parties and will not fund any ground-disturbing 
activities. The Forest Service has concluded that Community Forest 
Program grants fall under the categorical exclusion provided in the 
Forest Service's NEPA procedures for ``acquisition of land or interest 
in land'' 36 CFR part 220.6(d)(6); 73 FR 43084 (July 24, 2008). As a 
result, Community Forest Program project grants are excluded from 
documentation in an environmental assessment or impact statement.
    The changes made to the current version of this rule will apply to 
new grants as well as grants awarded prior to the issuance of this 
rule.

Uniform Relocation Assistance and Real Property Acquisition for Federal 
and Federally-Assisted Programs

    The Uniform Relocation Assistance and Real Property Acquisition 
Policy Act of 1970 (``Uniform Act'') (42 U.S.C. 4601, et seq.) provides 
guidance and procedures for the acquisition of real property by the 
Federal government, including relocation benefits to displaced persons. 
Department of Transportation regulations implementing the Uniform Act 
(49 CFR part 24) have been adopted by the Department of Agriculture (7 
CFR part 21). However, the Community Forest Program is deemed exempt 
from the Uniform Act because it meets the exemption criteria stated at 
49 CFR part 24.101(b)(1).

Federal Appraisal Standards

    Section 7A(c)(4) of the Cooperative Forestry Assistance Act (16 
U.S.C. 2103d(c)(4)), requires that land acquired under Community Forest 
Program be appraised in accordance with the Uniform Appraisal Standards 
for Federal Land Acquisitions (Federal Appraisal Standards) in order to 
determine the non-Federal cost share of a parcel of privately-owned 
forest land. The Federal Appraisal Standards are contained in a readily 
available public document, (http://www.usdoj.gov/enrd/Legal_Documents.html). A grant recipient is responsible for assuring 
that the appraisal of the Community Forest Program tract is done in 
conformance with the Federal Appraisal Standards. The Federal Appraisal 
Standards shall be used to determine reimbursement for non-Federal cost 
share. However, separate tracts donated for the purpose of providing 
the non-Federal cost share may be appraised using the Uniform Standards 
of Professional Appraisal Practice (USPAP) or the Internal Revenue 
Service (IRS) regulations for a donation in land. The Forest Service 
may be available to assist applicants with the appraisal and associated 
appraisal review, and will conduct spot checks to assure compliance 
with Federal Appraisal Standards.

Regulatory Certifications

Regulatory Planning and Review

    This proposed rule has been reviewed under USDA procedures and 
Executive Order 12866. The OMB has determined that this proposed rule 
is non-significant for purposes of Executive Order 12866.
    This proposed rule does not regulate the private use of land or the 
conduct of business. It is a grant program for local governments, 
Tribal Governments, and qualified nonprofit organizations for purposes 
of acquiring land for resource conservation and open space 
preservation. By providing funding to eligible entities for land 
acquisition, the Federal Government will promote the non-monetary 
benefits of sustainable forest management. These benefits include: 
improved air and water quality, wildlife and fish habitat, forest-based 
educational programs including vocational education programs in 
forestry, replicable models of effective forest stewardship for private 
landowners, open space preservation, carbon sequestration, and enhanced 
recreational opportunities including hunting and fishing.

Proper Consideration of Small Entities

    This proposed rule has been considered in light of Executive Order 
13272 regarding regulatory impacts on small entities and the Small 
Business Regulatory Enforcement Fairness Act of 1996. Voluntary 
participation in the Community Forest Program does not impose 
significant direct costs on small entities. This proposed rule imposes 
no additional requirements on the affected public. Entities most likely 
affected by this proposed rule are the local governments, qualified 
nonprofit organizations, and Tribal governments eligible to receive a 
grant through Community Forest Program. The minimum requirements 
imposed on small entities by this proposed rule are necessary to 
protect the public interest and should be within the capabilities of 
small entities to perform; they should not be administratively 
burdensome or costly to meet. The proposed rule would not materially 
alter the budgetary impact of entitlements, user fees, loan programs, 
or the rights and obligations of program participants. It does not 
compel the expenditure of $100 million or more by any State, local or 
Indian Tribal government, or anyone in the private sector. Under these 
circumstances, the Forest Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), the Agency has assessed the effects of this proposed 
rule on State, local, and Indian Tribal governments and the private 
sector. This proposed rule does not compel the expenditure of $100 
million or more by any State, local or Indian Tribal governments, or 
anyone in the private sector. Therefore, a statement under section 202 
of that Act is not required.

Federalism

    The Forest Service has considered this proposed rule under the 
requirements of Executive Order 13132, Federalism, and Executive Order 
12875, Government Partnerships. The Forest Service has determined that 
the rule conforms to the federalism principles set out in these 
Executive Orders. The rule would not impose any compliance costs on the 
States or Tribal governments other than those imposed by statute, and 
would not have substantial direct effects on the States or Tribal 
governments, on the relationship between the Federal Government and the 
States or Tribal governments, or on the distribution of power and 
responsibilities among the various levels of government. Based on 
comments received on this proposed rule, the Agency will consider if 
any additional consultations will be needed with the State, local 
governments, and/or Tribal governments prior to adopting a final rule.

Controlling Paperwork Burdens on the Public

    In accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 
3501-

[[Page 76253]]

3521], the Forest Service is requesting a new information collection 
that will supersede 0596-0227.
    Title: Community Forest and Open Space Conservation Program.
    OMB Number:
    Type of Request: New Information Collection.
    Abstract: The purpose of Community Forest Program is to achieve 
community benefits through grants to local governments, Tribal 
Governments, and qualified nonprofit organizations to establish 
community forests by acquiring and protecting private forestlands. This 
proposed rule includes information requirements necessary to implement 
the Community Forest Program and comply with grants regulations and OMB 
Circulars. The information requirements will be used to help the Forest 
Service:
    (1) Determine that the applicant is eligible to receive funds under 
the program,
    (2) Determine if the proposal meets the qualifications in the 
statute and regulations,
    (3) Evaluate and rank the proposals based on standard, consistent 
information, and
    (4) Determine if the project's costs are allowable and sufficient 
cost share is provided.
    Local governmental entities, Tribal Governments, and qualified 
nonprofit organizations are the only entities eligible for the program 
and therefore are the only organizations from which information will be 
collected.
    The information collection currently required for a request for 
proposals and grant application is approved and has been assigned the 
OMB Control No. 0596-0227.
    Estimated Annual Number of Respondents: 150.
    Estimated Burden per Response: 22.
    Estimated Number of Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 150.
    Estimated Total Annual Burden on Respondents: 3,300 hours.
    Comments: Comments are invited on:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the Agency, including 
whether the information will have practical utility;
    (2) The accuracy of the Agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.

Consultations and Coordination With Indian Tribal Governments

    This proposed rule has tribal implications as defined in Executive 
Order 13175. Section 7A (a)(1) of the Cooperative Forestry Assistance 
Act establishes that federally recognized Indian tribes are eligible to 
participate in the Community Forest Program. In accordance with the 
President's memorandum of April 29, 1994, ``Government-to-Government 
Relations with Native American Tribal Governments'' (59 FR 22951); the 
Executive Order of November 6, 2000, ``Consultation and Coordination 
With Indian Tribal Governments'' (EO 13175); and with the directives of 
the Department of Agriculture (DR 1350-001); we have determined that 
this proposed rule may affect Indian Tribes. Tribal consultation will 
be coordinated through local and regional processes in coordination 
with the Washington Office of the Forest Service.

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. This proposed 
rule implements a program to assist eligible entities in acquiring land 
from willing sellers. Any land use restrictions on Community Forest 
Program parcels are agreed to voluntarily by program participants.

Environmental Impact

    This proposed rule outlines processes for implementation of the 
Community Forest Program. Forest Service regulations at 36 CFR 
220.6(d)(2) exclude ``rules, regulations, or policies to establish 
Service-wide administrative procedures, program processes, or 
instructions'' from documentation in an environmental assessment or 
environmental impact statement. The Department's preliminary assessment 
is that this proposed regulation falls within this category of actions, 
and that no extraordinary circumstances require preparation of an 
environmental assessment or environmental impact statement. A final 
determination will be made before publication of the final rule.

Energy Effects

    This proposed rule has been reviewed under Executive Order 13211 of 
May 18, 2001, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use. It has been determined that this 
proposed rule does not constitute a significant energy action as 
defined in the Executive Order.

Civil Justice Reform

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. The Forest Service has not identified any State 
or local laws or regulations that are in conflict with this proposed 
rule or that would impede full implementation of this proposed rule. 
Nevertheless, in the event that such a conflict is identified, the 
proposed rule would not preempt the State or local laws or regulations 
found to be in conflict. However, in that case, no retroactive effect 
would be given to this rule and the Forest Service would not require 
the use of administrative proceedings before parties could file suit in 
court challenging its provisions.

List of Subjects in 36 CFR Part 230

    Grant programs, Grants administration, State and local governments, 
Tribal governments, Nonprofit organizations, Conservation, Forests and 
forest products, Land sales.

    Therefore, for the reasons set forth in the preamble, the Forest 
Service proposes to amend part 230 of Title 36 of the Code of Federal 
Regulations as follows:

PART 230--STATE AND PRIVATE FORESTRY ASSISTANCE

0
1. The authority citation for part 230 continues to read as follows:

    Authority:  16 U.S.C. 2109.

0
2. Subpart A is revised to read as follows:
Subpart A--Community Forest and Open Space Conservation Program
Sec.
230.1 Purpose and scope.
230.2 Definitions.
230.3 Application process.
230.4 Application requirements.
230.5 Ranking criteria and proposal selection.
230.6 Project costs and cost share requirements.
230.7 Grant requirements.
230.8 Acquisition requirements.
230.9 Ownership and use requirements.
230.10 Technical assistance funds.

[[Page 76254]]

Subpart A--Community Forest and Open Space Conservation Program


Sec.  230.1  Purpose and scope.

    (a) The regulations of this subpart govern the rules and procedures 
for the Community Forest and Open Space Conservation Program (Community 
Forest Program), established under Section 7A of the Cooperative 
Forestry Assistance Act of 1978 (16 U.S.C. 2103d). Under the Community 
Forest Program, the Secretary of Agriculture, acting through the Chief 
of the Forest Service, awards grants to local governments, Indian 
tribes, and qualified nonprofit organizations to establish community 
forests for community benefits by acquiring and protecting private 
forestlands.
    (b) The Community Forest Program applies to eligible entities 
within any of the 50 States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands of the United States, the 
Commonwealth of the Northern Mariana Islands, the Federated States of 
Micronesia, the Republic of the Marshall Islands, the Republic of 
Palau, and the territories and possessions of the United States.


Sec.  230.2  Definitions.

    The terms used in this subpart are defined as follows:
    Borrowed funds. Funds used for the purpose of cost share which 
would encumber the subject property, in whole or in part, to another 
party.
    Community benefits. One or more of the following:
    (1) Economic benefits such as timber and non-timber products 
resulting from sustainable forest management and tourism;
    (2) Environmental benefits, including clean air and water, 
stormwater management, wildlife habitat, and cultural resources;
    (3) Benefits from forest-based experiential learning, including K-
12 conservation education programs; vocational education programs in 
disciplines such as forestry and environmental biology; and 
environmental education through individual study or voluntary 
participation in programs offered by organizations such as 4-H, Boy or 
Girl Scouts, Master Gardeners, etc.;
    (4) Benefits from serving as replicable models of effective forest 
stewardship for private landowners; and
    (5) Recreational benefits such as hiking, hunting, and fishing 
secured with public access.
    Community Forest. Forest land owned in fee-simple by an eligible 
entity that provides public access and is managed to provide community 
benefits pursuant to a community forest plan.
    Community Forest Plan. A tract-specific plan developed with 
community involvement that guides the management and use of a community 
forest and includes the following components:
    (1) A description of all purchased tracts and cost share tracts, 
including acreage and county location, land use, forest type and 
vegetation cover;
    (2) Objectives for the community forest and strategies to implement 
those objectives;
    (3) A description of the long-term use and management of the 
property;
    (4) Community benefits to be achieved from the establishment of the 
community forest;
    (5) A description of ongoing activities that promote community 
involvement in the development and implementation of the Community 
Forest Plan;
    (6) Plans for the utilization or demolition of existing structures 
and proposed needs for further improvements;
    (7) A description of public access and the rationale for any 
limitations on public access, such as protection of cultural or natural 
resources or public health and safety concerns; and
    (8) Maps of sufficient scale to show the location of the property 
in relation to roads, communities, and other improvements as well as 
nearby parks, refuges, or other protected lands and any additional maps 
required to display planned management activities.
    Eligible entity. An organization that is qualified to acquire and 
manage land, limited to the following:
    (1) Local governmental entity. Any municipal government, county 
government, or other local government body with jurisdiction over local 
land use decisions as defined by Federal or State law.
    (2) Indian tribe. Defined by Section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b); for the 
purpose of this rule, this includes federally recognized Indian tribes 
and Alaska Native Corporations.
    (3) Qualified nonprofit organization. An organization that is 
described in Section 170(h)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 170(h)(3)) and operates in accordance with one or more of the 
conservation purposes specified in Section 170(h)(4)(A) of that Code 
(26 U.S.C. 170(h)(4)(A)). Conservation purposes include:
    (i) The preservation of land areas for outdoor recreation by, or 
for the education of, the general public,
    (ii) The protection of a relatively natural habitat of fish, 
wildlife, or plants, or similar ecosystem,
    (iii) The preservation of open space (including farmland and forest 
land) where such preservation is for the scenic enjoyment of the 
general public or pursuant to a clearly delineated Federal, State, or 
local governmental conservation policy, and will yield a significant 
public benefit, or
    (iv) The preservation of a historically important land area or a 
certified historic structure.
    Eligible lands. Private forest lands that:
    (1) Are threatened by conversion to nonforest uses;
    (2) Are not lands held in trust by the United States, including 
Indian reservations and allotment land,
    (3) Can provide defined community benefits under the Community 
Forest Program and allow public access if acquired by an eligible 
entity.
    Equivalent officials of Indian tribes. Individual(s) designated and 
authorized by the Indian tribe to manage the forest proposed for 
acquisition.
    Federal appraisal standards. The current Uniform Appraisal 
Standards for Federal Land Acquisitions developed by the Interagency 
Land Acquisition Conference (also known as the yellow book).
    Fee-simple. Absolute interest in real property, versus a partial 
interest such as a conservation easement.
    Forest lands. Lands that are at least five acres in size, suitable 
to sustain natural vegetation, and at least 75 percent forested. 
Forests are determined both by the presence of trees and the absence of 
incompatible nonforest uses.
    Grant recipient. An eligible entity that receives a grant from the 
Forest Service through the Community Forest Program.
    Landscape conservation initiative. A conservation or management 
plan or activity that identifies conservation needs and goals of a 
locality, state, region, or Tribe. Examples of initiatives include 
community green infrastructure plans, a community or county land use 
plan, a Statewide Forest Action Plan, etc. The conservation goals 
identified in the plan must correspond with the community and 
environmental benefits outlined for the Community Forest Program 
project.
    Nonforest uses. Uses other than forest management that may be 
compatible or incompatible with maintaining community forest purposes.
    (1) Compatible nonforest uses that may be compatible with a 
community forest as part of an undeveloped landscape may include:

[[Page 76255]]

    (i) Cultivated farmland, pasture, grassland, shrubland, open water, 
and wetlands;
    (ii) Low-impact structures or facilities that support the purposes 
of the community forest and the Community Forest Program, such as 
recreational facilities, trails, concession and educational kiosks, 
energy development for onsite use, facilities associated with 
appropriate forest management, and parking areas.
    (2) Incompatible nonforest uses are activities that threaten forest 
cover and are inconsistent with the Community Forest Plan. These uses 
may include, but are not limited to:
    (i) Subdivision;
    (ii) Residential development, except for a caretaker building;
    (iii) Mining and nonrenewable resource extraction, except for 
activities that would not require surface disturbance of the community 
forest such as directional drilling for oil and gas development or 
onsite use of gravel from existing gravel pits;
    (iv) Industrial use, including the manufacturing of products;
    (v) Commercial use, except for sustainable timber or other 
renewable resources, and limited compatible commercial activities to 
support cultural, recreational and educational use of the community 
forest by the public; and
    (vi) Structures, facilities, or organized, continuous, or recurring 
activities that disturb or compact the surface and/or impact forest and 
water resources in a manner that threatens the benefits and objectives 
of the community forest.
    Public access. Access that is provided on a non-discriminatory 
basis at reasonable times and places, but may be limited to protect 
cultural and natural resources or public health and safety.
    State Forester. The State employee who is responsible for 
administration and delivery of forestry assistance within a State, or 
equivalent official.


Sec.  230.3  Application process.

    (a) The Forest Service will issue a national request for 
applications (RFA) for grants under the Community Forest Program. The 
RFA will be posted to http://www.grants.gov and other venues. The RFA 
will include the following information:
    (1) The process and timeline for submitting an application;
    (2) Application requirements (Sec.  230.4);
    (3) Review process and criteria that will be used by the Forest 
Service (Sec.  230.5); and
    (4) Additional information as the Forest Service determines 
appropriate.
    (b) Pursuant to the RFA, interested eligible entities will submit 
an application for program participation to:
    (1) The State Forester or equivalent official, for local 
governments and qualified nonprofit organizations, or
    (2) The equivalent officials of the Indian tribe, for applications 
submitted by an Indian tribe.
    (c) Interested eligible entities will also notify the Forest 
Service, official identified in the RFA, when submitting an application 
to the State Forester or equivalent officials of the Indian tribe.
    (d) The State Forester or equivalent official of the Indian tribe 
will forward all applications to the Forest Service and, as time and 
resources allow, provide a review of each application to help the 
Forest Service determine:
    (1) That the applicant is an eligible entity;
    (2) That the land is eligible;
    (3) That the proposed project has not been submitted for funding 
consideration under the Forest Legacy Program; and
    (4) Whether the project contributes to a landscape conservation 
initiative.
    (e) If an applicant seeks technical assistance from the State 
Forester, nontribal applicants should contact the State Forester to 
discuss what technical assistance is needed and confirm that the State 
Forester is willing to provide that assistance. Tribal applicants 
should work with their equivalent officials (as defined in Sec.  230.2) 
to discuss and arrange similar technical assistance needs. Applicants 
must include a separate budget that outlines the financial needs 
associated with technical assistance activities (Sec.  230.10).
    (f) A proposed application cannot be submitted for funding 
consideration simultaneously for both the Community Forest Program and 
the Forest Service's Forest Legacy Program (16 U.S.C. 2103c).


Sec.  230.4  Application requirements.

    An application must include:
    (a) Documentation verifying that the applicant is an eligible 
entity and that the proposed acquisition is of eligible lands.
    (b) Details of the property proposed for acquisition:
    (1) A description of the property, including acreage and county 
location;
    (2) A description of current land uses, including improvements and 
plans for utilization or demolition of existing structures;
    (3) A description of forest type and vegetative cover;
    (4) A map of sufficient scale to show the location of the property 
in relation to roads and other improvements as well as parks, refuges, 
or other protected lands in the vicinity;
    (5) A description of applicable zoning and other land use 
regulations affecting the property;
    (6) Relationship of the property within and its contributions to a 
landscape conservation initiative; and
    (7) A description of any threats of conversion to nonforest uses.
    (c) Information regarding the proposed establishment of a community 
forest, including:
    (1) Objectives of the community forest;
    (2) A description of the benefiting community, including 
demographics, and the associated benefits provided by the proposed land 
acquisition;
    (3) A description of the community involvement to date in the 
planning of the community forest and of the community involvement 
anticipated in its long-term management;
    (4) Description of the planned public access and the rationale for 
any proposed limitations such as protection of cultural or natural 
resources, or public health and safety concerns; and
    (5) An identification of persons and organizations that support the 
project and their specific role in acquiring the land and establishing 
and managing the community forest.
    (6) If the project is within the designated boundary of a federal 
management unit, a letter of support for the project from the federal 
land manager.
    (7) A description of the resources that will be used to maintain 
and manage the property as a community forest in perpetuity.
    (d) Information regarding the proposed land acquisition, including:
    (1) A proposed project budget including a table and/or narrative 
detailing the source/type of non-federal cost share and all allowable 
expenses associated with the project (Sec.  230.6)
    (2) Requests for State Forester, or equivalent official of Indian 
tribes, technical assistance in Community Forest Plan preparation 
should be listed separately in the budget, along with their estimated 
costs of providing assistance (Sec.  230.10);
    (3) The status of due diligence, as documented by a signed option 
or purchase and sale agreement, title search, minerals determination, 
and appraisal;
    (4) Description and status of cost share (secure, pending, 
commitment letter, etc.) (Sec.  230.6);
    (5) The status of negotiations with participating landowner(s) 
including purchase options, contracts, and other terms and conditions 
of sale;

[[Page 76256]]

    (6) The proposed timeline for completing the acquisition and 
establishing the community forest; and
    (7) Long term management costs and funding source(s).
    (e) Applications must comply with the Uniform Federal Assistance 
Regulations (2 CFR parts 200 and 400).


Sec.  230.5  Ranking criteria and proposal selection.

    The Forest Service will evaluate all applications received by the 
State Foresters or equivalent officials of the Indian tribes and award 
grants based on the following criteria:
    (a) Type and extent of community benefits provided (Sec.  230.2);
    (b) Extent and nature of community engagement in the establishment 
and long-term management of the community forest;
    (c) Extent to which the community forest contributes to a landscape 
conservation initiative;
    (d) Likelihood that, if unprotected, the property would be 
converted to nonforest uses;
    (e) Amount and proportion of cost share leveraged;
    (f) Extent of due diligence completed on the project, including 
cost share committed and status of appraisal;
    (g) Costs to the Federal government; and
    (h) Additional considerations as may be outlined in the RFA.


Sec.  230.6  Project costs and cost share requirements.

    (a) The Community Forest Program federal contribution cannot exceed 
50 percent of the total project costs.
    (b) Allowable project and cost share costs will include the 
purchase price and the following transactional costs associated with 
the acquisition:
    (1) Appraisals and appraisal reviews;
    (2) Land surveys;
    (3) Legal and closing costs;
    (4) Development of the Community Forest Plan; and
    (5) Title examination.
    (c) The principles and procedures for determining allowable costs 
for grants are outlined in 2 CFR part 400, Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements.
    (d) Allowable project costs do not include the following:
    (1) Long-term operations, maintenance, and management of the land;
    (2) Construction of buildings or recreational facilities;
    (3) Research;
    (4) Existing liens or taxes owed; and
    (5) Costs associated with preparation of the application, except 
any allowable project costs specified in Sec.  230.6(b) completed as 
part of the application.
    (e) Cost share contributions can include cash, in-kind services, or 
donations and must:
    (1) Be supported by grant regulations described above;
    (2) Not include other Federal funds unless specifically authorized 
by Federal statute;
    (3) Not include non-Federal funds used as cost share for other 
Federal programs;
    (4) Not include funds used to satisfy mandatory or compensatory 
mitigation requirements under a Federal regulation, such as the Clean 
Water Act, the River and Harbor Act, or the Endangered Species Act;
    (5) Not include borrowed funds, as defined in Sec.  230.2; and
    (6) Be accomplished within the grant period.
    (f) Cost share contributions may include the purchase or donation 
of other lands located within the community forest as long as it is 
provided by an eligible entity and legally dedicated to perpetual land 
conservation consistent with Community Forest Program and community 
forest objectives; such donations need to meet the acquisition 
requirements specified under Sec.  230.8 (a) (1)(ii).
    (g) For purposes of calculating the cost share contribution, the 
grant recipient may request inclusion of project due diligence costs, 
such as title review and appraisals, incurred prior to issuance of the 
grant. These pre-award costs may have been incurred up to one year 
prior to the issuance of the grant, but cannot include the purchase of 
Community Forest Program land, including cost share tracts.


Sec.  230.7  Grant requirements.

    (a) Once an application is selected, funding will be obligated to 
the grant recipient through a grant.
    (1) The following grant forms and supporting materials must be 
completed after project selection in order to receive the grant:
    (i) An Application for Federal Assistance (Standard Form 424);
    (ii) Budget information (Standard Form 424c--Construction 
Programs);
    (iii) Assurances of compliance with all applicable Federal laws, 
regulations, and policies (Standard Form 424d-- Construction Programs); 
and
    (iv) Additional forms, as may be required to award the grant.
    (2) The grant paperwork must adhere to the requirements outlined in 
2 CFR parts 200 and 400, Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
    (b) The initial grant period will be two years, and acquisition of 
lands should occur within that timeframe. The grant may be reasonably 
extended by the Forest Service when necessary to accommodate unforeseen 
circumstances in the land acquisition process.
    (c) The Forest Service must approve any amendment to a proposal or 
request to reallocate funding within a grant proposal.
    (d) The grant recipient must comply with the requirements in Sec.  
230.8(a) of this subpart before funds will be released.
    (e) After the grant has closed, grant recipients must provide the 
Forest Service with a Geographic Information System (GIS) shapefile: a 
digital, vector-based storage format for storing geometric location and 
associated attribute information, of Community Forest Program project 
tracts and cost share tracts, if applicable.
    (f) Any funds not expended within the grant period must be de-
obligated and revert to the Forest Service for redistribution.
    (g) All media, press, signage, and other documents discussing the 
creation of the community forest must reference the partnership and 
financial assistance by the Forest Service through the Community Forest 
Program.


Sec.  230.8  Acquisition requirements.

    (a) Prior to closing on an acquisition, grant recipients 
participating in the Community Forest Program must complete the 
following, which applies to all tracts, including cost share tracts:
    (1) Complete an appraisal:
    (i) For lands purchased with Community Forest Program funds, the 
appraisal must comply with Federal Appraisal Standards prior to the 
release of the grant funds. The grant recipient must provide 
documentation that the appraisal and associated appraisal review were 
conducted in a manner consistent with the Federal appraisal standards.
    (ii) For donated cost share tracts, the market value must be 
determined by an independent appraiser. The value needs to be 
documented by a responsible official of the party to which the property 
is donated.
    (2) Notify the landowner in writing of the appraised value of the 
property and that the sale is voluntary. If the grant recipient has a 
voluntary option for less than appraised value, they do not have to 
renegotiate the agreement.
    (3) Purchase all surface and subsurface mineral rights whenever 
possible. However, if severed mineral

[[Page 76257]]

rights cannot be obtained, the grant recipient must follow the 
retention of qualified mineral interest requirements outlined in the 
Internal Revenue Service regulations (26 CFR 1.170A-14(g)(4)), which 
address both surface and subsurface minerals.
    (4) Ensure that title to lands acquired conforms to title standards 
applicable to State land acquisitions where the land is located:
    (i) Title to lands acquired using Community Forest Program funds 
must not be subject to encumbrances or agreements of any kind that 
would be contrary to the purpose of the Community Forest Program.
    (ii) Title insurance must not be a substitute for acceptable title.
    (5) The grant recipient must provide all necessary due diligence 
documentation to regional Forest Service program managers and allow at 
least 60 days for review and acceptance.
    (b) At closing, record a Notice of Grant Requirement with the deed 
in the lands record of the local county or municipality. This document 
must:
    (1) State that the property (including cost share tracts) was 
purchased with Community Forest Program funds;
    (2) Provide a legal description;
    (3) Identify the name and address of the grant recipient who is the 
authorized title holder;
    (4) State the purpose of the Community Forest Program;
    (5) Reference the Grant Agreement with the Forest Service (title 
and agreement number) and the address where it is kept on file;
    (6) State that the grant recipient confirms its obligation to 
manage the interest in real property pursuant to the grant, the 
Community Forest Plan, and the purpose of the Community Forest Program;
    (7) State that the Community Forest may not be sold and will not be 
conveyed or transferred to another eligible entity or encumbered in 
whole or in part, to another party without prior written permission and 
instructions from the Forest Service and when consistent with the 
purposes of the Community Forest Program; and
    (8) State that the grant recipient will manage the interest in real 
property consistent with the purpose of the Community Forest Program.


Sec.  230.9  Ownership and use requirements.

    (a) Grant recipients shall submit a final Community Forest Plan for 
Forest Service review within 120 days of the land acquisition and 
update the plan periodically to guide the management and use of the 
community forest.
    (1) Grantees are encouraged to work with their State Forester or 
equivalent official of their Indian tribe for technical assistance when 
developing or updating the Community Forest Plan. In addition, eligible 
entities are encouraged to work with technical specialists such as 
professional foresters, recreation specialists, wildlife biologists, 
and outdoor education specialists when developing Community Forest 
Plans.
    (2) Reserved.
    (b) Grant recipients shall provide public access in accordance with 
the Community Forest Plan.
    (c) Recipients must manage the property in a manner consistent with 
the purposes of the Community Forest Program. In the event that a grant 
recipient sells or converts a parcel of land acquired under the 
Community Forest Program to nonforest uses or any use inconsistent with 
the purposes of the Community Forest Program, the grant recipient 
shall:
    (1) Pay the United States an amount equal to the current sale price 
or the current appraised value of the parcel, whichever is greater. For 
the purposes of this calculation, the parcel's appraised value will be 
the parcel's full fair market value. The impact of subsequent 
encumbrances, such as the imposition of conservation easements 
consistent with the purposes of this program, will not be considered in 
appraising the parcel's fair market value; and
    (2) Not be eligible for additional grants under the Community 
Forest Program.
    (d) For Indian tribes, land acquired using a grant provided under 
the Community Forest Program must not be sold, converted to nonforest 
uses or a use inconsistent with the purpose of the Community Forest 
Program, or converted to land held in trust by the United States on 
behalf of any Indian tribe.
    (e) Every five years, grant recipients shall submit a self-
certifying statement to the regional Forest Service Program Manager 
confirming that the property has not been sold or converted to 
nonforest uses or a use inconsistent with the purpose of the Community 
Forest Program.
    (f) Grant recipients are subject to periodic spot checks conducted 
by the Forest Service to verify that property acquired under the 
Community Forest Program has not been sold or converted to nonforest 
uses or any use inconsistent with the purpose of the Community Forest 
Program and that the current Community Forest Plan complies with 
defined minimum requirements in Sec.  230.2.


Sec.  230.10  Technical assistance funds.

    Community Forest Program technical assistance funds may be provided 
to State Foresters or equivalent officials of Indian tribes through an 
administrative grant to help implement projects funded through the 
Community Forest Program. These funds are separate from the project 
funds and do not have a cost share requirement. Section 7A (f) of the 
authorizing statute limits the funds allocated to State Foresters or 
equivalent officials of Indian tribes for program administration and 
technical assistance to no more than 10% of all funds made available to 
carry out the program for each fiscal year. Funds will only be provided 
to States or Indian tribes that:
    (a) Have a Community Forest Program project funded within their 
jurisdiction, and
    (b) Indicate the financial need and purpose of technical assistance 
in their Community Forest Program application.

    Dated: November 23, 2015.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2015-30597 Filed 12-7-15; 8:45 am]
 BILLING CODE 3411-15-P
Document Created: 2015-12-14 13:27:45
Document Modified: 2015-12-14 13:27:45
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rule; request for public comment.
Dates		Comments on this proposed regulation must be received in writing by March 7, 2016.
Contact		Maya Solomon, Program Specialist, State and Private Forestry, Cooperative Forestry Staff, (202) 205-1376. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at (800) 877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.
FR Citation		80 FR 76251
RIN Number		0596-AD23
CFR Associated		Grant Programs; Grants Administration; State and Local Governments; Tribal Governments; Nonprofit Organizations; Conservation; Forests and Forest Products and Land Sales
80 FR 76251 - Community Forest and Open Space Rule Revision

DEPARTMENT OF AGRICULTUREForest Service

Federal Register Volume 80, Issue 235 (December 8, 2015)

DEPARTMENT OF AGRICULTURE
Forest Service
