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Stewardship End Result Contracting
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[Federal Register: June 27, 2003 (Volume 68, Number 124)]
[Notices]
[Page 38285-38288]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn03-41]
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DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
RIN 0596-AC03
Stewardship End Result Contracting
AGENCY: Forest Service, USDA, and Bureau of Land Management, DOI
ACTION: Notice of interim guidelines; opportunity for public input.
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SUMMARY: The Department of Agriculture, Forest Service (FS), and the
Department of the Interior, Bureau of Land Management (BLM) would like
to receive public input on the interim guidelines jointly developed to
implement the stewardship end result contracting provisions as
authorized by section 323 of P.L. 108-7, the Consolidated
Appropriations Resolution, 2003 (16 U.S.C. 2104 note). The agencies are
publishing these guidelines in the Federal Register in order to insure
that the public has the opportunity to comment on implementation
guidelines for this new authority granted by Congress. The public's
input will be considered prior to development of final agency policy.
DATES: Public input must be received in writing by July 28, 2003.
ADDRESSES: Written comments concerning this notice should be addressed
to: USDA Forest Service, Forests and Rangelands Staff, Mail Stop 1105,
1400 Independence Avenue, SW., Washington, DC 20024-1105.
Public input on these interim guidelines may also be submitted via
facsimile to (202) 205-1045 or by e-mail to stewardship@fs.fed.us. If
comments are sent via facsimile or e-mail, the public is requested not
to send duplicate written comments via regular mail.
All comments, including names and addresses when provided, will be
available for public inspection and copying. The public may inspect
comments received at the office of the Director of Forests and
Rangelands, 201 14th Street, SW., Washington, DC. Visitors are urged to
call ahead to facilitate entry into the building at (202) 205-0893.
FOR FURTHER INFORMATION CONTACT: Darci Birmingham, Forests and
Rangelands Staff, Forest Service at (202) 205-1759, or Mike Haske,
Renewable Resources and Planning, Bureau of Land Management at (202)
452-0312. Individuals who use telecommunication
[[Page 38286]]
devices for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339 between 8 a.m. and 4 p.m., eastern
standard time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Background
Section 323 of P.L. 108-7, the Consolidated Appropriations
Resolution, 2003, grants the Bureau of Land Management (BLM) and the
Forest Service (FS) authority until September 30, 2013, to enter into
stewardship contracting projects (stewardship projects) with private
persons or public or private entities, by contract or by agreement, to
perform services to achieve land management goals for the national
forests or public lands that meet local and rural community needs. In
this law, Congress expanded the existing FS authority for stewardship
projects to include BLM. FS pilot program authority was previously
granted until September 30, 2004, by section 332 of P.L. 107-63,
Department of the Interior and Related Agencies Appropriations Act,
2002. FS pilot program authority was granted until September 30, 2002,
by section 347 of P.L. 105-277, Department of the Interior and Related
Agencies Appropriations Act, 1999. Pursuant to P.L. 108-7, both Federal
agencies are authorized to enter into stewardship projects to achieve
agency land management objectives that meet local rural community
needs. Until final long-term policy is announced, the BLM will
implement the FY 2003 program in accordance with Instruction Memorandum
2003-107. The Forest Service is relying on this notice as the interim
final policy for stewardship projects, which becomes effective on the
date of publication.
The land management goals for stewardship projects may include
treatments to improve, maintain, or restore forest or rangeland health;
restore or maintain water quality; improve fish and wildlife habitat;
and reduce hazardous fuels that pose risks to communities and ecosystem
values, reestablish native plant species, or other land management
objectives. Stewardship projects are not a replacement for agencies'
existing timber sale programs. Stewardship contracting may differ from
other contracting authorities in the following manner:
--Contracts will be selected on a best value basis;
--Contract length may exceed 5 years but will not exceed 10 years;
--The agencies may apply the value of timber or other forest products
removed as an offset against any services received;
--Monies received from the sale of forest products or vegetation
removed from a stewardship project site may be retained by the agencies
and applied at the project site or at another stewardship project site
without further appropriation;
--A multiparty monitoring and evaluation process is required.
The BLM is implementing stewardship projects on a limited basis in
FY 2003 while guidance for long-term implementation is being developed.
Therefore, BLM has issued an Instruction Memorandum 2003-107 requesting
a list of proposed stewardship projects for consideration. The State
Director will select these projects, with review by the Headquarters
Office of both the BLM and the Department of the Interior.
The FS plans to implement the stewardship contracting authority
much as it did the Stewardship Pilot Program authorized by P.L. 107-63.
The FS will issue an interim directive in Forest Service Handbook
2409.19. Stewardship projects are authorized on all FS units. The FS
will apply lessons learned from the Stewardship Pilot Program when
developing and implementing stewardship projects under the expanded
authority. Forest Supervisors will select the projects for their
respective units. Regional Foresters will provide oversight of the
program.
Description of Interim Guidelines
The following are interim guidelines for all stewardship projects
implemented under section 323 of P.L. 108-7. In developing these
interim guidelines, the agencies considered comments received by the
Pinchot Institute for Conservation from participants at a National
Outreach Forum the Institute held in Washington, DC on April 15, 2003.
USDA and DOI contracted with the Pinchot Institute for Conservation to
conduct this forum. The Pinchot Institute for Conservation is also
under contract with the FS to monitor implementation of the 84 FS
stewardship pilot projects.
1. Stewardship projects authorized by Public Law 108-7 will be
designed to achieve land management goals by modifying vegetation to
make forests and rangelands more resilient to natural disturbance
mechanisms such as wind, flood, fire, insects, and disease. The
objectives of these projects may include improving forest and rangeland
health, restoring or maintaining water quality, improving fish and
wildlife habitat, reestablishing native plant species, and/or reducing
hazardous fuels that pose risks to communities and ecosystem values.
2. Deriving revenue from the sale of any by-products or other
materials designated for removal from these stewardship projects will
be a secondary objective to the restoration goals. Forest products will
be appraised at fair market value. Contracts of a duration longer than
3 years will allow for price adjustment for the value of these
materials to protect the public interest as new markets develop.
3. The agencies will use an open, collaborative process and, as
appropriate, will seek early involvement of local government agencies,
including tribal governments, and any interested groups or individuals
in various phrases of project development and implementation.
4. The agencies will seek to use the stewardship authority in
conjunction with other land management authorities to develop and
implement stewardship projects across agency administrative boundaries.
The agencies will seek to achieve land management goals on a watershed,
or larger scale.
5. The Forest Service may collect residual receipts pursuant to the
Knutson-Vandenberg Act of June 9, 1930, and the National Forest
Management Act of 1976, from excess offset value.
6. All stewardship projects will comply with applicable
environmental laws and regulations, including an appropriate level of
environmental review under the National Environmental Policy Act, and
will be consistent with applicable agency land and resource management
plans. Projects will be subject to applicable agencies' appeals and
dispute resolution processes.
7. The agencies may use existing contract or assistance
instruments, as appropriate, to implement stewardship projects. In
addition, the agencies may develop new contracting mechanisms as needed
to implement stewardship projects consistent with relevant laws,
regulations, and guidelines.
8. In awarding a stewardship contract on a best value basis, the
agencies may, in addition to cost or price, consider such criteria as
the contractor's past performance, work quality, existing public or
private agreements or contracts, on-time delivery, and experience. The
agencies may consider the benefits to local and rural community needs
when considering award of a stewardship contract on a best value basis.
The agencies' may use non-traditional contractors or recipients, such
as counties or not-for-profit or non-
[[Page 38287]]
governmental organizations, if consistent with relevant authorities.
9. The agencies may use all available authorities to involve a wide
range of contractors or recipients, allow for offsets to be utilized
for other restoration treatments. The agencies will maintain Federal
agency control and oversight of operations to assure the protection of
public assets and compliance with environmental requirements.
10. Contractors who are awarded stewardship contracts will provide
such bonds as may be required under law or regulation. The agencies may
require performance and payment bonds in order to protect the
government's investment in receipts from forest products to be removed
under a contract or agreement under Pub. L. 108-7.
11. The agencies will develop a two-phased training approach to
implement this authority. Internal agency training will focus on
allowing for contracting authority to occur as close to the field as
practicable and will cover topics such as project management,
performance based end-result contracting and trading goods for
services. Agencies also will provide external training subject to
available funding to assist contractors in developing skills to do the
work required by the contract, and knowledge in competing for and
performing on stewardship contracts.
12. The agencies will utilize multiparty monitoring, open to
interested groups or individuals, to monitor and evaluate an
appropriate sampling of the projects or programs at the appropriate
levels. If supported by the local collaborative process, monitoring
will be conducted at the project level, subject to available funding,
and will be well coordinated among administrative units to ensure that
the sampling of projects monitored is geographically diverse and
represents the range of projects undertaken. Multi-party monitoring
will focus on:
a. The status of development, execution, and administration of
agreements or contracts,
b. The specific accomplishments that have resulted,
c. The role of local communities in development of agreement or
contract plans.
13. When reporting to Congress, the agencies will utilize
performance and workload measures consistent with the Government
Performance and Results Act. To the extent practicable, these measures
will be consistent across the Department of the Interior and the
Department of Agriculture.
14. Stewardship contracting provides for multiple year contracts up
to 10 years duration. The agencies are encouraged to use multiple-year
funding to provide incentives to potential sources to make investments
in long-term landscape improvement projects.
15. In accordance with law, the agencies will maintain authority
over all phases of development and implementation of contracts and
agreements under this authority and will administer them in a manner
consistent with their intended goals.
16. Project managers will separately track the values of the goods
being sold and the services being received for each project.
17. Use of receipts is limited to direct on-the-ground project
implementation. Receipts will not be used for overhead, administrative,
or indirect costs or the completion of environmental studies or other
planning and analysis.
18. The use of full and open competition will remain standard
operating practice and anything less than full and open competition
will need to be documented and approved by the appropriate Regional
Forester for the FS and the appropriate State Director for BLM.
Conclusion
The FS and BLM are seeking public comment on interim agency
guidelines to implement stewardship projects, as authorized by section
323 of Pub. L. 108-7, to achieve agency land management objectives and
meet community needs for improving, maintaining, and restoring forest
or rangeland health; restoring and maintaining water quality, improving
fish and wildlife habitat; and reducing hazardous fuels that pose risks
to communities and ecosystem values. The agencies will continue to
examine this interim policy for additional changes that may need to be
made to their respective directive systems or agency regulations.
Public input received will be considered in the development of final
policy for each agency.
Regulatory Certification
Environmental Impact
These interim guidelines would provide guidance to BLM and FS
employees for implementing stewardship contracting authority. Section
31.1b of Forest Service Handbook 1909.15 (57 FR 43180; September 18,
1992) excludes from documentation in an environmental assessment
statement ``rules, regulations, or policies to establish Service-wide
administrative procedures, program processes, or instructions.'' The
agency's preliminary assessment is that these guidelines fall 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 agency policy.
In addition, the Department of the Interior Manual 516 DM, chapter
2, Appendix 1 categorically excludes from documentation in an
environmental assessment or environmental impact statement ``policies,
directives, regulations, and guidelines of an administrative,
financial, technical, or procedural nature.'' The agencies' preliminary
assessment is that these guidelines fall within these categories of
actions and that no extraordinary circumstances exist that would
require preparation of an environmental assessment or environmental
impact statement. A final determination will be made upon adoption of
the final agency policy.
Regulatory Impact
These interim guidelines have been reviewed under USDA and DOI
procedures and Executive Order 12866 on Regulatory Planning and Review.
The Office of Management and Budget has determined that these interim
guidelines are not significant. Moreover, these guidelines have been
considered in light of Executive Order 13272 regarding proper
consideration of small entities, and the Small Business Regulatory
Enforcement Fairness Act (SBREFA), which amended the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), and it has been determined that
these guidelines would not have a significant economic impact on a
substantial number of small entities as defined by SBREFA because they
would not impose record keeping requirements on them; they would not
affect their competitive position in relation to large entities; and
they would not affect their cash flow, liquidity, or ability to remain
in the market.
Federalism
The agencies have considered these interim guidelines under the
requirements of Executive Order 13132 on Federalism and have made an
assessment that the guidelines conform with the federalism principles
set out in this Executive order; would not impose any compliance costs
on the States; and would not have substantial direct effects on the
States or the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore,
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the agencies have determined that no further assessment of federalism
implications is necessary at this time.
Consultation and Coordination With Indian Tribal Governments
These interim guidelines do not have tribal implications as defined
by Executive Order 13175 on Consultation and Coordination with Indian
Tribal Governments, and therefore, advance consultation with tribes is
not required. However, the projects resulting from these guidelines
that do have tribal implications as defined by Executive Order 13175
will result in consultation and coordination with the appropriate
tribal government.
No Takings Implications
These interim guidelines have been analyzed in accordance with the
principles and criteria contained in Executive Order 12630 on
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and it has been determined that the guidelines do not
pose the risk of a taking of Constitutionally protected private
property.
Energy Effects
These interim guidelines have been reviewed under Executive Order
13211 on Actions Concerning Regulations that Significantly Affect
Energy Supply, Distribution, or Use. It has been determined that these
guidelines do not constitute a significant energy action as defined in
the Executive order.
Controlling Paperwork Burdens on the Public
These guidelines do not contain any additional record keeping or
reporting requirements not already required by law or not already
approved for use, and therefore, impose no additional paperwork burden
on the public associated with the timber harvest program or other
information collection requirements as defined in 5 CFR part 1320.
Accordingly, the review provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.) and it's implementing regulations at 5
CFR part 1320 do not apply.
For the Forest Service, Department of Agriculture:
Dated: June 23, 2003.
Dale N. Bosworth,
Chief.
For the Bureau of Land Management, Department of the Interior:
Dated: June 19, 2003.
Jim Hughes,
Deputy Director.
[FR Doc. 03-16348 Filed 6-26-03; 8:45 am]
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