Forest Legacy Program
Published on AidPage by IDILOGIC
on Jun 24, 2005
Purpose of this program:
To effectively protect and conserve environmentally important forest areas that are threatened by conversion to nonforest uses, through conservation easements and other mechanism. The FLP is a voluntary private land conservation partnership between the Forest Service, participating States, land trusts, private landowners, and others. The Program works with State partners and operates on a ?willing seller and willing buyer? basis and is completely nonregulatory in its approach. No eminent domain authority or adverse condemnation is authorized for this Program. Participating States are required to complete an Assessment of Need (AON), which analyzes the need for the program and describes how the program will be implemented within the State.
Possible uses and use restrictions...
Landowner participation in the program is voluntary and consists of conveying land or interests in land to achieve land conservation objectives and preparing and periodically updating a Forest Stewardship Management Plan or a multi-resource management plan.
Who is eligible to apply...
Projects are evaluated and prioritized by State lead agencies, in consultation with the State Forest Stewardship Coordinating Committees. All States, Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam, and other territories and possessions of the United States may be eligible.
Each State must prepare an Assessment of Need (AON). This document analyzes the need for the program and describes how the program will be implemented within the State. The FS Regional, Area, or Institute Responsible Official must concur with the State?s AON. Requirements for an eligible project are: (1) project is within an approved Forest Legacy Area and fits within the priorities of a State?s AON; (2) an approved Forest Stewardship Plan or a multi-resource management plan for the project; (3) complies with FLP State and National criteria; (4) a completed grant application; (5) an approved appraisal, meeting Federal acquisition appraisal standards as outlined in the Uniform Appraisal Standards for Federal Land Acquisitions; (6) negotiated terms of a conservation easement, if applicable; and, (7) adequate non-Federal cost share.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
Application requirements must comply with the Code of Federal Regulations (7 CFR 3016), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Individual participating States have application duties and procedures.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
The Forest Service will conduct an annual project selection process to arrive at a prioritized national project list for inclusion in the Presidents budget.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
States are required to submit Form SF-424 for each eligible project. An annual project selection calendar with due dates will be developed each fiscal year, and will identify deadlines and approval times.
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
An annual project selection calendar with due dates will be developed each fiscal year, and will identify deadlines and approval times.
The participating State, private landowner, and participating land trust, when applicable, will negotiate the terms of the conservation easement or acquisition. Forest management activities, including timber management, may be allowed on tracts when consistent with the State AON and the purposes for tract acquisition. In addition, an initial appraisal of the property and a Forest Stewardship Plan should be initiated.
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
State agency, landowners of private forest lands, and land trust organizations.
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
The funding, for fixed or known periods, of specific projects. Project grants can include fellowships, scholarships, research grants, training grants, traineeships, experimental and demonstration grants, evaluation grants, planning grants, technical assistance grants, survey grants, and construction grants.
How much financial aid...
Range and Average of Financial Assistance
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
FY 03 $68,380,000; FY 04 $64,134,000; and FY 05 est $100,019,000.
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Account Identification: 12-1105-0-1-302 (SPLG)
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
1. Mt. Blue/Tumbledown, Maine - Hancock Timber Resources Group put on the open market 11,800 acres of forest land in western Maine, including the peak of Tumbledown Mountain, one of Maine's most popular recreation spots. In addition, another 10,000 acres surrounding Mt. Blue State Park was put on the market by another timber company, with a portion of it sold immediately to a liquidator who cleared all the timber and immediately subdivided it into 40 acre lots. Working with a Maine-based forest products company, Hancock Lumber, and the local community, the state of Maine secured the protection of Tumbledown's summit and purchased an easement on other lands that are now owned by Hancock Lumber, ensuing continued timber for its mill. All told, over 21,000 acres have been protected, ensuring continued public access to outstanding recreational lands and maintaining sustainable harvesting to support the economic backbone of western Maine. Forest Legacy funding of $2.2 million was provided to help supplement private and state funding for this $5.04 million project. 2. Mountains to Sound Greenway, Washington ? Forest Legacy funds helped to protect tracts critical to the scenic and ecologic integrity of this unique corridor from expanding development. Surrounded by protected land on two sides and rural development on the others, the Mountains to Sound Greenway and is highly visible from both Rattlesnake Ridge and I-90. The acquisitions preserved scenic values, habitat, wildlife corridors, water quality and working forest opportunities that would have otherwise been lost to private development. Individual tracts of the Mountains to Sound Greenway protected with Forest Legacy funds include Rattlesnake Ridge, Issaquah Creek and Lake Sammamish, critical in protecting local water quality and an important fishery and salmon rearing resource. The acquisitions were a locally-driven multifaceted effort by private, public, and non-profit initiative to protect targeted landscapes for multiple use management. 3. Anderson Tully, Tennessee - In 2001, Anderson Tully Company announced its intention to sell 11,807 acres of unleveed, bottomland hardwood forest on the Mississippi River in Lauderdale County, Tennessee. Because of the company's excellent forest stewardship record and long history of cooperation with the state in making the land available for public access and hunting - the property was extremely attractive to both forestry and wildlife agencies in the state. The most likely alternative for this property was purchase by private interests and loss of public access. The Nature Conservancy worked with the state agencies and Anderson Tully to negotiate a $15 million purchase price, $1 million less than the appraised value of the property. Without Forest Legacy, this project would not have been possible. The Forest Legacy program contributed $8 million, which was matched by contributions from The Nature Conservancy, the Wild Turkey Federation, state Wetlands Acquisition Fund, and the North American Wetlands Conservation Program, the state Natural Areas Program - to name a few - and enjoyed strong support of both the Tennessee and Mississippi congressional delegations. Because of the work of this partnership the Anderson Tully property - now known as the John Tully Wildlife Management Area - will remain open for public access, Forest Stewardship Council certified timber management will be conducted by TN Division of Forestry at a demonstration forest on a portion of the property, and high-value waterfowl habitat on the Mississippi River will be protected on into the future. 4. Peaceful Valley Ranch, Utah - Just one mile downstream from the East Canyon Reservoir, this area serves as a source of drinking water for seven counties in the Weber Basin Water District. All told, 16,000 acres of critical watershed lands have been protected through
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
As of July 2003, the program protected more than 350,000 acres of land at a cost of approximately $99,000,000.
Criteria for selecting proposals...
Project evaluation and ranking is based on the three national core criteria (importance, threatened, and strategy, as defined in FLP Implementation Guidelines) as well as project readiness and other evaluation considerations developed in consultation with States and FS Units.
Length and Time Phasing of Assistance
Assistance is provided via grants to States. Typical grant period is two years. Grants can receive a no cost extension up to five years with justification and is approved by the Forest Service.
Formula and Matching Requirements
Federal contribution cannot exceed 75 percent of the total project costs, and at least a 25 percent non-Federal cost share is required. The non-Federal cost share may consist of: funds, donations, land or interests in land, in-kind contributions, direct costs, indirect costs, and others as determined by the Forest Service. Funds will be provided to the States on a per-project basis, as determined by the annual Appropriations Law. The non-Federal cost share can occur at any phase of the project within the legal grant period, including planning, developing future projects, acquisition, capital improvement, management, or administrative activities.
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
States are required to submit quarterly reports on outstanding grants. States are required to monitor properties with conservation easements. Project specific Forest Stewardship Plans are required to be established and updated periodically.
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
Use of all funds will have to meet Federal and State audit requirements
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
State Lead Agencies are required to retain complete grant files on each grant issued. States must report annual accomplishments data in a Performance Management Accountability System. States are also required to input project information into the Forest Legacy Information System.
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Food, Agriculture, Conservation, and Trade Act of 1990, Public Law 101-624, as amended by Food, Agriculture, Conservation, and Trade Act, December 13, 1991, Public Law 102-237.
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
Forest Legacy Program Implementation Guidelines of 2003.