United States Department of Agriculture Forest Legacy Program Implementation Guidelines Forest Service FS-1088 May 2017 Forest Legacy Program Implementation Guidelines a In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust. html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected]. USDA is an equal opportunity provider, employer, and lender. Forest Legacy Program Implementation Guidelines United States Department of Agriculture Forest Legacy Program Implementation Guidelines Forest Service FS-1088 May 2017 Forest Legacy Program Implementation Guidelines 1 Table of Contents Part I – Forest Legacy Program Overview 9 1. Background and History 9 2. Purpose and Authority 10 3. Other Related Laws 11 Part II – Forest Legacy Program Structure and Funding 15 4. Options for State Participation 15 5. Roles and Responsibilities 15 6. State Forest Action Plans 18 7. Forest Legacy Program and Project Funds 22 Part III – Forest Legacy Program: Project Eligibility and Selection 25 8. Project Eligibility and Development 25 9. Project Selection Process 32 Part IV – Forest Legacy Program Procedures and Grant Requirements 35 10. Grant Requirements for States 35 11. Federal Acquisition Procedures 40 12. Cost-Share and Donated Tracts 42 Part V – Land Acquisition Process and Requirements 45 13. Due Diligence for Acquisition 45 14. Conservation Easement Language 48 15. Fee Simple Purchase Deed Language 56 16. Appraisal and Appraisal Review 61 17. Multi-Resource Management Plans 63 Part VI – Post-Acquisition Requirements 67 18. Forest Legacy Information System 67 19. Recordkeeping Policy 69 20. Stewardship of Forest Legacy Program Tracts 73 21. Other Post-Acquisition Considerations 76 22. Amendments to Conservation Easements 77 23. Extinguishment of a Conservation Easement; Disposal of Fee Land; Reimbursement 81 Forest Legacy Program Implementation Guidelines 3 Part VII – Program Oversight 87 24. Forest Legacy Program Reviews 87 25. Quality Assurance Inspections 87 Part VIII –Forest Legacy Program Glossary of Terms and Acronyms 91 26. Glossary of Terms 91 27. Forest Legacy Program Acronyms 99 Part IX – Appendixes 103 Appendix A – Authorizing Legislation for the Forest Legacy Program 103 Appendix B – National Environmental Policy Act (NEPA) Categorical Exclusion Letter 107 Appendix C – USDA Forest Service Map 109 Appendix D – Landowner Application 110 Appendix E – Examples of Forest and Nonforest Uses 116 Appendix F – Compatibility Analysis Tool 119 Appendix G – Forest Legacy Program Project Selection Cycle 122 Appendix H – Grant and Cost-Share Requirements 123 Appendix I – Forest Legacy Program Award Provisions 125 Appendix J – Examples of Cost-Share Calculations 131 Appendix K – Baseline Documentation Report Sample 133 Appendix L – Amicable Agreement Acknowledgment Letter 136 Appendix M – Conservation Easement Language Examples 137 Appendix N – Guide to Evaluating Appraisal Risk Factors 145 Appendix O – Sample Content of a Multi-Resource Management Plan 147 Appendix P – T ract Boundary Submission Standards for Forest Legacy Information System 149 Appendix Q – Forest Legacy Program Recordkeeping 150 Appendix R – Supplemental Amendment Information 156 Appendix S – State Forest Legacy Program Reviews 158 Appendix T – Forest Service Regions/Northeastern Area/International Institute of Tropical Forestry Forest Legacy Program Reviews 161 Appendix U – Process for Conducting Quality Assurance Inspections 164 Appendix V – Sample Graphics and Signs 167 4 Forest Legacy Program Implementation Guidelines General Information for Landowners The Forest Legacy Program (FLP) uses both fee-simple land purchases and permanent conservation easements to protect important forest areas from development and fragmentation in order to ensure conservation of the important public benefits that forests provide. The FLP is implemented as a grant program with State agencies, and those agencies hold the interest in the land acquired with FLP funds. The FLP operates on a willing buyer- willing seller basis, and the FLP may not use condemnation if negotiation does not result in a mutually acceptable agreement. With fee transactions, the landowner conveys all his or her interest in the land by selling the land. In the case of a conservation easement, the landowner chooses to perpetually restrict certain uses of his or her land. Conservation easements restrict development, limit uses that impact the conservation values, and require adherence to a Multi-Resource Management Plan to protect values such as soil and water, biological diversity, recreation, timber, and more. Projects are selected for funding through a competitive process—first at the State level and then at the national level. The process of applying, being selected, receiving funding, and conducting due diligence (appraisal and appraisal review, title review, survey, etc.) on a project can take several years. It requires a high degree of commitment from landowners and partners. If a landowner is interested in participating in the FLP by selling his or her land or conveying a conservation easement, the first step is to get in touch with the State contact for the FLP in the State where the property is located to discuss general and State-specific program requirements. (General discussion of eligibility can be found in Section 8.) A list of State contacts can be found at https://www.fs.fed.us/spf/coop/library/flp_all_contacts.pdf). Forest Legacy Program Implementation Guidelines 5 I. Introduction to the Forest Legacy Program Implementation Guidelines The Forest Legacy Program (FLP) was established in 1990 through an amendment to the Cooperative Forestry Assistance Act (CFAA) of 1978 (16 USC 2101 et seq.). The purpose of the FLP is to identify and protect environmentally important private forestlands that are threatened by conversion to nonforest uses and provide the opportunity for continuation of traditional forest uses, such as forest management activities and outdoor recreation. Landowner participation in the FLP, including the sale of lands and interests in lands, is entirely voluntary. The U.S. Department of Agriculture, Forest Service, implements the FLP through State participation, consistent with these National FLP Implementation Guidelines, and as described in each State Forest Action Plan. The Forest Service and States also cooperate with tribal and local governments, other Federal agencies, forest landowners, land trust organizations, and other partners to implement the FLP. The primary intended audience for these Guidelines are Forest Service and State program coordinators. These Guidelines provide direction to the Forest Service and State partners for implementation of the FLP. Landowners may refer to Part 1, Sections 1 and 2, for general program information and Part III, Section 8 for discussion of project eligibility. Program implementation varies by State, so please go to https://www.fs.fed.us/spf/coop/programs/loa/flp.shtml website to find appropriate FLP contacts and information. These Guidelines were first issued in 1992, and then updated in 1996, 2003, and 2011 in consultation with the States. This version replaces all previous versions and applies to future FLP activities. Open FLP grants that were awarded prior to the issuance of these revised Guidelines must follow the version in effect at the time of the grant award, or alternatively, existing grants could be modified to be guided by these new Guidelines.This document is organized into nine parts: Part I – Forest Legacy Program Overview Part II – Forest Legacy Program Structure and Funding Part III – Forest Legacy Project Eligibility and Selection Part IV – Forest Legacy Program Procedures and Grants Management Part V – Land-Acquisition Process and Requirements Part VI – Post-Acquisition Requirements Part VII – Program Oversight Part VIII – Forest Legacy Program Glossary of Terms and Acronyms