Title 36—Parks, Forests, and Public Property--Volume 1
PART 230—STATE AND PRIVATE FORESTRY ASSISTANCE
§ 230.1   Purpose and scope.
(a)(1) 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. This subpart is designed to allow Community Forest and Open Space Program (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.
(2) This subpart applies to grants awarded prior to and after May 3, 2021.
(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.
§ 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 (including tangible and intangible resources) 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); includes federally recognized Indian Tribes and Alaska Native Corporations.
(3) Qualified nonprofit organization. As defined by the Community Forest Program authorizing statute (16 U.S.C. 2103d(a)(4)), any 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 for fish, wildlife, or plants, or similar ecosystem;
(iii) The preservation of open space (including farmland and forest land) for the scenic enjoyment of the general public or pursuant to a clearly delineated Federal, State, or local governmental conservation policy, where such preservation 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; and
(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 governing body of 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, or region. Examples of initiatives include community green infrastructure plans, a community or county land use plan, Indian Tribes' area of interest/homelands plans, 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) Nonforest uses that may be compatible with a community forest may include:
(i) Cultivated farmland, pasture, grassland, shrubland, open water, and wetlands; and
(ii) Low-impact structures or facilities that supports 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 (including tangible and intangible resources) 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.
§ 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 as well as other venues. The RFA will include the following information:
(1) The process and timeline for submitting an application;
(2) Application requirements (§ 230.4);
(3) Review process and criteria that will be used by the Forest Service (§ 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, pursuant to 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 (§ 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 (§ 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).
§ 230.4   Application requirements.
(a) Documentation verifying that the applicant is an eligible entity and that the proposed acquisition is of eligible lands.
(b) Applications must include 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 (including tangible and intangible resources) or natural resources, or public health and safety concerns;
(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; and
(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 (§ 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 (§ 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.) (§ 230.6);
(5) The status of negotiations with participating landowner(s) including purchase options, contracts, and other terms and conditions of sale;
(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 (7 CFR part 3015).
§ 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 (§ 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, unprotected, the property would be converted to nonforest uses;
(e) Amount 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.
§ 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) 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 paragraph (b) of this section 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 in paragraphs (a) through (d) of this section;
(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 § 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 § 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.
§ 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 part 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) 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 § 230.8(a) 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.
§ 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 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 permission and instructions from the Forest Service; and
(8) State that the grant recipient will manage the interest in real property consistent with the purpose of the Community Forest Program.
§ 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.
(b) 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.
(c) Grant recipients shall provide public access in accordance with the Community Forest Plan.
(d) 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 the calculation in this paragraph (d)(1), 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 the Community Forest 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.
(e) 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.
(f) 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.
(g) 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 § 230.2.
§ 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 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.
§ 230.20   Scope and authority.
The Urban and Community Forestry Assistance Program is authorized by Section 9 of the Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2105). The scope of this authority includes the provision of technical, financial, and related assistance to State and local governments, non-profits, and other members of the public to: maintain, expand, and preserve forest and tree cover; expand research and education efforts related to trees and forest cover; enhance technical skills and understanding of tree maintenance and practices involving cultivation of trees, shrubs and complementary ground covers; and implementing a tree planting program to complement urban tree maintenance and open space programs. The Secretary has delegated the authority for implementing the program to the Chief of the Forest Service under 7 CFR 2.60(a)(16).
§ 230.21   Implementation of the program.
(a) The Urban and Community Forestry Assistance Program is implemented through the Forest Service Grants, Cooperative Agreements, and Other Agreements Program (FSM 1580) and the Grants, Cooperative Agreements, and Other Agreements Handbook (FSH 1509.11). The Forest Service Manual and Handbook are available from the Forest Service internet homepage or at National Forest offices.
(b) The Forest Service, under the authority of the Cooperative Forestry Assistance Act of 1978 and through the Urban and Community Forestry Assistance Program, coordinates financial, technical, and related assistance with the Natural Resources Conservation Service for the Urban Resources Partnership initiative. The Natural Resources Conservation Service provides similar assistance through the Urban Resources Partnership initiative under the authority of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a-590f). The Urban Resources Partnership is an initiative in which Federal agencies, in cooperation with State and local agencies, community groups, and non-governmental organizations endeavor to be more effective, responsive, and efficient in working together to protect, improve, and rehabilitate the environment in urban areas of the Nation. The Forest Service and Natural Resources Conservation Service implement the Urban Resources Partnership initiative under the “Urban Resources Partnership National Guidance for U.S. Department of Agriculture Personnel” and applicable agency and departmental procedures for Federal grants and cooperative agreements. Copies of the Guidance may be obtained from the Cooperative Forestry Staff, Forest Service, USDA, P.O. Box 96090, Washington, DC 20090-6090.