California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 2 - Definitions and Abbreviations › Section 1571 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context otherwise requires, the definitions in
					 this article govern the construction of this chapter.
"Act" means the California Forest Legacy Program Act of
					 2000.
"Applicant" means a landowner who is proposing a project
					 for inclusion in the Program and is eligible for cost-sharing grants pursuant
					 to the Federal Forest Legacy Program (16 U.S.C. Section 2103 et seq.) or
					 who is eligible to participate in the California Forest Legacy Program and the
					 operation of the Program, with regard to that applicant, does not rely on
					 federal funding.
"Assessment of Need (AON)" refers to the California Forest
					 Legacy Program Assessment of Need submitted to the USFS in August, 1995, and
					 amended in September, 2000.
"Baseline documentation" means a depiction or description
					 of the land on the date the easement restrictions become effective.
"Biodiversity" means a component and measure of ecosystem
					 health and function. It is the number and genetic richness of different
					 individuals found within the population of a species, of populations found
					 within a species range, of different species found within a natural community
					 or ecosystem, and of different communities and ecosystems found within a
					 region.
"Board" means the State Board of Forestry and Fire
					 Protection.
"Conservation easement" has the same meaning as found in
					 Chapter 4 (commencing with Section
					 815) of Title 2 of Part 2 of
					 Division 2 of the Civil Code.
"Conversions" is a generic term for land use situations in
					 which forest lands become used for nonforest uses, particularly those uses that
					 alter the landscape in a relatively permanent fashion.
"Department (CAL FIRE)" means the Department of Forestry
					 and Fire Protection.
"Director" means the Director of Forestry and Fire
					 Protection.
"Eligible Activities" include purchases of land or
					 interests in land from willing sellers, facilitation of donations of lands or
					 interests in lands to a qualified and willing grantee, and establishment and
					 documentation of baseline conditions and development of a Forest Stewardship
					 Plan.
"Federal Appraisal Standards" means the appraisal standards
					 contained in the publication entitled "Uniform Appraisal Standards for Federal
					 Land Acquisitions: Interagency Land Acquisition Conference, 1992".
"Federal Forest Legacy Program Implementation Guidelines"
					 means those guidelines that direct the Program when federal funds are utilized
					 for eligible activities under the Program.
"Forest land" is land that can support 10-percent native
					 tree cover of any species, including hardwoods, under natural conditions, and
					 that allows for management of one or more forest resources, including timber,
					 aesthetics, fish and wildlife, biodiversity, water quality, recreation, and
					 other public benefits.
"Forest Legacy Area (FLA)" means areas designated in the
					 AON to be included in the Program.
"Forest Management" means those forest activities,
					 including timber harvesting, consistent with the purposes of this
					 chapter.
"Forest Stewardship Plan" means a multi-resource management
					 plan prepared for the purpose of achieving long-term stewardship of forest
					 land. Necessary components are landowner objectives and actions that will
					 protect and manage soil, water, range, aesthetic quality, recreation, timber,
					 and fish and wildlife resources.
"Fully Funded Project" means an application that has been
					 allocated, through a single or multiple grants, the full "asking" price for the
					 interest in the property.
"Landowner" means an individual, partnership, private,
					 public, or municipal corporation, Indian tribe, state agency, county, or local
					 government entity, educational institution, or association of individuals of
					 whatever nature that own private forest lands or woodlands.
"Lands or Interests in Lands" means either an outright fee
					 simple purchase or an interest in land such as a conservation easement.
"Local government" means a city, county, district, or city
					 and county.
"Maximum Sustained Production of High Quality Timber
					 Products (MSP)" is the production goal in a Timber Harvest Plan, Sustained
					 Yield Plan or Nonindustrial Timber Management Plan. MSP is achieved by meeting
					 requirements of Sections
					 913.11,
					 933.11, or
					 953.11 of Title 14 of the
					 California Code of Regulations, or as otherwise provided in Article 6.8,
					 Subchapter 7 of these regulations.
"Monitoring" means a visual inspection of the property,
					 occurring no less than once a year, and documented by a written report to
					 explain the condition of the property at the time of inspection.
"Nonfederal Match" means one of three main categories of
					 activities that meet this requirement:
1) the value of land, or interests in land,
				  dedicated to the FLP that is not paid for, or donated to, the federal
				  government;
2) non-federal costs
				  associated with Program implementation; and
3) other non-federal costs associated with a
				  grant or other agreement which meets FLP purposes.
"Nonforest Uses" include uses of the land inconsistent with
					 maintaining forest cover (including, but not limited to, activities that result
					 in extensive surface disturbance such as residential subdivisions, commercial
					 development, and mining) and uses of the land that may be compatible with
					 forest uses as part of an undeveloped landscape (including cultivated farmland,
					 pasture, rangeland, open water and wetlands). The first category is generally
					 excluded from the Federal forest Legacy Program while the second category
					 should be less than 25% of the total easement area.
"Nonprofit organization" means any qualified land trust
					 organization, as defined in Section
					 170(h)(3) of
					 Title 26 of the United States Code, that is organized for one of the purposes
					 of Section
					 170(b)(1)(A)(vi)
					 or 170(h)(3) of
					 Title 26 of the United States Code, and that has, among its purposes, the
					 conservation of forest lands.
"Non-trust Allotment Land" means land privately owned in
					 fee simple by tribal members. Forested Non-trust Allotment Lands are eligible
					 for the Federal Forest Legacy Program when located within a Forest Legacy Area
					 (FLA).
"Program" means the California Forest Legacy Program
					 established under this chapter.
"Project" means a proposal(application)to the State for the
					 acquisition of lands or interests in lands that has been fully or partially
					 funded.
"State Forest Stewardship Coordinating Committee (SFSCC)"
					 is a committee, established as a requirement of the Program, to make
					 recommendations to the U.S. Secretary of Agriculture concerning those forest
					 lands that should be given priority for inclusion in the Forest Legacy Program.
					 (Cooperative Forestry Assistance Act,
					 16 U.S.C. §
												2113). Members include State Foresters, or
					 equivalent State officials, and representatives from the following agencies,
					 organizations, or individuals: U.S. Forest Service; Natural Resource
					 Conservation Service; Farm Services Agency; Cooperative State, Research,
					 Education and Extension Service; local government; consulting foresters,
					 environmental organizations; forest products industry; forest landowners;
					 tribal representatives; land trusts; conservation organizations; the California
					 Department of Fish and Game; and others determined appropriate by the
					 Secretary.
"Traditional Forest Uses" include activities which provide
					 various public benefits including forest products, forage, clean water, fish
					 and wildlife habitat, rare and native plants, public recreation access,
					 cultural resources, and/or scenic enjoyment.
"WCB" means the Wildlife Conservation Board.
"Woodlands" are forest lands composed mostly of hardwood
					 species such as oak.
1. New
					 article 2 (section
					 1571) and section filed 4-29-2011;
					 operative 4-29-2011 pursuant to Government Code section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code. Reference: Sections
						700,
						730,
						4799
						and
						12200-
						12292,
						Public Resources Code; Section
						1320,
						Fish and Game Code; 16
						U.S.C. Section 2103 et seq.; and
						14 CCR
						Sections 913.11,
						933.11 and
						953.11.