Forest Legacy Program

The Federal Forest Legacy Program

• National Forest Legacy Program (Exit DNR)
• National Forest Legacy Program Criteria

The Forest Legacy Program (FLP) is designed to identify and protect environmentally important private forestlands threatened by conversion to non-forest uses. The FLP was established under the authority of the Cooperative Forestry Assistance Act (CFAA) of 1978, as amended in the 1990 Farm Bill (Food, Agriculture Improvement and Reform Act, [16 U.S.C.2103c et.seq.]).

As defined by statute, environmentally important forestlands must possess one or more of the following ecological values:

• Opportunities for continuing traditional forest uses
• Fish and wildlife habitat
• Threatened and endangered species
• Riparian areas
• Public recreation opportunities
• Cultural resources
• Scenic resources

The Secretary of Agriculture is authorized to provide financial, technical, educational, and related assistance to state, community, and private forest landowners, and is authorized upon request to make a grant to the state to carry out the FLP in the state, including the acquisition by the state of lands and interests in lands. The goal of the program is to identify and protect important forest areas and aid in conservation through the purchase of conservation easements. No more than seventy-five percent of total payments can be paid by the Federal government for the Forest Legacy Program. State, local, and private interests must come up with the remainder.

Easements purchased may include a variety of property rights, but most often restrict development and subdividing. Any restrictions placed on the land are carried over in the event of sale. A state cannot use eminent domain to acquire lands. All landowners that join must volunteer. Federal appraisal standards and acquisition rules must be followed for the acquisition of lands or interests in lands.

Interests in lands primarily consist of donated or purchased easements which allow landowners to continue using their forests in traditional ways while preventing the conversion of these forests to agriculture, residential areas, or commercial developments. While easements established under the Forest Legacy Program may not require public access, a landowner may allow public recreation on his or her land as long as it does not conflict with the Forest Legacy Program goals and management objectives for the property.

Conservation easements and the Forest Legacy Program offer an alternative to outright government ownership of land while protecting private forestland from conversion to non-forest uses. Under FLP, environmentally important forestlands are identified and easements used to retain and maintain these forests. Under the State Grant Option, the State or its designated representatives shall transact all Forest Legacy Program acquisitions. When a conservation easement is purchased using Forest Legacy funding, the state or its designated local unit of government must hold the easement. Landowner participation will be entirely voluntary. Forest Legacy Funds may be used to support eligible conservation organizations for activities related to donations of conservation easements. When a conservation easement is donated on behalf of the Forest Legacy Program (to receive credit as a match) to an eligible non-governmental conservation organization, that organization may hold the easement.

The Forest Legacy Areas must meet the National Eligibility Criteria in order to qualify for participation in the Program. To be eligible for the Forest Legacy Program, the proposed area must meet the following National criterion:

• "Be an environmentally important forest area that is threatened by conversion to the non-forest uses." (Individual States are responsible for determining their definition of `threatened' and the definition of `environmentally' important forest areas.)
• "Environmentally important forest areas shall contain one or more of the following important public values, as defined by the States:
• Scenic resources;
• Public recreation opportunities;
• Riparian areas;
• Fish and wildlife habitat;
• Known threatened and endangered species,
• Known cultural resources;
• Other ecological values; and/or Provide opportunities for the continuation of traditional forest uses, such as forest management, timber harvesting, other commodity use, and outdoor recreation.

In addition, since many tracts may qualify for the FLP, states are requested to establish additional criteria to prioritize acquisition proposals. These criteria have been developed for Wisconsin and can be found here.

In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis or race, color, national origin, sex, age, or disability.

To file a complaint of discrimination, write USDA Director, Office if Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity employer.