What is the Forest Legacy Program?
Florida is one of the many southern states to initiate
a new program called Forest Legacy, which aims to protect
and conserve important forests that are threatened by
conversion to non-forest uses, such as development. Led
by the Florida Division of Forestry, Forest Legacy will
be an important tool for preserving Florida’s forests
through the anticipated coming years of continued growth.
Forest Legacy is distinct from other conservation programs
in that it will focus specifically on important forest
lands and will require a Stewardship Plan or a Multi-Resource
Management Plan (MRMP) for each tract accepted into the
program.
Funded under the 1990 Forest Stewardship Act, Florida
may use Forest Legacy funds to purchase conservation easements
or land. The Division of Forestry plans to focus most
of its efforts on the purchase of conservation easements
as a way to ensure forest resources, to the greatest extent
possible, remain economically viable in Florida.
Priority consideration will be given to threatened forest
lands which have important values. These values will be
defined with the assistance of the Public Participation
Process, and may include such things as the ability of
the forest to protect water quality, fish and wildlife
habitat, recreation, timber production, rare communities,
or scenic and aesthetic values.
Florida is in the process of developing a proposal that
it will submit for federal approval, and hopes to launch
its Forest Legacy program by late 2003. Once Florida develops
its Forest Legacy Program, it will receive federal dollars
that can benefit landowners and conservation in the state.
What is the Assessment of Need?
Florida is in the process of developing an "Assessment
of Need" which it will submit as part of its overall
proposal to the U.S. Forest Service.
This Assessment of Need will:
- Document the specific need for a Forest Legacy Program
in Florida.
- Establish eligibility criteria particular to Florida.
- Identify and delineate boundaries of forest areas
meeting the eligibility requirements or designation
as Forest Legacy Areas.
- Recommend priority areas to the Forest Service and
Secretary of Agriculture for inclusion in the Forest
Legacy Program.
- Include relevant information about both public and
private forest lands. It will analyze how to best maintain
the integrity of forest lands for future generations.
The Assessment of Need will be completed by the Division
of Forestry in 2003, after all public comment is compiled
and incorporated. It will then be submitted to the State
Forester, after which the State Forester will submit the
complete Assessment to the United States Forest Service
for review.
What is a "Forest Legacy Area"?
A Forest Legacy Area is a geographically defined part
of the state where tracts of land will be eligible for
protection under Forest Legacy.
Florida will establish its Forest Legacy Areas by identifying
areas that contain environmentally important forests,
and where those forests are most threatened by conversion
to non-forest uses. Environmentally important forests
may offer important geological features, mineral resources,
wildlife habitat including threatened and endangered species,
cultural resources, recreational resources, timber management,
and aesthetic and scenic values.
While most states have chosen to define discreet Forest
Legacy Areas within their state, some have designated
the entire state as a Forest Legacy Area. The Division
of Forestry will use the Public Participation Process
to provide input on the how Florida's Forest Legacy Areas
should be defined.
How Does the Public Participation Process Work?
Florida will be initiating a Public Participation Process
to enable the interested public to submit comments on the
Forest Legacy Program, as it is being developed. These public
comments will be included in the Assessment of Need, which
will then be submitted for review to the U. S. Forest Service.
The Florida Public Participation Process attempts to
cast a broad net to invite a broad range of responses
and feedback in a short amount of time. Public comment
will be received in several different ways. "Focused
Public Discussions" will be held in no less than
seven different regions of the state. Persons representing
different interests are being identified and personally
invited to these meetings so that representation of different
interests is ensured. Also, notice of these meetings will
be provided in local newspapers so that other interested
persons may attend the meetings.
Another way in which public comment will be solicited
is through a broad mailing by letter and email in which
interested persons will be informed about the program
and invited to provide comment through a questionnaire.
Similarly, legislators, local governments, and organizations
will be contacted. A questionnaire will be available on
the web, by e-mail, or by postal mail.
Public input is specifically desired on 1) what parts
of the state should be included in the Forest Legacy Program
as Forest Legacy Areas, and 2) the criteria for determining
if a specific tract of land is eligible for program funding.
What is unique about the Forest Legacy Program that
distinguishes it from other conservation efforts?
The Forest Legacy Program is unique in that it aims to
conserve land that is specifically threatened from conversion
to non-forest uses, and allows for those lands to be managed
by individual landowners as outlined in a Forest Stewardship
Plans or MRMP. The Division of Forestry will provide technical
assistance to the individual landowners whose land is
accepted into the Forest Legacy Program.
What is a Conservation Easement?
A conservation easement is a legal agreement that a willing
property owner makes voluntarily to restrict the type
and amount of development that may take place on their
land. The conservation easement is either donated to,
or purchased by, the organization holding the easements.
In this agreement some land uses are typically prohibited
or restricted through conveyance of certain land rights.
The landowner retains title and all remaining land rights
not specifically conveyed or prohibited in the easement.
Are conservation easements binding on future landowners?
Yes, the original owner and all subsequent owners are
bound by the easement. The easement is recorded at the
county or city records office so that all future owners
and lenders will learn about easement restrictions when
they obtain title records on the property.
How much will a "participating" landowner
be paid for a conservation easement?
Payment for a conservation easement is based on the Fair
Market Value of the property under easement, using Federal
Appraisal Standards. The value of the easement may also
vary depending on the rights that the landowner chooses
to retain or to convey or through the easement, as well
as the location of the property.
Is the Forest Legacy Program "voluntary?"
Yes, entry into the Forest Legacy Program is strictly voluntary.
No conservation easements may be placed on any property
unless a voluntary application is submitted by a landowner.
Will acquisition of an easement grant public
access to the land?
NO! Public access will not be sought. However, the landowner
has the right to request that public access be granted if
he/she so chooses.
Are landowners required to have a management or stewardship
plan for the Forest Legacy Program?
Yes, Forest Stewardship Plans or MRMP are necessary in
order for a particular piece of land to be considered
eligible for the Forest Legacy Program. However, if one
does not already exist, a Forest Stewardship may be developed
as part of the application process. Landowners are encouraged
to contact the Division of Forestry to obtain information
on Forest Stewardship Plan standards. Such plans are not
to limit landowner's management of their forests, but
are to ensure that landowners receive professional advice
on how best to manage their forest land to meet their
goal(s) and objectives.
To be eligible, does a tract of land need to be completely
forested?
No, but no more than 25 percent of the total area should
be non-forest uses of the land that may be compatible
with forest uses as part of an undeveloped landscape,
including cultivated farmland, pasture, grassland, shrubland,
open water, and wetlands. Forest Legacy funds should only
be used on parcels with forestland as defined in a state’s
AON. Other funding sources may be used to protect nonforested
areas on those parcels with less than the minimum required
forest cover.
How many projects can Florida submit for Forest Legacy
each year and what is the maximum amount of funding Florida
can receive from Forest Legacy?
While there is no limit to the number of projects that
Florida can submit, the list of projects forwarded by
the USFS regional office for the national selection process
can include no more than 3 projects, not to exceed a total
of $10,000,000, from each participating State.
Who will review applications?
Once the program is approved, individual landowner applications
will be reviewed by the Division of Forestry to determine
if the tracts meet the eligibility criteria and state priorities.
Where can I get more information about
the Forest Legacy Program?
Contact Ed Kuester
Florida Division of Forestry
3125 Conner Blvd. Tallahassee, FL 32399-1650
Phone: 850/414-9929
Email: kuestee@doacs.state.fl.us
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