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. 38, September 20, 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 of Title 14913.11, 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.
