[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR230.31]

[Page 179-180]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 230_STATE AND PRIVATE FORESTRY ASSISTANCE--Table of Contents
 
                Subpart C_Forest Land Enhancement Program
 
Sec.  230.31  Definitions.

    The terms used in this subpart are defined as follows:
    Capital investment or improvement. Durable equipment or assets 
capable of being amortized or depreciated over a period of 3 or more 
years, not including activities or practices carried out as part of the 
Forest Land Enhancement Program (FLEP) cost-share element.
    Catastrophic natural event. Destructive natural event, which 
includes, but is not limited to, wildfires, insect infestations, disease 
outbreaks, droughts, floods, windstorms, freezing, ice storms, hail, 
sleet, mudslides, landslides, earthquakes, avalanches, tornadoes, 
volcanoes, hurricanes, or tsunamis.

[[Page 180]]

    Chief. The Chief of the Forest Service, United States Department of 
Agriculture.
    Committee. The State Forest Stewardship Coordinating Committee.
    Concurrence. Review, verification, and confirmation by the 
Responsible Official that the State priority plan contains all of the 
key elements required by law and the rules of this subpart.
    Cost-share. A program payment, on a reimbursable basis, at a maximum 
of 75 percent of the cost incurred by a landowner for implementation of 
a State-approved activity or practice authorized under FLEP.
    Financial assistance. Funds disbursed as an award by the Federal 
Government to an eligible party from the FLEP annual apportionment, in 
the form of money, including grants, agreements, contracts, and other 
arrangements.
    Fiscal year. The accounting period, used by the United States 
Government, from October 1 through September 30.
    Landowner. An individual, group, association, corporation, Indian 
Tribe, or other legal private entity owning nonindustrial private forest 
land or a person who receives concurrence from the landowner for 
practice implementation and who holds a lease on the land for a minimum 
of 10 years. Corporations whose stocks are publicly traded or owners 
principally engaged in the primary processing of raw wood products are 
excluded.
    Management plan. A written plan prepared by a service representative 
and approved by a State Forester.
    Nonindustrial private forest land. Rural lands with existing tree 
cover, or which are suitable for growing trees, that are owned by any 
landowner as defined in this section.
    Practice. A prescribed, natural resource management activity that is 
consistent with a practice plan and implemented through FLEP to enhance 
the multiple resource values and benefits and that results in improved 
conditions on nonindustrial private forest land. A practice may consist 
of multiple components.
    Practice plan. A plan prepared by a service representative and 
approved by the State Forester that documents the specific practices 
that are to occur as a result of a landowner application for cost-share. 
A practice plan may be a stand-alone document or it may be a part of a 
management plan.
    Responsible official. USDA Forest Service Regional Forester, Area 
Director, or Institute Director charged with the administration of FLEP.
    Service representative. Any person who is recognized by a State 
Forester as having the knowledge and skills to develop management plans, 
understanding of the economic and environmental interrelationships of 
forestry and/or agroforestry resources, and the ability to identify 
appropriate activities to manage, protect, or enhance such resources. 
The State Forester designates service representatives as the line 
officers to perform specified FLEP elements.
    State. Includes each of the States in the United States, and the 
Commonwealth of Puerto Rico, the Virgin Islands of the United States, 
Guam, American Samoa, and the Commonwealth of the Northern Mariana 
Islands.
    State Forester. The director or other head of a State forestry 
agency or equivalent State official.
    State priority plan. The document required from a State to 
participate in FLEP. A State Forester jointly prepares this plan with 
the State Forest Stewardship Coordinating Committee to facilitate long-
term sustainability of nonindustrial private forest lands within the 
State.