[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: 36CFR230.32]

[Page 180-181]
 
              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.  230.32  National program administration.

    (a) The Chief shall develop and implement FLEP in partnership with 
State forestry agencies and in consultation with other Federal, State, 
and local natural resource management agencies, institutions of higher 
learning, and a broad range of private sector interests.
    (b) In collaboration with State Foresters, the Chief of the Forest 
Service and Responsible Officials shall oversee developing and 
implementing FLEP policy and procedure, including the monitoring of 
program results over the life of FLEP to ensure that environmental, 
economic, and social values

[[Page 181]]

and public benefits are derived from the program.
    (c) The Chief shall annually distribute such funds as may be 
available for FLEP to the Responsible Official(s) for each of the three 
geographic funding areas based on the criteria set out in the Forest 
Service Manual Chapter 3310.
    (d) In developing allocation factors for making FLEP distributions 
under this subpart,
    (1) The Chief shall consult with the State Foresters through their 
Forest Resource Management Committee, a standing committee of the 
National Association of State Foresters, or its successor.
    (2) Allocation factors shall be based on National data sources that 
address the current status of forest lands of each State or Territory 
participating in FLEP. Data must be measurable, inclusive of all States, 
objective, and reliable. The data will address those factors described 
in the Cooperative Forestry Assistance Act (16 U.S.C. 2103(i), 
Distribution of Cost-Share Funds).
    (e) National priorities for FLEP shall reflect the Department and 
Forest Service priorities for nonindustrial private forest land as 
provided in the Forest Service Manual Chapter 3310.
    (f) The Responsible Official(s) in each of the three geographic 
funding areas shall coordinate with their respective State Foresters to 
determine the final allocation to each State based on the following:
    (1) National priorities;
    (2) National allocation factors;
    (3) Regional and State-wide priorities;
    (4) Ability of the State to deliver FLEP; and
    (5) Direction in the Forest Service Manual Chapter 3310.
    (g) FLEP financial assistance may be disbursed to a third party that 
will assist in program delivery. The Forest Service may disburse funds 
directly to a third party, which may include, but is not limited to, 
Federal, State, or local agencies, and landowner, nonprofit, or private 
organizations, with written approval by the State Forester.
    (h) Except as provided at Sec.  230.34(d), no financial assistance 
shall be provided by the Forest Service to a State Forester or any third 
party, until the Responsible Official has concurred with the State's 
priority plan.
    (i) The Chief has final authority to resolve all issues that may 
arise in the administration of FLEP.
    (j) The Forest Service shall provide National and regional 
administrative and financial support and oversight through distribution 
of available FLEP funds to State Foresters and through monitoring, 
review, and evaluation of FLEP activities and accomplishments.
    (k) FLEP funds may not be used by States for capital investments or 
capital improvements unless specifically authorized in a funding 
document and must be limited to $5,000. The limitation on capital 
improvements excludes practices and activities cost-shared with 
landowners through FLEP.
    (l) Funds may not be authorized in the financial assistance document 
or used for the purchase of land, any interest in land, or any interest 
in an endowment.
    (m) By September 30, 2006, the Chief must submit a cumulative report 
to the Secretary of Agriculture summarizing all the activities and 
practices funded under FLEP as of that date.