[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: 36CFR230.41]

[Page 185]
 
              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.  230.41  Eligibility requirements for cost-share assistance.

    (a) All landowners of nonindustrial private forest land as defined 
in Sec.  230.31 of this subpart, including those who engage in primary 
processing of raw wood products on a part-time or intermittent basis and 
who otherwise meet the requirements of this section, are eligible to 
apply for and receive assistance under FLEP without regard to race, 
color, religion, national origin, age, sex, disability, political 
affiliation, sexual orientation, or marital or family status.
    (b) A landowner is eligible to receive funds under the cost-share 
element of FLEP for treatment of not more than a total of 1,000 acres of 
land annually, except where a State Forester, with the concurrence of a 
responsible official, determines that significant public benefits would 
accrue from approval of a landowner's treating up to 5,000 acres 
annually. In making a determination of significant public benefits, the 
State Forester and the responsible official shall consider, at a 
minimum, whether landowners who treat more than 1,000 acres annually can 
achieve cost-effective resource management objectives without unduly 
excluding FLEP participation of other eligible landowners.
    (c) In order to meet the following minimum requirements to be 
eligible to receive cost-share through FLEP for all practices except 
development of a management plan, a landowner must:
    (1) Own the minimum acreage as established in the State priority 
plan; however, in no case shall the minimum acreage requirement be 
higher than 25 acres;
    (2) Agree to conduct land treatment(s) according to the landowner's 
practice plan and to maintain FLEP practices for a minimum of 10 years, 
unless the State Forester specifies a shorter duration. The 10-year 
lifespan does not apply to recurring practices such as prescribed 
burning, light disking in openings, herbicide application, and other 
practices that are identified as needed in the management plan and 
practice plan; and
    (3) Have a management plan submitted to the State Forester in which 
the lands are located that meets any requirements established by the 
State in its priority plan. Existing landowner management plans such as 
Tree Farm management plans, Forest Stewardship management plans, or 
similar plans may either meet, or can be amended to meet this 
requirement.
    (d) A leaseholder who has a long-term lease on the land to be 
treated through FLEP must provide a copy of the lease to the State 
Forester in order to be eligible to receive cost-share assistance.