[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Notices]
[Pages 10936-10937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4322]


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DEPARTMENT OF AGRICULTURE

Forest Service


2005 Forest Land Recovery Program

AGENCY: Forest Service, USDA.

ACTION: Notice of program implementation.

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SUMMARY: The Military Construction Appropriations and Emergency 
Hurricane Supplemental Appropriations Act, 2005 (Pub. L. 108-324) makes 
$10,000,000 available to the Secretary of Agriculture to provide 
assistance to eligible nonindustrial private forest landowners who 
suffered losses during 2004, as a result of hurricane, tropical

[[Page 10937]]

storm, or related events for the purposes of debris removal, replanting 
of timber, and other related purposes. The USDA Forest Service will 
administer this program, in partnerhsip with State forestry agencies in 
the States of Alabama and Florida, where signicant loss and damage to 
forest resources has occurred.

DATES: Assistance will be made available to eligible landowners from 
March 2005 until such time as all funds are expended.

ADDRESSES: Information about the Forest Land Recovery Program can be 
obtained by writing to the USDA Forest Service, Cooperative Forestry 
Staff headquarters located at 1400 Independence Avenue, SW., 
Washington, DC 20250-1123.

FOR FURTHER INFORMATION CONTACT: Karl R. Dalla Rosa, Cooperative 
Forestry Staff, (202) 205-6206.

SUPPLEMENTARY INFORMATION:

National Program Administration

    All program funds will be adminsitered by the Chief of the Forest 
Serivce through the Forest Service Regional Forester, in partnership 
with State forestry agencies in the States of Alabama and Florida, 
where significant damage and loss to private forest resources has 
occurred. The State Foresters shall use all program funds to provide 
cost-share assistance to non-industrial private forest landowners in 
their States, who suffered losses to hurricanes and tropical storms 
during the 2004 hurricane season. All funds will be accounted for in 
accordance with Federal financial accounting standards. The Chief has 
final authority to resolve all issues that may arise in the 
adminsitraton of these funds.

State Program Administration

    The State Foresters shall make all program funds available, as 
cost-share assistance to eligible landowners as follows:
    1. For the purposes of site preparation (including debris removal), 
planting and other purposes related to the restoration of damaged or 
lost forest resources.
    2. Following the preparation of a management or practice plan that 
identifies the needed practices, specifications, and performance period 
for the implementation of the practice(s) to achieve the forest 
restoration objectives of the landowner.
    3. As reimbursements for practices completed on a 75% cost-share 
basis.
    4. Consistent with appropriate per acre cost-share rate maximums 
for eligible practices, as established by the State Foresters, through 
this or existing cost-share programs.
    5. No single landowner shall receive more than $75,000 total in 
cost-share assistance.
    6. No single landowner shall receive assistance for the treatment 
of more than 1000 acres of forestland.

Landowner Eligibility Requirements for Cost-Share Assistance

    A landowner is eligible for program assistance if all of the 
following requirements are met:
    1. The landowner is an individual, group, association, corporation, 
Indian Tribe, or other legal private entity owning not more than 5,000 
acres of timber producing forest land (or a person who has received 
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.
    2. The landowner owns forest land in either Florida or Alabama, 
where significant forest resource loss or damage has occurred as a 
result of one or more hurricane or tropical storm during the 2004 
hurricane season. The landowner has not received, nor will receive 
cost-share assistance from the USDA Farm Service Agency under Public 
Law 108-324, Section 101(c), the Tree Assistance Program.

Recapture of Cost-Share Assistance

    Payments made to landowners may be recaptured under one or more of 
the following circumstances:
    1. If any landowner, successor, or assignee uses any scheme or 
device to unjustly benefit from this program. A scheme or device 
includes, but is not limited to, coercion, fraud or misrepresentation, 
false claims, or any business dissolution, reorganization, revival, or 
other legal mechanism designed for or having the effect of evading the 
requirements of this program. Financial assistance payments shall be 
withheld or a refund of all or part of any cost-share payments 
otherwise due or paid to that person shall be secured.
    2. If any landowner or successor takes any action or fails to take 
action, which results in the destruction or impairment of a prescribed 
practice for the duration of the practice. Cost-share payments shall be 
withheld or a recapture of all or part of any cost-share payments 
otherwise due or paid shall be secured, based on the extent and effect 
of destruction and impairment.
    3. If it is determined that the landowner has also received 
assistance from the USDA Farm Service Agency under H.R. 4837, Section 
101(c)(2), the Tree Assistance Program.

Landowner Application Information

    Eligible landowners are may apply for program assistance at their 
local office of the Florida Division of Forestry or the Alabama 
Forestry Commission.

    Dated: February 25, 2005.
Sally Collins,
Associate Chief.
[FR Doc. 05-4322 Filed 3-4-05; 8:45 am]
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