Current through Register Vol. XLI, No. 50, December 13, 2024
1.1. Scope. -- This rule establishes the procedures for the West Virginia Forest Legacy Program as administered by the West Virginia Division of Forestry (WVDOF) as lead state agency, so designated by Governor and under authority of W. VA. Code § 19-1A-1, 2 & 4, under the West Virginia Forest Legacy Program.1.2. Authority. -- W. Va. Code § 19-1A-4(b)(3)1.3. Filing Date. -- January 30, 20171.4. Effective Date. -- February 1, 20171.5. Repeal of Former Rule. -- This procedural rule repeals and replaces WV 22CSR5 "Rules on procedure for applying for Conservation Easement Status and Funding under the W. Va. Forest Legacy Program" filed December 3, 2004 and effective January 4, 2005.1.6. Background. -- Section 1217 of Title XII of the 1990 Farm Bill ( P.L. 101-624 stats. 3359; 16 USC 2103c ) amended the Cooperative Forestry Assistance Act of 1978 ( 15 U.S.C 2101 ) to allow the establishment of a Forest Legacy Program to protect important forest areas believed to be threatened to conversion to non-forest uses. The authority continues indefinitely. The 1996 Farm Bill ( P.L. 104-127; Title III - Conservation Subtitle G - Forestry; Section. 374, Optional State Grants for Forest Legacy Program) authorized grants to states for a Forest Legacy Program. The West Virginia Division of Forestry, as lead agency for forestry in the State, administers the West Virginia Forest Legacy Program (FLP).