Forest Legacy Program
The Forest Legacy Program conserves private forest lands that are environmentally, economically and socially important.
The Forest Legacy Program is a federal program administered by individual states. It supports protection of private forest lands that are environmentally, economically and socially critical. In Colorado, the CSFS and the U.S. Forest Service work together to identify these critical forests and help keep them as forests in perpetuity.
Why do we need the FLP?
Intact forest lands provide many benefits to Coloradans:
- Recreational opportunities
- Wildlife habitat
- Soil stabilization and watershed protection
- Scenic views
- Timber and forestland products, such as firewood and fence posts
However, continued development pressure threatens the existence of our state’s valuable forest lands. Enrolling properties in the FLP helps prevent fragmentation of our forests and preserve the benefits of forests for all. The FLP gives owners of private forests another way to preserve their forests as forests.
How does the FLP work?
Landowners interested in preserving their land as forests in perpetuity can work with the CSFS to enroll their property in the FLP. The FLP can either acquire a conservation easement on the land without removing the property from private ownership or purchase the property outright. Conservation easements are legally binding agreements that transfer a negotiated set of property rights from one party to another. Most FLP conservation easements restrict development and require sustainable forestry practices.
The federal government may fund up to 75% of program costs, with at least 25% coming from private, state or local sources. Great Outdoors Colorado, Colorado Parks and Wildlife, private funds, local land conservation organizations and others often provide the funding match.
Banded Peak Ranch: An FLP success story
On July 28, 2020, the CSFS, The Conservation Fund and U.S. Forest Service announced the permanent protection of the 16,273-acre Banded Peak Ranch in Colorado’s San Juan Mountains. This conservation easement was made possible by $7 million from the USFS Forest Legacy Program. The conservation easement in Banded Peak Ranch completes a 30-year effort by The Conservation Fund in the Navajo River Watershed – protecting a total of 65,000 acres. Learn more about the Banded Peak Ranch FLP project.
Seeking landowners to establish a legacy
The FLP seeks landowners who are interested in preserving their lands as forests. If you join the program, the CSFS provides support in several ways:
- Help fund development of a management plan for your property
- Facilitate your application into the program
- Connect you to local non-profits to support you through the process
- Fund many of the documents required to complete the project
Each year, Colorado may fund up to $20 million in FLP projects, which can include both large and small properties. The FLP accepts applications on a rolling basis. If you’re interested in the program, contact Katie Rose Levin.
Forest Legacy Program application instructions
Background
The Colorado Forest Legacy Program is a partnership between the State of Colorado and the U.S. Forest Service that creates and supports well-managed, healthy forests across Colorado. The FLP works primarily with private property owners to preserve their forests, helping them create a lasting legacy. This is achieved in two ways. The FLP can acquire conservation easements on private land, where the landowner is paid to give up certain uses of their property, or the FLP can purchase the land outright, in a process called fee simple acquisition. A conservation easement is a legal agreement that limits certain uses on privately owned land, ensuring the land remains forested over time. Purchasing the land transfers it to public control, creating a public conservation area. The FLP only works with willing landowners, and particularly those who want to make a lasting impact in Colorado. The FLP helps prevent fragmentation of our forests and preserves natural areas for the benefit of all Coloradans.
There is dedicated funding to support the FLP. Money for the FLP is generated through drilling royalties, secured through The Great American Outdoors Act, and distributed through the Land and Water Conservation Fund. While FLP funds primarily flow from the federal government, the FLP in Colorado is administered by the Colorado State Forest Service, who distributes funds and manages acquired property and easements. To be eligible for the program, property must be located within a Forest Legacy Area, be privately owned and be at least 75% forested. The federal government may fund up to 75% of project costs, with at least 25% coming from non-federal cash, land donation or other sources.
Landowners who participate in the program by establishing a conservation easement on their property will gain the benefit of working closely with the CSFS and other partners to help manage their forests. Through the FLP, landowners create and follow a multi-resource management plan. Similar to a Forest Stewardship Plan, an MRMP supports working forests and conservation on a particular property. Activities consistent with forest management and conservation easement values are often included, such as timber harvesting, grazing, wildlife management and recreation activities. Often landowners use MRMPs as a way to access other funding sources to further support their conservation and land management goals. FLP conservation easements provide funding and support for landowners who want to create a long-lasting legacy.
Landowners who are considering selling their property and are interested in conservation are also good candidates for the program. The FLP can help landowners think about the future of their land and provide a way to give back to the community through the creation of permanent conservation areas. In these cases, the forests will be managed to provide Colorado with the benefits of permanently conserved forested spaces.
While any landowner can apply, forestlands at greatest risk of conversion to non-forest use and show a high significance of conservation values receive priority. Properties that are at least 200 acres tend to be the most competitive. If you or someone you know is interested, reach out to the CSFS FLP specialist to learn more.
Application instructions
The CSFS, in partnership with the U.S. Forest Service, is pleased to request applications for the 2025 FLP.
Resources: Find information about Colorado’s FLP on the CSFS Forest Legacy webpage, Colorado’s State Forest Action Plan and Forest Legacy Area program. Information on the National Forest Legacy Program is available on the USFS Forest Legacy webpage. For more information or support, call the CSFS at 970-258-3769 or email [email protected].
Deadlines: The state accepts projects on a rolling basis, with the goal of making each project as competitive as possible. For each year, there will be a cut-off date for funding; after this date, eligible projects will be considered for funding the following year.
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Submit completed applications via email to the CSFS |
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Colorado State Forest Service |
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Contact for more information |
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Katie Rose Levin |
Funding timeline: Projects typically take 4-5 years from initial concept to the transfer of money to a private property owner. However, this timeline varies greatly depending on each project.
Project eligibility
The project eligibility questions help the CSFS determine if this project is eligible for funding through the FLP. These may be filled out by the landowner, the landowner’s representative, a project partner or in collaboration with the FLP specialist.
To answer these questions, you will need an account on the Colorado Forest Atlas. Create an account.
Eligibility requirements
- The property must be located within, or partially within, a designated Forest Legacy Area (FLA).
- Once you have created a Colorado Forest Atlas account, simply type in your address in the search bar and it will show you which FLA contains your property. Alternatively, you can send the location of your property to the CSFS Forest Legacy Specialist, and they will provide this information to you.
- The property must be at least 75% forested or be able to become 75% forested within 10 years.
- Forested means that there is at least a 10% canopy cover in a given area. There is no minimum size to the trees, so small trees and seedlings do count. Also, areas that could naturally regenerate can count toward the canopy cover. For example, properties that have experienced forest fires and are still in the process of regrowing (or will be replanted) often still qualify. Please see the Definitions section for further information.
- The property must be privately owned.
- Privately owned is land that is not owned by a government entity but by an individual, business or organization.
- The property owners must be willing sellers.
- The property owners must have had an initial meeting with the CSFS FLP specialist to discuss the project.
If you don’t meet any of these requirements, reach out to the FLP specialist to discuss. You may still qualify, depending on the individual circumstances of your project. If your property does not qualify for FLP funding, the CSFS may be able to connect you to other programs to help you meet your conservation and forest management goals.
Applicant information
In the FLP, the project applicant is the landowner. Project applicants often choose to work with other individuals or organizations as part of their participation in the FLP. All people and entities who work with or on behalf of the project applicant are members of the project team. Common application team members include the landowner, the landowner’s representative, primary contact and project partners.
Each member of the project team must be listed on the application with a description of their role on the team. More team members may be added later. People or organizations listed on the application will be invited to project progress meetings.
The application should also include all legal documents and contracts describing the relationship between the project applicant and project team members that affect the property, application or close-out process. Failure to include these contracts, or other contracts that indicate a cloud on the title, may result in disqualification from the program. If you have questions or concerns, please reach out to the CSFS FLP specialist.
Property information
This section provides general information about the property.
For the “Brief property description” line, give a high-level overview of the property. Consider including the function of property (a working ranch, timber land, former scout camp, family land), physical attributes (creeks, mountains, forests) and major conservation attributes (migratory routes, rare plants/animals). This should be just a few sentences and should give a general sense of the property.
The list of permanent structures should include all current structures and improvements. If additional information is needed, provide it. For example, note if a structure is registered as a historic structure, is in disrepair or is no longer used.
Describe proposed future buildings, infrastructure and/or building envelopes you would like to place on the property. This could include areas set aside for future housing, new roads or other uses.
Maps and documents
| Map or document | Notes |
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| Vicinity map | The vicinity map should display identifiable landmarks and show boundaries of the property and its relationship to the surrounding landscape. It should also depict the surrounding land ownership (state, federal, other conservation easements and private land) and the current development and infrastructure (subdivisions, roads, streets, power lines, railroad lines, existing wildlife crossings, etc.). |
| Property map | The property map should clearly identify the property’s boundaries and depict human-made and important natural features. The property map must identify the locations of existing physical and legal access to the property and any building envelopes proposed. The map should also clearly show which areas are forested versus not forested, with the percent forested labeled. Ideally this map should be laid on a color aerial photograph. |
| GIS files | GIS files should be shapefiles of the property’s geographic boundary, proposed building envelopes and other relevant infrastructure (roads, subdivision lines, buildings). Shapefiles should be projected as UTM Zone 12 or 13 in NAD 1983 datum. |
| Legal property description | Legal description from the recorded title. |
| Property documentation | Documentation should be included in its original form or as a written description. Include known liens, encumbrances, covenants, title defects, mortgages, easements, rights-of-way, water restrictions, contracts, leases, etc., on the property. |
| Value determination | This can include an appraisal, market analysis or other verifiable mechanism. |
| Match documentation | This includes any documents outlining match contributions and requirements from other partners. It can also include bargain sale commitment from the landowner. Match does not need to be secured to apply. Once the grant is awarded, the project applicant will need to provide or secure 25% of the project value from non-federal sources. Please contacts the FLP specialist for more information. |
| Forest Stewardship Plan | This is not required to apply. Provide if present and specify the date of creation. |
Photos
These must be original photographs highlighting the unique values of the property. These photographs will be included in the federal application and should speak to the conservation and forest values of the property. They can also include pictures of rare or endangered species, reasons for conversion threat or other subjects that would increase the quality of the application. No more than four photos will be included in the federal application.
Real estate
The FLP purchases two types of real estate: 1) Conservation easements (CE) on private property that remain private or 2) Fee simple acquisition (FSA) of the property that converts the property to a public conservation area.
Conservation easement
A CE is a voluntary, legal agreement that permanently limits the use of private land to protect its conservation values. Forest legacy CEs are written to meet the goals of the landowner, providing an attractive option for those wishing to permanently conserve their property.
FLP CE attributes
- A legally binding agreement between a landowner and the CSFS, where the landowner retains many private property rights
- Protect property from being developed, subdivided or mined in perpetuity
- Allow property owners to still use their land for forestry, agriculture, recreation, conservation or other compatible uses
- Do not automatically make properties open to the public. However, allowing public access makes a project more competitive.
- If donated wholly or in part, may provide valuable state and federal tax benefits to landowners
Fee simple acquisition
An FSA is the sale of the property to the CSFS. The land will be converted into a public conservation area, benefiting the people of Colorado. As part of this process, certain deed restrictions will be placed on the property, including language to prevent it from being developed, subdivided or mined. The property will be placed under a multi-resource management plan and managed to conserve its forests and environmental values in perpetuity.
Existing structures
To support the long-term maintenance of the property, list the current structures on the property. This should match the information provided in the Property information section.
Designated improvement areas
In some cases, properties contain parking lots, working buildings, residences or other infrastructure. If these will be maintained, or new ones will be built, they must be located within areas called designated improvement areas (DIAs). Projects may propose DIAs to meet the goals of the landowner. Each DIA will be evaluated individually to assess if it is compatible with the FLP and to ensure it will not affect conservation values protected by the easement. Projects with fewer and/or smaller DIAs are more competitive.
For each proposed DIA, describe the size, approximate location and intended uses (e.g., residence, agricultural structures, new buildings, existing buildings). Include current or proposed square footage for each structure, if known.
Financial information
The FLP provides grants to purchase the property outright (fee simple acquisition) or purchase a conservation easement on the property. The total grant request must equal the market value of the purchase, to be determined by a yellow book appraisal, reviewed and approved by the USFS. The USFS will provide 75% of the price of this market value, and non-federal funds must provide 25% of the price. The 25% “match” can be met through a donation of property (or conservation easement value) into the program via a bargain sale, state grants, private donations and/or other means.
At times, information and documents provided may be considered estimates and will be updated and confirmed closer to closing and fund distribution. Matching funds (25%) do not need to be secured when applying, although it will make the grant more competitive.
There are two tables in the application. Fill out the table that applies to the type of real estate being offered (CE or FSA). All projects must fill out the Match information section. If match is not secured, put estimates in those lines.
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Conservation easement |
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A |
Property’s total acreage |
The total acreage of the parcel |
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B |
Acreage proposed for CE |
The acreage that will be covered within the CE |
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C |
Total acreage of proposed building envelopes |
Acreage of the proposed building envelopes |
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D |
Estimated value of CE |
Value of the CE as determined by an appraisal or market assessment. Supporting documentation must be attached as part of the application. |
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E |
Requested transaction and due diligence costs |
This includes the cost of the transaction and due diligence work, such as a yellow book appraisal, title search, title insurance and creation of a multi-resource management plan. If you don’t have cost estimates, reach out to the CSFS for more information. |
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F |
Total amount of project (D + E) |
This is typically D + E. For example: |
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G |
FLP funding requests (no more than 75% of F) |
This is typically 75% of F. For example: |
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H |
Amount of cash match from non-federal partners (if known) |
This is typically obtained through state partners, such as CPW or GOCO, local governments, foundations or private donors. |
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I |
Amount of other match (if known) |
This match is typically obtained through a bargain sale, which may provide additional tax benefits for the landowner. |
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J |
Total value of match (must be least 25% of F) |
This must be at least 25% of the total project costs (F). |
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Fee simple acquisition |
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A |
Property’s total acreage |
Total acreage of the parcel |
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B |
Acreage proposed for FSA |
The acreage that will be sold |
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C |
Estimated value of FSA |
Value of the FSA property as determined by an appraisal or market assessment. Supporting documentation must be included in the application. |
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D |
Requested transaction and due diligence costs |
This includes the cost of the transaction and due diligence work, such as a yellow book appraisal, title search, title insurance and creation of a multi-resource management plan. If you don’t have cost estimates, reach out to the CSFS for more information. |
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E |
Total amount of project (C + D) |
This is typically C + D. For example: |
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F |
FLP funding requests (no more than 75% of E) |
This is typically 75% of E. For example: |
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G |
Amount of cash match from non-federal partners (if known) |
This is typically obtained through state partners, such as CPW or GOCO, local governments, foundations or private doners. |
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H |
Amount of other match (if known) |
This match is typically obtained through a bargain sale, which may provide additional tax benefits for the landowner. |
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I |
Total value of match (must be least 25% of E) |
This must be at least 25% of the total amount of project (E). |
Match information
It is not required to secure match prior to application. Many projects use FLP funding to catalyze further grants from other partners. However, obtaining match commitments in advance may make the project application more competitive.
List all confirmed or potential match partners. Match documents should be submitted in the Maps and documents section. Often, match partners have additional requirements that may or may not be compatible with the FLP. If you have any questions, reach out to the CSFS FLP specialist.
Project readiness
| Readiness factor | Notes |
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| For CEs: Draft conservation easement agreed to by project applicant and the CSFS | CEs: The CSFS has template language that may be used for the basis of a CE. To qualify for this point, the CE language must be substantially completed and agreed upon by the project applicant and the CSFS. |
| For FSAs: Draft deed language agreed to by the CSFS | FSAs: Deed language must be based on the FLP Implementation Guidelines land the goals stated in this application. To qualify for this point, the deed language must be substantially completed and agreed upon by the future landowner and the CSFS. |
| Completed title search with encumbrances identified | The title search must have been completed and reviewed, with the report provided to the CSFS. This report must identify any temporary or permanent protections and whether existing encumbrances affect project eligibility. |
| Mineral rights holders identified | Minerals rights must have been evaluated through a title search and/or other research, AND if rights are severed, then a minerals assessment and determination of remoteness has been completed and provided to the CSFS. |
| A signed option or purchase agreement is held by the State or at the request of the State OR at the request of the State, fee title has been pre-acquired by a third party. | To earn this readiness point, the project applicant must have a signed purchase agreement naming the CSFS as the primary option holder upon grant award. In all cases, the CSFS must have the legal and actual right to negotiate directly with the project applicant and landowners. |
| 25% non-federal grant match secured | Cost-share commitment must have been obtained from specified source(s) and documented through funding commitment letters, bargain sale agreement with landowner or other mechanisms. |
Forest stewardship or multi-resource management plan
Each project requires a multi-resource management plan (MRMP) prior to distribution of funding, but this is not required to apply to the program. If the project has a Forest Stewardship Plan, it may need to be updated to qualify as an MRMP. Funding may be requested as part of the due diligence costs to create an MRMP or update the Forest Stewardship Plan into a MRMP.
Colorado application narrative
The following Colorado application narrative closely mirrors the federal application requirements. Once the project is approved by the state, adjustments may be made to the Colorado narrative to make it more competitive on a national level. The notes and guide are intended to help increase the strength of the application both at the state and federal level. Not every project will be able to speak to each point.
There are six sections, each with a different focus. The project overview should be written out in paragraph form, but the other five sections are required to be in the form of short bullet points. The applicant does not need to use all the bullet points allowed.
Section 1: Project name
Format: Short title
Section 2: Project overview
Format: Two paragraphs
This is the executive summary of the project. It should include the core arguments for why the project is important, threatened and strategic (see below). The project overview should include the most compelling attributes and unique aspects of the project. Include how this project supports the goals and priorities identified in Colorado’s Forest Action Plan.
Section 3: Importance
Format: No more than 20 bullet points
This section focuses on the attributes of the property and the environmental, economic and public benefits gained from the conservation and management of the property and its resources now and into the future. Highly competitive applications demonstrate the quality, scope and impact of the attributes of the property and project. Ideally, the application would be able to stress state and national benefits.
This list of criteria is considered during project assessment and scoring by the state and federal governments. Review each criterion and include it if it’s applicable to your property. Make sure to stress multiple state and national benefits and touch on all criteria/benefits to the extent possible.
- Economic benefits from timber and potential forest productivity: This category includes three independent components: (1) Landowner demonstrates sustainable forest management in accordance with a management plan. State if the land is third-party certified (Sustainable Forestry Initiative, Forest Stewardship Council or American Tree Farm System). (2) Forestry activities that contribute to the resource-based economy for a community or region. (3) The property contains characteristics (such as highly productive soils) to sustain a productive forest over time.
- Economic benefits from non-timber products and recreation: Provides non-timber revenue to the local or regional economy through non-timber forest products (maple syrup, pine straw, ginseng collection, etc.); recreation and tourism (local or regional benefits related to lodging, rentals, bikes, boats, outdoor gear, guided tours for fishing, hunting or birdwatching, etc.); hunting leases; and/or ranching.
- Threatened or endangered species habitat: The property has documented threatened or endangered plants and animals or designated habitat. Documented occurrence and use of the project area is given more consideration in point allocation than if it is habitat without documented occurrence or use. Federally listed species are given more consideration than state-only listed species when evaluating the significance of this attribute.
- Fish, wildlife, plants and unique forest communities: The property contains unique forest communities and/or important fish or wildlife habitat as documented by a formal assessment or wildlife conservation plan or strategy developed by a government or a non-governmental organization. Contributions to international initiatives to support and sustain migratory species can be considered here if the property will make a significant contribution, e.g., the target species has been documented to regularly use the property during seasonal migration.
- Water supply, aquatic habitat and watershed protection: 1) The property has a direct relationship with protecting the water supply or watershed, such as providing a buffer to public drinking water supply, containing an aquifer recharge area or protecting an ecologically important aquatic or marine area, and/or 2) the property contains important riparian area, wetlands, shorelines, river systems or sensitive watershed lands. Consider the importance of the resource, the scope and scale of the property, magnitude and intensity of the benefits that will result from protection of the property. Merely being located within an aquifer recharge area or in a water supply area is not given the same consideration as a property that makes a significant conservation contribution to water, riparian, and aquatic resources and habitats.
- Cultural/historic: The property contains features of cultural and/or historical significance that are documented by a governmental or a non- governmental organization. A federal designation receives greater consideration.
- Tribal: The property provides meaningful benefits to tribal and other Indigenous communities, contains features or resources of cultural significance and/or uses management techniques significant to tribes (traditional ecological knowledge). Greater consideration is given to projects that have been developed with active involvement and partnership with a tribe, or where a tribal organization has documented the importance of the property for cultural practices, resources and benefits.
- Benefits to local communities: The property provides meaningful benefits for an identified local community, as designated by a government-sponsored data tool.
- Public access: Protection of the property will secure existing access, expand access or establish new access by the public for recreation (including waterfront access); however, restrictions on specific use and location of recreational activities may be allowed. More consideration is given to projects that expand or provide certainty of public access as a result of the proposed project.
- Scenic: The property is located within a viewshed of a government-designated scenic feature or area (such as a trail, river or highway). Federal designation is given more consideration than state-only designations when evaluating the significance of this attribute.
- Carbon sequestration/climate resilience, adaptation to climate change: Protection of the property will result in benefits related to climate resilience and adaption and carbon sequestration.
Section 4: Threatened
Format: No more than 10 bullet points
This section focuses on how likely it is that the property will be converted from a forest to a non-forest use. This section specifically focuses on the larger forces acting on the property, such as development potential, renewable energy potential, sale of nearby properties, landowner circumstances, etc.
This list of criteria is considered during project assessment and scoring by the state and federal governments. Review each category and list if applicable to your property. Stress multiple state and national benefits, and touch on all criteria/benefits to the extent possible.
- Lack of protection: The lack of temporary or permanent protections (e.g., current zoning, temporary or permanent easements, moratoriums and encumbrances that limit subdivision or conversion) that currently exists on the property and the likelihood of the threat of conversion.
- Land and landowner circumstances: Land and landowner circumstances such as property held in an estate, age of landowner, interest of ownership and stewardship of property by heirs of current landowners is uncertain, property is for sale or has a sale pending, landowner anticipates owning the property for a short duration, landowner has received purchase offers, land has an approved subdivision plan, landowner has sold subdivisions of the property, etc.
- Adjacent land use: Adjacent land use characteristics such as existing land status; rate of development, growth and conversion; rate of population growth (percent change); rate of change in ownership, etc.
- Ability to develop: Physical attributes of the property that will facilitate conversion, such as access, buildable ground, zoning, slope, water/sewer, electricity, etc.
Section 5: Strategic
Format: No more than 10 bullet points
This section reflects the project’s relevance or relationship to conservation efforts on a broader perspective, considering scale, location and relative contribution to landscape-scale conservation goals.
This list of criteria is considered during project assessment and scoring by the state and federal government. Review each category and list if applicable to your property. Stress multiple state and national benefits, and touch on all criteria/benefits to the extent possible.
- Conservation initiative, strategy or plan: How the project contributes to either an existing or new conservation initiative, strategy or plan. Describe the relative contribution of the property to achieving the conservation goals of the plan, strategy or initiative considering scale, location and project attributes. Conservation plans that have been formally designated by a governmental, tribal or non-governmental entity should be given more consideration. Contributions to a new strategy or a strategy under development may also be discussed. This can be useful if a project would contribute to, or catalyze, a new conservation initiative, strategy or plan. For new initiatives, specific goals should be defined, and potential contributions of how the project advances those goals should be highlighted.
- Complement protected lands: How the project is strategically linked to or enhances already protected lands, including past FLP projects, public lands (federal, state or local) or private lands conserved through permanent easements. Provide specifics on how the proposed tracts connect to and maintain landscape-scale benefits (e.g., ecological resilience, wildlife migration, watershed function and scenic viewshed integrity).
- Benefits to local communities: How the project benefits a disadvantaged community (as defined in the Importance section)
- Other landscape-scale goals and public benefits: How the project strategically contributes to the advancement of larger scale conservation goals and public benefits. Examples could include but are not limited to the following:
- Forest resilience and disaster mitigation
- Reduced community impacts from wildfire, floods, invasive species
- Expanded public access
- Protection of critical water supplies
Section 6: Supporting parties
Format: Unlimited bullet points
This section highlights who supports the project. For fiscal supporters, include how much they are contributing. For others, describe the partner and/or their support. For each, include letters documenting the support.
Optional criteria and additional information
Use this space to provide optional criteria and any additional comments not included elsewhere in the application.
Definitions
Conservation easement: A CE is a voluntary, legal agreement that permanently limits the use of private land to protect its conservation values. FLP CEs are written to meet the goals of the landowner, providing an attractive option for those who want to conserve their property permanently.
Designated improvement area: A DIA is a specified area of land that is identified in a CE or fee simple deed where specified improvements may be constructed, developed or maintained. Designated areas are places where nonforest uses (such as house, barn, remote recreation camps, etc.) are or will be allowed and do not have a detrimental effect on the CE values. Upon funding, the location of DIAs must be identified (surveyed or otherwise located) and appropriately addressed in the appraisal. The appropriate size of a DIA depends upon the scale of the project and the suite of values protected by the CE.
Fee simple acquisition: An FSA is the sale of the property to the CSFS.
Forested land: Forested land has at least 10% canopy cover of trees of any size or has had at least 10% canopy cover of trees in the past, based on the presence of stumps, snags or other evidence, and that will be naturally or artificially regenerated. Additionally, the land is not subject to nonforest use(s) that prevent normal tree regeneration and succession, such as regular mowing, intensive grazing or recreation activities. Forested land includes transition zones, such as areas between heavily forested and nonforested lands that are at least 10% canopy cover with trees and forest areas adjacent to urban and built-up lands. Also included are piñon-juniper and chaparral areas in the West and afforested areas. The minimum area for classification of forest land is 1 acre (0.4 ha) in size and 120 feet (36.6 m) wide measured stem-to-stem from the outermost edge. Unimproved roads and trails, streams and clearings in forest areas are classified as forest if less than 120 feet wide. More information can be found on the U.S. Forest Service’s definitions website. This definition is also found in Colorado’s Forest Action Plan, Assessment of Need. If the two definitions disagree, the definition in Colorado’s Forest Action Plan shall be the one used.
Landowner: Any owner of a legal or equitable interest in real property, and includes the heirs, successors and assigns of such ownership interests. The landowner is considered the project applicant.
Landowner’s representative: An individual or organization designated in writing by the landowner to perform specific tasks and represent the interests of the landowner. This is often a lawyer representing the landowner. The landowner’s representative may be the primary contact or part of the project team. The landowner’s representative is considered to be representing the interests of the project applicant.
Primary contact: A dedicated person who has the legal right to answer questions and provide information for the landowner(s), who are the project applicants. This is often the landowner or the landowner’s representative. Primary contacts are considered to be representing the interests of the project applicant.
Project applicant: For the FLP, the landowner(s) are considered the project applicants.
Project partner: Typically a non-profit organization or other individual who facilitates the creation and submission of the application, and after funding, facilitates the creation and submission of required due diligence and transaction documentation. Project partners are considered to be representing the interests of the project applicant.
Project team: Includes all individuals and organizations that support the project applicant in the creation of the application, and after funding, close-out of the project. The project team is considered to be representing the interest of the project applicant.
Property: All real property subject to land-use regulation by a local government.
Privately owned property: Land that is not owned by a government entity, but instead by an individual, business or organization. Also specifically includes land held in trust by the Colorado State Land Board.
Grant process
The FLP is a competitive grant program. Below is a high-level overview of the grant process. For more details on each step, contact the FLP specialist.
- Pre-submission stage
- Project applicant (PA) or project team (PT) meets with FLP specialist
- Site inspection conducted by the CSFS/USFS to confirm eligibility
- PA/PT submits application to the CSFS
- Colorado application stage
- Application reviewed by the CSFS
- If approved, application is sent to State Forest Stewardship Coordinating Committee (SFSCC) for review
- Application reviewed by SFSCC
- SFSCC ranks the project against other state projects and, if applicable, provides comments to strengthen application
- PA/PT & the CSFS update application based on SFSCC comments
- The CSFS submits application to USFS Western Review Panel
- Application reviewed by the CSFS
- National application stage
- USFS Western Review Panel (WRP)
- WRP ranks projects against other FLP projects and, if applicable, provides comments to strengthen application
- PA/PT & the CSFS update application based on WRP comments
- The CSFS submits application to Federal Review Panel
- Federal Review Panel (FRP)
- FRP ranks each project against national FLP projects and creates a funding list
- Funding list is submitted to the U.S. President and Congress for funding
- Notification of award
- If funded, the CSFS provides grant award letter to PA/PT outlining required real estate due diligence tasks and paperwork
- USFS Western Review Panel (WRP)
- Funded stage
- Real estate due diligence tasks and paperwork assembled
- PA/PT complete tasks and provide paperwork listed on grant award letter
- The CSFS coordinates regular progress meetings
- Final appraisal performed
- A certified appraiser provides an appraisal based on the Uniform Appraisal Standards for Federal Land Acquisition USFLA (Yellow book appraisal)
- USFS reviews and certifies appraisal
- Project applicant and the CSFS agree to appraisal value
- Real estate due diligence tasks and paperwork assembled
- Closing stage
- PA and the CSFS meet for closing and funds are distributed
Due diligence and transaction documents
Upon funding, the following documents will be provided as part of due diligence. While the costs associated with the documents are the responsibility of the project applicant, these costs may be included in the grant proposal. For questions or further information, please contact the CSFS FLP specialist.
- Land information
- Current landowner contact information (name, address, phone, email)
- Landowner written permission to enter/appraise property
- List of existing improvements with location
- Legal description of property and survey
- Property map and GIS shapefiles
- Original signed baseline documentation report, with all updates, dated the year of closing (for CEs)
- CE/deed restriction (DR) documents
- Initial CE/DRs agreed upon by landowner
- Final CE/DRs
- Copies of all exhibits
- Multi-resource management plan, approved and signed by the CSFS
- Purchase agreement documentation
- Purchase option (if applicable)
- Recorded acquired interest in the land with signatures and a copy of deed for each subsequent landowner
- Amicable Agreement Acknowledgement signed by landowner
- Title documentation
- Initial and final title research report that includes
- Water rights
- Mineral rights
- Water rights determination
- Document with determination that water rights use would be compatible with FLP
- Updated/final title with exceptions reconciled
- Mortgage subordination documentation (as applicable)
- Title insurance
- Initial title insurance
- Final title insurance policy with State named as insured
- Initial and final title research report that includes
- Mineral rights documents
- Documentation showing efforts to unite mineral rights
- State approved geologist report on mineral rights, showing remoteness determination
- Appraisal documents
- Initial appraisal, used to make grant request
- Final appraisal, with appraisal instructions
- Approved review report indicating appraisal conformance with Uniform Appraisal Standards for Federal Land Acquisitions (Yellow book)
- Certification of appraiser
- Environmental site inspections/assessment documents, including hazardous waste review (if applicable)
- Settlement/closing Statement
- Documentation of value of cost share tracts (if applicable)
- State and federal applications, including maps
- Copies of leases, covenants or other restrictions on the use of property
- Letters of support for the project
- Cost share documentation
- Copies of letters of cost share documentation from each match, including any cost share requirements
Colorado Forest Legacy Program Assessment of Need
In June 2000, then-Gov. Bill Owens designated the CSFS as Colorado’s lead agency for the Forest Legacy Program. As part of the process, the CSFS identified Forest Legacy Areas after a careful analysis of the areas in Colorado that should be prioritized for the program; the CSFS also developed the Assessment of Need that describes the Colorado FLP. This AON is updated every 10 years and reviewed every 5 years. The most recent update was produced in 2020 by Western Environment and Ecology Inc., a Littleton consulting firm. The 2025 AON review will be released in coordination with the CSFS Forest Action Plan.