NRF_Notice of Subaward_Town of Ashby.pdf

COMMONWEALTH OF MASSACHUSETTS · EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS

Department of Conservation and Recreation 10 Park Plaza, Suite 6620 Boston MA 02116 617-626-1250 www.mass.gov/dcr

Maura T. Healey Governor

Kimberley Driscoll Lt. Governor

Rebecca Tepper, Secretary Executive Office of Energy & Environmental Affairs

Nicole LaChapelle, Commissioner Department of Conservation & Recreation

Notice of Proposed Best Value Grant Award

Forest Legacy Program Partnership Proposal: Town of Ashby

BD-27-1020-DCRCU-DC250-131733

The Department of Conservation and Recreation (DCR) announces its intention of a proposed partnership with the Town of Ashby to complete due diligence associated with the FY2023 Nashua Wild & Scenic Rivers and Forests Forest Legacy Project.

DCR was awarded a Forest Legacy Program (FLP) protect grant from the Unites States Forest Service to acquire land or interest in land in the towns of Ashby, Bolton, Fitchburg, Groton, Lancaster, Lunenburg, Pepperell, Shirley, and Townsend. DCR intends to partner with the Town of Ashby to perform due diligence work toward the completion of the Nashua Wild & Scenic Rivers & Forests Forest Legacy Project.

Selected Grantee: Town of Ashby

Grant Amount: Estimated funds to Town of Ashby are $40,000

Purpose of Grant Funding: The Forest Legacy Program project grant is awarded to DCR to fund acquisition of land included in an FLP project application. The Town of Ashby worked in partnership with other groups to develop an application for Forest Legacy Program funding for the acquisition of properties contained in the Nashua Wild & Scenic Rivers and Forests Forest Legacy Project. DCR was awarded funding for this project and intends to work with the Town of Ashby, and other partners to complete the land acquisition.

Justification

DCR intends to partner with the Town of Ashby to perform services to acquire interests in land that meet the following grant requirements:

• Are located within the boundaries of an approved Forest Legacy Area as identified in the State Forest Resource Assessment and Strategy (Forest Action Plan) and associated Forest Legacy Program Assessment of Need.

• Prior to acquisition of a conservation easement, a forest stewardship plan or other multi-resource management plan will be prepared by the landowner and approved by the State Forester or her/his designee. A plan is not needed if the landowner does not retain the right to harvest timber or conduct other land management activities. This plan must include the environmental values to be protected, the management activities that are planned and how they affect the environment values identified (16 USC 2103 (d)(l)) (16 USC 2103 (i)).

Modifications to the plan are to be agreed to by the State lead agency.

• Ensure that the title is free and unencumbered and/or that title insurance is secured in the name of the Grant Recipient for the full value of the encumbered property. Identify any existing easements, covenants or long-term contracts, which are recorded or unrecorded, or any rights that may be held by a third party. Any encumbrance to the title must be deemed by the Grant Recipient as not affecting the purpose for which the land or interests in land is being acquired. Title insurance does not substitute for free and unencumbered title.

• Evaluate any preexisting severed mineral reservations or leases and then make a determination as to whether the acquisition of mineral rights, prohibition on reserved areas, or an exclusion of the area that does not comply with FLP, would be necessary in order to protect the other rights that are being considered for acquisition. In some situations, it may be impossible to protect environmentally important forest areas without acquiring the mineral rights.

• Notify the landowner in writing of the market value of the property, that eminent domain will not be used, and that the property will not be acquired if negotiations fail to result in an amicable agreement.

• Complete a baseline documentation for each conservation easement tract and ensure it depicts the attributes of land on the day it is restricted by a conservation easement.

• Ensure that the Grant Recipient or its assignee will monitor the lands annually for conformance with the terms of the conservation easement.

• The consideration paid to any landowner must be no more than the market value of the conveyed lands or interests as determined by an appraisal that conforms to the most current version of the Uniform Appraisal Standards for Federal Land Acquisitions. and meet the following requirements:

o Be completed by an appraiser licensed in the State and who meets the qualifications specified in the Forest Legacy Program Implementation Guidelines, Appendix H;

o The appraiser and a qualified review appraiser will engage in an initial consultation before the project appraisal takes place;

o The review appraiser will develop project specific appraisal instructions for the appraiser as a result of this consultation;

o The effective date of value should reflect current market conditions;

o A qualified review appraiser will attest to Federal Appraisal Standard conformance;

and o The State may be asked to consult with a Forest Service qualified review appraiser prior to or during the appraisal process.

In order to accomplish the above, the Town of Ashby will work with landowners and required contractors.

The Town of Ashby will be cited as a sub-grantee of the FY23 Nashua Wild & Scenic Rivers and Forests Forest Legacy Project Acquisition Grant. This is due to their in-depth knowledge and understanding of the Nashua Wild & Scenic River and Forests Forest Legacy Project and its properties.

The Town of Ashby has assured DCR that they will collaborate with DCR in completing the tasks outlined in the grant in a timely fashion and in accordance with applicable law.

DCR finds that the selection of the Town of Ashby without an open public process, is fair and reasonable, necessary, efficient and supports both the purposes and timely disbursement of the grant funds.

Terms and Conditions: On terms and conditions acceptable to DCR and the Office of the Comptroller, through a Massachusetts Standard Contract, the Town of Ashby will secure necessary services and oversight of the project.

Duration of the Grant: The grant award sought is for the period of August 2026 to September 2028.