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16 U.S.C. § 2103c — Forest Legacy Program

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2103c — Forest Legacy Program

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Stable record: federal_law:legal_authorities:record_usc_7160a0d7a2e7fb2a425fe1c9
Source file: Laws/federal/codes/united-states-code/title-16/section-2103c-forest-legacy-program--2e58ac127c.md
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Source location: Title 16, Chapter 41, § 2103c; chapter-041-cooperative-forestry-assistance.md

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**(a) Establishment and purpose** The Secretary shall establish a program, to be known as the Forest Legacy Program, in cooperation with appropriate State, regional, and other units of government for the purposes of ascertaining and protecting environmentally important forest areas that are threatened by conversion to nonforest uses and, through the use of conservation easements and other mechanisms, for promoting forest land protection and other conservation opportunities. Such purposes shall also include the protection of important scenic, cultural, fish, wildlife, and recreational resources, riparian areas, and other ecological values. **(b) State and regional forest legacy programs** The Secretary shall exercise the authority under subsection (a) in conjunction with State or regional programs that the Secretary deems consistent with this section. **(c) Interests in land** In addition to the authorities granted under [section 515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section515&num=0&edition=prelim) and [section 2268a(a) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2268a/a&num=0&edition=prelim), the Secretary may acquire from willing landowners lands and interests therein, including conservation easements and rights of public access, for Forest Legacy Program purposes. The Secretary shall not acquire conservation easements with title held in common ownership with any other entity. **(d) Implementation** (1) **In general** — Lands and interests therein acquired under subsection (c) may be held in perpetuity for program and easement administration purposes as the Secretary may provide. In administering lands and interests therein under the program, the Secretary shall identify the environmental values to be protected by entry of the lands into the program, management activities which are planned and the manner in which they may affect the values identified, and obtain from the landowner other information determined appropriate for administration and management purposes. (2) **Initial programs** — Not later than November 28, 1991, the Secretary shall establish a regional program in furtherance of the Northern Forest Lands Study in the States of New York, New Hampshire, Vermont, and Maine under Public Law 100–446. The Secretary shall establish additional programs in each of the Northeast, Midwest, South, and Western regions of the United States, and the Pacific Northwest (including the State of Washington), on the preparation of an assessment of the need for such programs. **(e) Eligibility** Not later than November 28, 1991, and in consultation with State Forest Stewardship Coordinating Committees established under [section 2113(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2113/b&num=0&edition=prelim) and similar regional organizations, the Secretary shall establish eligibility criteria for the designation of forest areas from which lands may be entered into the Forest Legacy Program and subsequently select such appropriate areas. To be eligible, such areas shall have significant environmental values or shall be threatened by present or future conversion to nonforest uses. Of land proposed to be included in the Forest Legacy Program, the Secretary shall give priority to lands which can be effectively protected and managed, and which have important scenic or recreational values; riparian areas; fish and wildlife values, including threatened and endangered species; or other ecological values. **(f) Application** For areas included in the Forest Legacy Program, an owner of lands or interests in lands who wishes to participate may prepare and submit an application at such time in such form and containing such information as the Secretary may prescribe. The Secretary shall give reasonable advance notice for the submission of all applications to the State forester, equivalent State official, or other appropriate State or regional natural resource management agency. If applications exceed the ability of the Secretary to fund them, priority shall be given to those forest areas having the greatest need for protection pursuant to the criteria described in subsection (e). **(g) State consent** Where a State has not approved the acquisition of land under [section 515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section515&num=0&edition=prelim), the Secretary shall not acquire lands or interests therein under authority granted by this section outside an area of that State designated as a part of a program established under subsection (b). **(h) Forest management activities** (1) **In general** — Conservation easements or deed reservations acquired or reserved pursuant to this section may allow forest management activities, including timber management, on areas entered in the Forest Legacy Program insofar as the Secretary deems such activities consistent with the purposes of this section. (2) **Assignment of responsibilities** — For Forest Legacy Program areas, the Secretary may delegate or assign management and enforcement responsibilities over federally owned lands and interests in lands only to another governmental entity. **(i) Duties of owners** Under the terms of a conservation easement or other property interest acquired under subsection (b),11 So in original. Probably should be “subsection (c),”. the landowner shall be required to manage property in a manner that is consistent with the purposes for which the land was entered in the Forest Legacy Program and shall not convert such property to other uses. Hunting, fishing, hiking, and similar recreational uses shall not be considered inconsistent with the purposes of this program. **(j) Compensation and cost sharing** (1) **Compensation** — The Secretary shall pay the fair market value of any property interest acquired under this section. Payments under this section shall be in accordance with Federal appraisal and acquisition standards and procedures. (2) **Cost sharing** — In accordance with terms and conditions that the Secretary shall prescribe, costs for the acquisition of lands or interests therein or project costs shall be shared among participating entities including regional organizations, State and other governmental units, landowners, corporations, or private organizations. Such costs may include, but are not limited to, those associated with planning, administration, property acquisition, and property management. To the extent practicable, the Federal share of total program costs shall not exceed 75 percent, including any in-kind contribution. **(k) Easements** (1) **Reserved interest deeds** — As used in this section, the term “conservation easement” includes an easement utilizing a reserved interest deed where the grantee acquires all rights, title, and interests in a property, except those rights, title, and interests that may run with the land that are expressly reserved by a grantor. (2) **Prohibitions on limitations** — Notwithstanding any provision of State law, no conservation easement held by the United States or its successors or assigns under this section shall be limited in duration or scope or be defeasible by— (A) the conservation easement being in gross or appurtenant; (B) the management of the conservation easement having been delegated or assigned to a non-Federal entity; (C) any requirement under State law for re-recordation or renewal of the easement; or (D) any future disestablishment of a Forest Legacy Program area or other Federal project for which the conservation easement was originally acquired. (3) **Construction** — Notwithstanding any provision of State law, conservation easements shall be construed to effect the Federal purposes for which they were acquired and, in interpreting their terms, there shall be no presumption favoring the conservation easement holder or fee owner. **(l) Optional State grants** (1) **In general** — The Secretary shall, at the request of a participating State, provide a grant to the State to carry out the Forest Legacy Program in the State. (2) **Administration** — If a State elects to receive a grant under this subsection— (A) the Secretary shall use a portion of the funds made available under subsection (m), as determined by the Secretary, to provide a grant to the State; and (B) the State shall use the grant to carry out the Forest Legacy Program in the State, including the acquisition by the State of lands and interests in lands. (3) **Transfer of Forest Legacy Program land—** (A) *In general* — Subject to any terms and conditions that the Secretary may require (including the requirements described in subparagraph (B)), the Secretary may, at the request of the State of Vermont, convey to the State, by quitclaim deed, without consideration, any land or interest in land acquired in the State under the Forest Legacy Program. (B) *Requirements* — In conveying land or an interest in land under subparagraph (A), the Secretary may require that— (i) the deed conveying the land or interest in land include requirements for the management of the land in a manner that— (I) conserves the land or interest in land; and (II) is consistent with any other Forest Legacy Program purposes for which the land or interest in land was acquired; (ii) if the land or interest in land is subsequently sold, exchanged, or otherwise disposed of by the State of Vermont, the State shall— (I) reimburse the Secretary in an amount that is based on the current market value of the land or interest in land in proportion to the amount of consideration paid by the United States for the land or interest in land; or (II) convey to the Secretary land or an interest in land that is equal in value to the land or interest in land conveyed. (C) *Disposition of funds* — Amounts received by the Secretary under subparagraph (B)(ii) shall be credited to the Wildland Fire Management account, to remain available until expended. **(m) Appropriation** There are authorized to be appropriated such sums as may be necessary to carry out this section.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 515 — Examination, location, and purchase of forested, cut-over, or denuded lands; consent of State legislature to acquisition of land by the United States

The Secretary of Agriculture is hereby authorized and directed to examine, locate, and purchase such forested, cut-over, or denuded lands within the watersheds of navigable streams as in his judgment may be necessary to the regulation of the flow of navigable streams or for the production of timber. No deed or other instrument of conveyance of lands referred to herein shall be accepted or approved by the Secretary of Agriculture under this Act until the legislature of the State in which the land lies shall have consented to the acquisition of such land by the United States for the purpose of preserving the navigability of navigable streams.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 515

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2106 — Rural fire prevention and control

**(a) Congressional findings** Congress finds that— (1) significant accomplishments have been made by the Secretary and cooperating States in the prevention and control of fires on forest lands and on nonforested watersheds for more than fifty years; (2) progress is being made by the Secretary and cooperating States and rural communities in the protection of human lives, agricultural crops and livestock, property and other improvements, and natural resources from fires in rural areas; (3) notwithstanding the accomplishments and progress that have been made, fire prevention and control on rural lands and in rural communities are of continuing high priority to protect human lives, agricultural crops and livestock, property and other improvements, and natural resources; (4) the effective cooperative relationships between the Secretary and the States regarding fire prevention and control on rural lands and in rural communities should be retained and improved; (5) efforts in fire prevention and control in rural areas should be coordinated among Federal, State, and local agencies; and (6) in addition to providing assistance to State and local rural fire prevention and control programs, the Secretary should provide prompt and adequate assistance whenever a rural fire emergency overwhelms, or threatens to overwhelm, the firefighting capability of the affected State or rural area. **(b) Implementation of provisions** Notwithstanding the Federal Fire Prevention and Control Act of 1974 [[15 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2201&num=0&edition=prelim) et seq.] the Secretary is authorized, under whatever conditions the Secretary may prescribe, to— (1) cooperate with State foresters or equivalent State officials in develo

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2106

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2101a — State-wide assessment and strategies for forest resources

**(a) Assessment and strategies for forest resources** For a State to be eligible to receive funds under the authorities of this chapter, the State forester of that State or equivalent State official shall develop and submit to the Secretary, not later than two years after the date of enactment of the Food, Conservation, and Energy Act of 2008, the following: (1) A State-wide assessment of forest resource conditions, including— (A) the conditions and trends of forest resources in that State; (B) the threats to forest lands and resources in that State consistent with the national priorities specified in [section 2101(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2101/c&num=0&edition=prelim); (C) any areas or regions of that State that are a priority; and (D) any multi-State areas that are a regional priority. (2) A long-term State-wide forest resource strategy, including— (A) strategies for addressing threats to forest resources in the State outlined in the assessment required by paragraph (1); and (B) a description of the resources necessary for the State forester or equivalent State official from all sources to address the State-wide strategy. **(b) Updating** At such times as the Secretary determines to be necessary, the State forester or equivalent State official shall update and resubmit to the Secretary the State-wide assessment and State-wide strategy required by subsection (a). **(c) Coordination** In developing or updating the State-wide assessment and State-wide strategy required by subsection (a), the State Forester or equivalent State official shall coordinate with— (1) the State Forest Stewardship Coordinating Committee established for the State under [section 2113(b) of this title](https

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2101a

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2109 — General provisions

**(a) Cooperative and coordinating requirements for implementation of programs, etc.** In implementing this chapter, the Secretary shall, to the maximum extent practicable— (1) work through, cooperate with, and assist State foresters or equivalent State officials; (2) encourage cooperation and coordination between State foresters or equivalent State officials and other State agencies that manage renewable natural resources; (3) use and encourage cooperators under this chapter to use, private agencies, consultants, organizations, firms, and individuals to furnish necessary materials and services; and (4) promote effectiveness and economy by coordinating the direct actions and assistance authorized under this chapter with related programs the Secretary administers, and with cooperative programs of other agencies. **(b) Availability of appropriations** Money appropriated under this chapter shall remain available until expended. **(c) Consultation requirements for implementation of programs, etc.** Requirements for the development of State forest resources programs and State participation in management assistance, planning assistance, and technology implementation, the apportionment of funds among States participating under this chapter, the administrative expenses in connection with activities and programs under this chapter, and the amounts to be expended by the Secretary to assist non-State cooperators under this chapter, shall be determined by the Secretary in consultation with a committee of not less than five State foresters or equivalent State officials selected by a majority of the State foresters or equivalent State officials from States participating in programs under this chapter. However, the Secretary need not consult with such committee regarding funds

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2109

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2113 — Federal, State, and local coordination and cooperation

**(a) Forest Resource Coordinating Committee** (1) **Establishment** — The Secretary shall establish a committee, to be known as the “Forest Resource Coordinating Committee” (in this section referred to as the “Coordinating Committee”), to coordinate nonindustrial private forestry activities within the Department of Agriculture and with the private sector. (2) **Composition** — The Coordinating Committee shall be composed of the following: (A) The Chief of the Forest Service. (B) The Chief of the Natural Resources Conservation Service. (C) The Director of the Farm Service Agency. (D) The Director of the National Institute of Food and Agriculture. (E) Non-Federal representatives appointed by the Secretary to 3 year terms, although initial appointees shall have staggered terms, including the following persons: (i) At least three State foresters or equivalent State officials from geographically diverse regions of the United States. (ii) A representative of a State fish and wildlife agency. (iii) An owner of nonindustrial private forest land. (iv) A forest industry representative. (v) A conservation organization representative. (vi) A land-grant university or college representative. (vii) A private forestry consultant. (viii) A representative from a State Technical Committee established under [section 3861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3861&num=0&edition=prelim). (F) Such other persons as determined by the Secretary to be appropriate. (3) **Chairperson** — The Chief of the Forest Service shall serve as chairperson of the Coordinating Committee. (4) **Duties** — The Coordinating Committee shall— (A) provide direction and coordination of actions within

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2113

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2103c — Forest Legacy Program

Page 2149 TITLE 16—CONSERVATION § 2103c (A) is prepared by a professional resource manager; (B) identifies and describes actions to be taken by the landowner to protect soil, water, range, aesthetic quality, recreation, timber, water, and fish and wildlife re- sources on such land in a manner that is compatible with the objectives of the land- owner; and (C) is approved by the State forester, or equivalent State official; and (2) agree that all activities conducted on such land shall be consistent with the steward- ship plan. (g) Stewardship recognition The Secretary, in consultation with State for- esters or equivalent State officials, is encour- aged to develop an appropriate recognition pro- gram for landowners who practice stewardship management on their lands, with an appro- priate, special recognition symbol and title. (h) Authorization of appropriations There are hereby authorized to be appro- priated $25,000,000 for each of the fiscal years 1991 through 1995, and such sums as may be nec- essary thereafter, to carry out this section. (Pub. L. 95–313, § 5, as added Pub. L. 101–624, title XII, § 1215(2), Nov. 28, 1990, 104 Stat. 3525; amend- ed Pub. L. 102–237, title X, § 1018(a)(1), Dec. 13, 1991, 105 Stat. 1905.) Editorial Notes PRIOR PROVISIONS A prior section 5 of Pub. L. 95–313 was renumbered section 8 and is classified to section 2104 of this title. AMENDMENTS 1991—Subsec. (d). Pub. L. 102–237 substituted ‘‘State foresters’’ for ‘‘State Foresters’’ wherever appearing in introductory provisions. § 2103b. Repealed. Pub. L. 113–79, title VIII, § 8002, Feb. 7, 2014, 128 Stat. 913 Section, Pub. L. 95–313, § 6, as added Pub. L. 108–148, title III, § 302, Dec. 3, 2003, 117 Stat. 1903; amended Pub. L. 110–234, title VII, § 7511(c)(35), M

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2103c

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