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16 U.S.C. § 2104 — Forest health protection
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may protect trees and forests and wood products, stored wood, and wood in use directly on the National Forest System and, in cooperation with others, on other lands in the United States, from natural and man-made causes, to—
(1) enhance the growth and maintenance of trees and forests;
(2) promote the stability of forest-related industries and employment associated therewith through the protection of forest resources;
(3) aid in forest fire prevention and control;
(4) conserve forest cover on watersheds, shelterbelts, and windbreaks;
(5) protect outdoor recreation opportunities and other forest resources; and
(6) extend timber supplies by protecting wood products, stored wood, and wood in use.
**(b) Activities** Subject to subsections (c), (d), and (e) and to such other conditions the Secretary may prescribe, the Secretary may, directly on the National Forest System, in cooperation with other Federal departments on other Federal lands, and in cooperation with State foresters, or equivalent State officials, subdivisions of States, agencies, institutions, organizations, or individuals on non-Federal lands—
(1) conduct surveys to detect and appraise insect infestations and disease conditions and man-made stresses affecting trees and establish a monitoring system throughout the forests of the United States to determine detrimental changes or improvements that occur over time, and report annually concerning such surveys and monitoring;
(2) determine the biological, chemical, and mechanical measures necessary to prevent, retard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease conditions affecting trees;
(3) plan, organize, direct, and perform measures the Secretary determines necess
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Stable record: federal_law:legal_authorities:record_usc_f927456cc7163e567783f347
Source file: Laws/federal/codes/united-states-code/title-16/section-2104-forest-health-protection--400efe0024.md
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Source location: Title 16, Chapter 41, § 2104; chapter-041-cooperative-forestry-assistance.md
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**(a) In general** The Secretary may protect trees and forests and wood products, stored wood, and wood in use directly on the National Forest System and, in cooperation with others, on other lands in the United States, from natural and man-made causes, to—
(1) enhance the growth and maintenance of trees and forests;
(2) promote the stability of forest-related industries and employment associated therewith through the protection of forest resources;
(3) aid in forest fire prevention and control;
(4) conserve forest cover on watersheds, shelterbelts, and windbreaks;
(5) protect outdoor recreation opportunities and other forest resources; and
(6) extend timber supplies by protecting wood products, stored wood, and wood in use.
**(b) Activities** Subject to subsections (c), (d), and (e) and to such other conditions the Secretary may prescribe, the Secretary may, directly on the National Forest System, in cooperation with other Federal departments on other Federal lands, and in cooperation with State foresters, or equivalent State officials, subdivisions of States, agencies, institutions, organizations, or individuals on non-Federal lands—
(1) conduct surveys to detect and appraise insect infestations and disease conditions and man-made stresses affecting trees and establish a monitoring system throughout the forests of the United States to determine detrimental changes or improvements that occur over time, and report annually concerning such surveys and monitoring;
(2) determine the biological, chemical, and mechanical measures necessary to prevent, retard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease conditions affecting trees;
(3) plan, organize, direct, and perform measures the Secretary determines necessary to prevent, retard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease epidemics affecting trees;
(4) provide technical information, advice, and related assistance on the various techniques available to maintain a healthy forest and in managing and coordinating the use of pesticides and other toxic substances applied to trees and other vegetation, and to wood products, stored wood, and wood in use;
(5) develop applied technology and conduct pilot tests of research results prior to the full-scale application of such technology in affected forests;
(6) promote the implementation of appropriate silvicultural or management techniques that may improve or protect the health of the forests of the United States; and
(7) take any other actions the Secretary determines necessary to accomplish the objectives and purposes of this section.
**(c) Consent of entity** Operations under this section to prevent, retard, control, or suppress insects or diseases affecting forests and trees on land not controlled or administered by the Secretary shall not be conducted without the consent, cooperation, and participation of the entity having ownership of or jurisdiction over the affected land.
**(d) Contribution by entity** No money appropriated to implement this section shall be expended to prevent, retard, control, or suppress insects or diseases affecting trees on non-Federal land until the entity having ownership of or jurisdiction over the affected land contributes, or agrees to contribute, to the work to be done in the amount and in the manner determined appropriate by the Secretary.
**(e) Allotments to other agencies** The Secretary may, in the Secretary’s discretion, and out of any money appropriated to implement this section, make allocations to Federal agencies having jurisdiction over lands held or owned by the United States in the amounts the Secretary determines necessary to prevent, retard, control, or suppress insect infestations and disease epidemics affecting trees on those lands.
**(f) Limitation on use of appropriations**
(1) **Removing dead trees** — No amounts appropriated shall be used to—
(A) pay the cost of felling and removing dead or dying trees unless the Secretary determines that such actions are necessary to prevent the spread of a major insect infestation or disease epidemic severely affecting trees; or
(B) compensate for the value of any property injured, damaged, or destroyed by any cause.
(2) **Insects and diseases affecting trees** — The Secretary may procure materials and equipment necessary to prevent, retard, control, or suppress insects and diseases affecting trees without regard to [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim), under whatever procedures the Secretary may prescribe, if the Secretary determines that such action is necessary and in the public interest.
**(g) Partnerships** The Secretary, by contract or cooperative agreement, may provide financial assistance through the Forest Service to State foresters or equivalent State officials, and private forestry and other organizations, to monitor forest health and protect the forest lands of the United States. The Secretary shall require contribution by the non-Federal entity in the amount and in the manner determined appropriate. Such non-Federal share may be in the form of cash, services, or equipment, as determined appropriate by the Secretary.
**(h) Authorization of appropriations** There are authorized to be appropriated annually such sums as may be necessary to carry out subsections (a) through (g).
**(i) Integrated pest management**
(1) **In general** — Subject to the provisions of subsections (c) and (e), the Secretary shall, in cooperation with State foresters or equivalent State officials, subdivisions of States, or other entities on non-Federal lands (hereafter in this subsection referred to as the “cooperator”)—
(A) provide cost-share assistance to such cooperators who have established an acceptable integrated pest management strategy, as determined by the Secretary, that will prevent, retard, control, or suppress gypsy moth, southern pine beetle, spruce budworm infestations, or other major insect infestations in an amount no less than 50 percent nor greater than 75 percent of the cost of implementing such strategy; and
(B) upon request, assist the cooperator in the development of such integrated pest management strategy.
(2) **Authorization of appropriations** — There are hereby authorized to be appropriated annually $10,000,000 to implement this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
There is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States and dedicated and set apart as a public park for the benefit and enjoyment of the people, under the name of the “Bryce Canyon National Park,” the tract of land in the State of Utah particularly described by and included within metes and bounds, as follows, to wit:
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized projects** As soon as practicable after December 3, 2003, the Secretary shall implement authorized hazardous fuel reduction projects, consistent with the Implementation Plan, on—
(1) Federal land in wildland-urban interface areas;
(2) condition class 3 Federal land, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event;
(3) condition class 2 Federal land located within fire regime I, fire regime II, or fire regime III, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event;
(4) Federal land on which windthrow or blowdown, ice storm damage, the existence of an epidemic of disease or insects, or the presence of such an epidemic on immediately adjacent land and the imminent risk it will spread, poses a significant threat to an ecosystem component, or forest or rangeland resource, on the Federal land or adjacent non-Federal land; and
(5) Federal land not covered by paragraphs (1) through (4) that contains threatened and endangered species habitat, if—
(A) natural fire regimes on that land are identified as being important for, or wildfire is identified as a threat to, an endangered species, a threatened species
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6514
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized hazardous fuel reduction projects** Except as otherwise provided in this subchapter, the Secretary shall conduct authorized hazardous fuel reduction projects in accordance with—
(1) the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.]; and
(2) other applicable laws.
**(b) Environmental assessment or environmental impact statement** The Secretary shall prepare an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 ([42 U.S.C. 4332(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2&num=0&edition=prelim)) for each authorized hazardous fuel reduction project.
**(c) Consideration of alternatives**
(1) **In general** — Except as provided in subsection (d), in the environmental assessment or environmental impact statement prepared under subsection (b), the Secretary shall study, develop, and describe—
(A) the proposed agency action;
(B) the alternative of no action; and
(C) an additional action alternative, if the additional alternative—
(i) is proposed during scoping or the collaborative process under subsection (f); and
(ii) meets the purpose and need of the project, in accordance with regulations promulgated by the Council on Environmental Quality.
(2) **Multiple additional alternatives** — If more than 1 additional alternative is proposed under paragraph (1)(C), the Secretary shall—
(A) select which additional alternative to consider, which is a choice that is in the sole discretion of the Secretary; and
(B) provide a written record describing the reasons for the selection.
**(d) Alte
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6516
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development of State organizations for protection and management of non-Federal forest lands; scope of assistance; request by officials** To aid in achieving maximum effectiveness in the programs and activities conducted under this chapter, the Secretary is authorized to provide financial, technical, and related assistance to State foresters or equivalent State officials for the development of stronger and more efficient State organizations that will enable them to fulfill better their responsibilities for the protection and management of non-Federal forest lands. Assistance under this subsection may include, but will not be limited to, assistance in matters related to organization management, program planning and management, budget and fiscal accounting services, personnel training and management, information services, and recordkeeping. Assistance under this subsection may be extended only upon request by State foresters or equivalent State officials.
**(b) Assembly, analysis, display, and reporting of State forest resources data, resources planning, etc.; scope of assistance; other statutory provisions unaffected** To ensure that data regarding forest lands are available for and effectively presented in State and Federal natural resources planning, the Secretary is authorized to provide financial, technical, and related assistance to State foresters or equivalent State officials in the assembly, analysis, display, and reporting of State forest resources data, in the training of State forest resources planners, and in participating in natural resources planning at the State and Federal levels. The Secretary shall restrict assistance under this subsection to the implementation of the forestry aspects of State and Federal natural resources planning conducted unde
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2107
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) **Appropriation.—** — The term “appropriation” includes amounts made available by legislation under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim).
(2) **Federal government.—** — The term “Federal Government” includes the government of the District of Columbia.
**(b) Purchases.—**
(1) **In general.—** — Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Federal Government may be made or entered into only after advertising for proposals for a sufficient time.
(2) **Limitations on applicability.—** — Paragraph (1) does not apply when—
(A) the amount involved in any one case does not exceed $25,000;
(B) public exigencies require the immediate delivery of articles or performance of services;
(C) only one source of supply is available and the Federal Government purchasing or contracting officer so certifies; or
(D) services are required to be performed by a contractor in person and are—
(i) of a technical and professional nature; or
(ii) under Federal Government supervision and paid for on a time basis.
**(c) Sales.—** Except when otherwise authorized by law or when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Federal Government are governed by the requirements of this section for advertising.
**(d) Application to Wholly Owned Government Corporations.—** For wholly owned Government corporations, this section applies only to administrative transactions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of declining forest health** In this section, the term “declining forest health” means a forest that is experiencing—
(1) substantially increased tree mortality due to insect or disease infestation; or
(2) dieback due to infestation or defoliation by insects or disease.
**(b) Designation of treatment areas**
(1) **Initial areas** — Not later than 60 days after February 7, 2014, the Secretary shall, if requested by the Governor of the State, designate as part of an insect and disease treatment program 1 or more landscape-scale areas, such as subwatersheds (sixth-level hydrologic units, according to the System of Hydrologic Unit Codes of the United States Geological Survey), in at least 1 national forest in each State that is experiencing an insect or disease epidemic.
(2) **Additional areas** — After the end of the 60-day period described in paragraph (1), the Secretary may designate additional landscape-scale areas under this section as needed to address insect or disease threats.
**(c) Requirements** To be designated a landscape-scale area under subsection (b), the area shall be—
(1) experiencing declining forest health, based on annual forest health surveys conducted by the Secretary;
(2) at risk of experiencing substantially increased tree mortality over the next 15 years due to insect or disease infestation, based on the most recent National Insect and Disease Risk Map published by the Forest Service; or
(3) in an area in which the risk of hazard trees poses an imminent risk to public infrastructure, health, or safety.
**(d) Treatment of areas**
(1) **In general** — The Secretary may carry out priority projects on Federal land in the areas designated under subsection (b)—
(A) to reduce the risk or extent of, or increase the resilience
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6591c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary, in consultation with State foresters or equivalent State officials, shall establish a Forest Stewardship Program (hereafter referred to in this section as the “Program”) to encourage the long-term stewardship of nonindustrial private forest lands by assisting owners of such lands to more actively manage their forest and related resources by utilizing existing State, Federal, and private sector resource management expertise and assistance programs.
**(b) Goal** The goal of the Program shall be to enter at least 25,000,000 acres of nonindustrial private forest lands in the Program by December 31, 1995.
**(c) “Nonindustrial private forest lands” defined** For the purposes of this section, the term “nonindustrial private forest lands” means rural, as determined by the Secretary, lands with existing tree cover, or suitable for growing trees, and owned by any private individual, group, association, corporation, Indian tribe, or other private legal entity.
**(d) Implementation** In carrying out the Program the Secretary, in consultation with State foresters or equivalent State officials, shall provide financial, technical, educational, and related assistance to State foresters or equivalent State officials, including assistance to help such State foresters or equivalent officials to provide financial assistance to other State and local natural resource entities, both public and private, and land-grant universities for the delivery of information and professional assistance to owners of nonindustrial private forest lands. Such information and assistance shall be directed to help such owners understand and evaluate alternative actions they might take, including—
(1) managing and enhancing the productivity of timber, fish and wildlife habi
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2103a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this Act:
(1) **Federal land** — The term “Federal land” means—
(A) land of the National Forest System (as defined in [section 1609(a) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1609/a&num=0&edition=prelim)) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and
(B) public lands (as defined in [section 1702 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1702&num=0&edition=prelim)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
(2) **Indian forest land or rangeland** — The term “Indian forest land or rangeland” means land that—
(A) is held in trust by, or with a restriction against alienation by, the United States for an Indian tribe or a member of an Indian tribe; and
(B)
(i)
(I) is Indian forest land (as defined in [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3103&num=0&edition=prelim)); or
(II) has a cover of grasses, brush, or any similar vegetation; or
(ii) formerly had a forest cover or vegetative cover that is capable of restoration.
(3) **Indian tribe** — The term “Indian tribe” has the meaning given the term in [section 5304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
(4) **Secretary** — The term “Secretary” means—
(A) the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and
(B) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management.
**(b) Authority to
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3115a
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Federal law — U.S. Code and appendices · legal_authorities
Page 2153
TITLE 16—CONSERVATION
§ 2104
forest land play an essential role in protecting public
water supplies;
‘‘(5) forest parcels owned by local governmental en-
tities and nonprofit organizations are providing im-
portant demonstration sites for private landowners
to learn forest management techniques;
‘‘(6) throughout the United States, communities of
diverse types and sizes are deriving significant finan-
cial and community benefits from managing forest
land owned by local governmental entities for timber
and other forest products; and
‘‘(7) there is an urgent need for local governmental
entities to be able to leverage financial resources in
order to purchase important parcels of privately-
owned forest land as the parcels are offered for sale.’’
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical
provisions. Pub. L. 110–234 was repealed by section 4(a)
of Pub. L. 110–246, set out as a note under section 8701
of Title 7, Agriculture.]
§ 2104. Forest health protection
(a) In general
The Secretary may protect trees and forests
and wood products, stored wood, and wood in use
directly on the National Forest System and, in
cooperation with others, on other lands in the
United States, from natural and man-made
causes, to—
(1) enhance the growth and maintenance of
trees and forests;
(2) promote the stability of forest-related in-
dustries and employment associated therewith
through the protection of forest resources;
(3) aid in forest fire prevention and control;
(4) conserve forest cover on watersheds,
shelterbelts, and windbreaks;
(5) protect outdoor recreation opportunities
and other forest resources; and
(6) extend timber supplies by protecting
wood products, stored wood, and wood in use.
(b) Activities
Subject to subsections (c), (
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2104
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.