16 U.S.C. § 6578 — Funding

Page 2615 TITLE 16—CONSERVATION § 6578 1 So in original. Heading and text do not correspond. (b) Thirty-year easement In the case of land enrolled in the healthy for- ests reserve program using a 30-year easement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)— (1) 75 percent of the fair market value of the land, less the fair market value of the land en- cumbered by the easement; and (2) 75 percent of the actual costs of the ap- proved conservation practices or 75 percent of the average cost of approved practices. (c) Ten-year agreement In the case of land enrolled in the healthy for- ests reserve program using a 10-year cost-share agreement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Sec- retary)— (1) fifty percent of the actual costs of the ap- proved conservation practices; or (2) fifty percent of the average cost of ap- proved practices. (d) Acceptance of contributions The Secretary of Agriculture may accept and use contributions of non-Federal funds to make payments under this section. (Pub. L. 108–148, title V, § 504, Dec. 3, 2003, 117 Stat. 1913; Pub. L. 110–234, title VIII, § 8205(b), May 22, 2008, 122 Stat. 1295; Pub. L. 110–246, § 4(a), title VIII, § 8205(b), June 18, 2008, 122 Stat. 1664, 2057.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–246, § 8205(b), substituted ‘‘Permanent easements’’ for ‘‘Easements of not more than 99 years’’ in heading and ‘‘a permanent easement (or an easement described in section 6572(f)(1)(C)(ii) of this title)’’ for ‘‘an easement of not more than 99 years described in section 6572(f)(1)(C) of this title’’ in intro- ductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. § 6575. Technical assistance (a) In general The Secretary of Agriculture shall provide landowners with technical assistance to assist the owners in complying with the terms of plans (as included in agreements or easements) under the healthy forests reserve program. (b) Technical service providers The Secretary of Agriculture may request the services of, and enter into cooperative agree- ments with, individuals or entities certified as technical service providers under section 3842 of this title, to assist the Secretary in providing technical assistance necessary to develop and implement the healthy forests reserve program. (Pub. L. 108–148, title V, § 505, Dec. 3, 2003, 117 Stat. 1913.) § 6576. Protections and measures (a) Protections In the case of a landowner that enrolls land in the program and whose conservation activities result in a net conservation benefit for listed, candidate, or other species, the Secretary of Ag- riculture shall make available to the landowner safe harbor or similar assurances and protection under— (1) section 1536(b)(4) of this title; or (2) section 1539(a)(1) of this title. (b) Measures If protection under subsection (a) requires the taking of measures that are in addition to the measures covered by the applicable restoration plan agreed to under section 6573 of this title, the cost of the additional measures, as well as the cost of any permit, shall be considered part of the restoration plan for purposes of financial assistance under section 6574 of this title. (Pub. L. 108–148, title V, § 506, Dec. 3, 2003, 117 Stat. 1914.) § 6577. Involvement by other agencies and orga- nizations In carrying out this subchapter, the Secretary of Agriculture may consult with— (1) nonindustrial private forest landowners; (2) other Federal agencies; (3) State fish and wildlife agencies; (4) State forestry agencies; (5) State environmental quality agencies; (6) other State conservation agencies; and (7) nonprofit conservation organizations. (Pub. L. 108–148, title V, § 507, Dec. 3, 2003, 117 Stat. 1914.) § 6578. Funding (a) Fiscal years 2009 through 2013 1 Of the funds of the Commodity Credit Corpora- tion, the Secretary of Agriculture shall make available $9,750,000 for each of fiscal years 2009 through 2012 1 to carry out this subchapter. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out this sec- tion $12,000,000 for each of fiscal years 2014 through 2023. (c) Additional source of funds In addition to funds appropriated pursuant to the authorization of appropriations in sub- section (b) for a fiscal year, the Secretary may use such amount of the funds appropriated for that fiscal year to carry out the Soil Conserva- tion and Domestic Allotment Act (16 U.S.C. 590a et seq.) as the Secretary determines necessary Page 2616 TITLE 16—CONSERVATION § 6591 to cover the cost of technical assistance, man- agement, and enforcement responsibilities for land enrolled in the healthy forests reserve pro- gram pursuant to subsections (a) and (b) of sec- tion 6574 of this title. (d) Duration of availability The funds made available under subsection (a) shall remain available until expended. (Pub. L. 108–148, title V, § 508, Dec. 3, 2003, 117 Stat. 1914; Pub. L. 110–234, title VIII, § 8205(c), May 22, 2008, 122 Stat. 1295; Pub. L. 110–246, § 4(a), title VIII, § 8205(c), June 18, 2008, 122 Stat. 1664, 2057; Pub. L. 113–79, title VIII, § 8203(b), Feb. 7, 2014, 128 Stat. 915; Pub. L. 115–334, title VIII, § 8407(a)(8), Dec. 20, 2018, 132 Stat. 4846.) Editorial Notes REFERENCES IN TEXT The Soil Conservation and Domestic Allotment Act, referred to in subsec. (c), is act Apr. 27, 1935, ch. 85, 49 Stat. 163, which is classified generally to chapter 3B (§ 590a et seq.) of this title. For complete classification of this Act to the Code, see section 590q of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (b). Pub. L. 115–334 substituted ‘‘Author- ization of appropriations’’ for ‘‘Fiscal years 2014 through 2018’’ in heading and ‘‘2023’’ for ‘‘2018’’ in text. 2014—Subsec. (a). Pub. L. 113–79, § 8203(b)(1), sub- stituted ‘‘Fiscal years 2009 through 2013’’ for ‘‘In gen- eral’’ in heading. Subsecs. (b) to (d). Pub. L. 113–79, § 8203(b)(2), (3), added subsecs. (b) and (c) and redesignated former sub- sec. (b) as (d). 2008—Pub. L. 110–246, § 8205(c), amended section gen- erally. Prior to amendment, text read as follows: ‘‘There are authorized to be appropriated to carry out this subchapter— ‘‘(1) $25,000,000 for fiscal year 2004; and ‘‘(2) such sums as are necessary for each of fiscal years 2005 through 2008.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. SUBCHAPTER VI—MISCELLANEOUS § 6591. Forest stands inventory and monitoring program to improve detection of and re- sponse to environmental threats (a) In general The Secretary of Agriculture shall carry out a comprehensive program to inventory, monitor, characterize, assess, and identify forest stands (with emphasis on hardwood forest stands) and potential forest stands— (1) in units of the National Forest System (other than those units created from the pub- lic domain); and (2) on private forest land, with the consent of the owner of the land. (b) Issues to be addressed In carrying out the program, the Secretary shall address issues including— (1) early detection, identification, and as- sessment of environmental threats (including insect, disease, invasive species, fire, and weather-related risks and other episodic events); (2) loss or degradation of forests; (3) degradation of the quality forest stands caused by inadequate forest regeneration prac- tices; (4) quantification of carbon uptake rates; and (5) management practices that focus on pre- venting further forest degradation. (c) Early warning system In carrying out the program, the Secretary shall develop a comprehensive early warning system for potential catastrophic environmental threats to forests to increase the likelihood that forest managers will be able to— (1) isolate and treat a threat before the threat gets out of control; and (2) prevent epidemics, such as the American chestnut blight in the first half of the twen- tieth century, that could be environmentally and economically devastating to forests. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2004 through 2008. (Pub. L. 108–148, title VI, § 601, Dec. 3, 2003, 117 Stat. 1914.) § 6591a. Designation of treatment areas (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 Gov- ernor of the State, designate as part of an in- sect 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 na- tional 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—