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 Repealed.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), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(35), June 18, 2008, 122 Stat. 1664, 2032, related to the establishment and implementation of watershed forestry assistance programs. A prior section 2103b, Pub. L. 95–313, § 6, as added Pub. L. 101–624, title XII, § 1216, Nov. 28, 1990, 104 Stat. 3526, established the Stewardship Incentive Program, prior to repeal by Pub. L. 107–171, title VIII, § 8001(a), May 13, 2002, 116 Stat. 468. A prior section 6 of Pub. L. 95–313 was renumbered section 9 and is classified to section 2105 of this title. § 2103c. Forest Legacy Program (a) Establishment and purpose The Secretary shall establish a program, to be known as the Forest Legacy Program, in co- operation 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 mecha- nisms, 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 and section 2268a(a) of title 7, the Secretary may acquire from willing landowners lands and interests therein, includ- ing 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 pur- poses as the Secretary may provide. In admin- istering lands and interests therein under the program, the Secretary shall identify the envi- ronmental values to be protected by entry of the lands into the program, management ac- tivities which are planned and the manner in which they may affect the values identified, and obtain from the landowner other informa- tion determined appropriate for administra- tion and management purposes. (2) Initial programs Not later than November 28, 1991, the Sec- retary shall establish a regional program in furtherance of the Northern Forest Lands Study in the States of New York, New Hamp- shire, Vermont, and Maine under Public Law 100–446. The Secretary shall establish addi- tional programs in each of the Northeast, Mid- west, South, and Western regions of the United States, and the Pacific Northwest (in- cluding the State of Washington), on the prep- aration of an assessment of the need for such programs. (e) Eligibility Not later than November 28, 1991, and in con- sultation with State Forest Stewardship Coordi- nating Committees established under section 2113(b) of this title and similar regional organi- zations, the Secretary shall establish eligibility criteria for the designation of forest areas from which lands may be entered into the Forest Leg- acy Program and subsequently select such ap- propriate 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 effec- tively protected and managed, and which have important scenic or recreational values; ripar- ian areas; fish and wildlife values, including threatened and endangered species; or other eco- logical values. Page 2150 TITLE 16—CONSERVATION § 2103c 1 So in original. Probably should be ‘‘subsection (c),’’. (f) Application For areas included in the Forest Legacy Pro- gram, an owner of lands or interests in lands who wishes to participate may prepare and sub- mit an application at such time in such form and containing such information as the Sec- retary 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 re- gional 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 protec- tion pursuant to the criteria described in sub- section (e). (g) State consent Where a State has not approved the acquisi- tion of land under section 515 of this title, 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, in- cluding 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 Sec- retary may delegate or assign management and enforcement responsibilities over feder- ally 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 sub- section (b),1 the landowner shall be required to manage property in a manner that is consistent with the purposes for which the land was en- tered in the Forest Legacy Program and shall not convert such property to other uses. Hunt- ing, 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 partici- pating entities including regional organiza- tions, State and other governmental units, landowners, corporations, or private organiza- tions. Such costs may include, but are not limited to, those associated with planning, ad- ministration, property acquisition, and prop- erty 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 ‘‘conserva- tion easement’’ includes an easement utilizing a reserved interest deed where the grantee ac- quires all rights, title, and interests in a prop- erty, 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 For- est 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 par- ticipating 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 re- quirements described in subparagraph (B)), the Secretary may, at the request of the State of Vermont, convey to the State, by Page 2151 TITLE 16—CONSERVATION § 2103d 1 So in original. Probably should be ‘‘lands,’’. 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 inter- est 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 sub- sequently 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 con- sideration 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 re- main available until expended. (m) Appropriation There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 95–313, § 7, as added Pub. L. 101–624, title XII, § 1217, Nov. 28, 1990, 104 Stat. 3528; amended Pub. L. 102–237, title X, § 1018(a)(2), Dec. 13, 1991, 105 Stat. 1905; Pub. L. 104–127, title III, § 374, Apr. 4, 1996, 110 Stat. 1015; Pub. L. 108–108, title III, § 336, Nov. 10, 2003, 117 Stat. 1313.) Editorial Notes REFERENCES IN TEXT Public Law 100–446, referred to in subsec. (d)(2), is Pub. L. 100–446, Sept. 27, 1988, 102 Stat. 1774. Provisions of the Act relating to functions of the Secretary of Ag- riculture in connection with forest lands are not classi- fied to the Code. For complete classification of this Act to the Code, see Tables. PRIOR PROVISIONS A prior section 7 of Pub. L. 95–313 was renumbered section 10 and is classified to section 2106 of this title. AMENDMENTS 2003—Subsec. (l)(3). Pub. L. 108–108 added par. (3). 1996—Subsecs. (l), (m). Pub. L. 104–127 added subsec. (l) and redesignated former subsec. (l) as (m). 1991—Subsec. (d)(2). Pub. L. 102–237, § 1018(a)(2)(A), substituted ‘‘November 28, 1991’’ for ‘‘1 year after No- vember 28, 1990’’. Subsec. (e). Pub. L. 102–237, § 1018(a)(2)(B), substituted ‘‘Not later than November 28, 1991, and in consultation with State Forest Stewardship Coordinating Commit- tees established under section 2113(b)’’ for ‘‘Within 1 year from November 28, 1990, and in consultation with State Forest Stewardship Advisory Committees estab- lished under section 15(b)’’. Subsec. (f). Pub. L. 102–237, § 1018(a)(2)(C), substituted ‘‘subsection (e)’’ for ‘‘subsection (d)’’. § 2103d. Community forest and open space con- servation program (a) Definitions In this section: (1) Eligible entity The term ‘‘eligible entity’’ means a local governmental entity, Indian tribe, or non- profit organization that owns or acquires a parcel under the program. (2) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of title 25. (3) Local governmental entity The term ‘‘local governmental entity’’ in- cludes any municipal government, county gov- ernment, or other local government body with jurisdiction over local land use decisions. (4) Nonprofit organization The term ‘‘nonprofit organization’’ means any organization that— (A) is described in section 170(h)(3) of title 26; and (B) operates in accordance with 1 or more of the purposes specified in section 170(h)(4)(A) of title 26. (5) Program The term ‘‘Program’’ means the community forest and open space conservation program established under subsection (b). (6) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Establishment The Secretary shall establish a program, to be known as the ‘‘community forest and open space conservation program’’. (c) Grant program (1) In general The Secretary may award grants to eligible entities to acquire private forest land,1 to be owned in fee simple, that— (A) are threatened by conversion to non- forest uses; and (B) provide public benefits to commu- nities, including— (i) economic benefits through sustain- able forest management; (ii) environmental benefits, including clean water and wildlife habitat; (iii) benefits from forest-based edu- cational programs, including vocational education programs in forestry; (iv) benefits from serving as models of ef- fective forest stewardship for private land- owners; and (v) recreational benefits, including hunt- ing and fishing.