16 U.S.C. § 2104 — Forest health protection

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 L. 110–234 was repealed by section 4(a) of Pub.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), (d), and (e) and to such other conditions the Secretary may pre- scribe, the Secretary may, directly on the Na- tional Forest System, in cooperation with other Federal departments on other Federal lands, and in cooperation with State foresters, or equiva- lent State officials, subdivisions of States, agen- cies, 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 estab- lish a monitoring system throughout the for- ests of the United States to determine detri- mental 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, re- tard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease conditions affecting trees; (3) plan, organize, direct, and perform meas- ures 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 tech- niques 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 af- fected forests; (6) promote the implementation of appro- priate 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 de- termines necessary to accomplish the objec- tives and purposes of this section. (c) Consent of entity Operations under this section to prevent, re- tard, control, or suppress insects or diseases af- fecting 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 sec- tion shall be expended to prevent, retard, con- trol, or suppress insects or diseases affecting trees on non-Federal land until the entity hav- ing ownership of or jurisdiction over the af- fected land contributes, or agrees to contribute, to the work to be done in the amount and in the manner determined appropriate by the Sec- retary. (e) Allotments to other agencies The Secretary may, in the Secretary’s discre- tion, and out of any money appropriated to im- plement this section, make allocations to Fed- eral 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 de- termines that such actions are necessary to prevent the spread of a major insect infesta- tion or disease epidemic severely affecting trees; or (B) compensate for the value of any prop- erty injured, damaged, or destroyed by any cause. (2) Insects and diseases affecting trees The Secretary may procure materials and equipment necessary to prevent, retard, con- trol, or suppress insects and diseases affecting trees without regard to section 6101 of title 41, under whatever procedures the Secretary may prescribe, if the Secretary determines that such action is necessary and in the public in- terest. (g) Partnerships The Secretary, by contract or cooperative agreement, may provide financial assistance Page 2154 TITLE 16—CONSERVATION § 2104 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, serv- ices, or equipment, as determined appropriate by the Secretary. (h) Authorization of appropriations There are authorized to be appropriated annu- ally 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 offi- cials, subdivisions of States, or other entities on non-Federal lands (hereafter in this sub- section referred to as the ‘‘cooperator’’)— (A) provide cost-share assistance to such cooperators who have established an accept- able 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 infesta- tions in an amount no less than 50 percent nor greater than 75 percent of the cost of im- plementing 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 appro- priated annually $10,000,000 to implement this subsection. (Pub. L. 95–313, § 8, formerly § 5, July 1, 1978, 92 Stat. 368; renumbered § 8 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1218, Nov. 28, 1990, 104 Stat. 3525, 3531.) Editorial Notes CODIFICATION In subsec. (f)(2), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. PRIOR PROVISIONS A prior section 8 of Pub. L. 95–313 was renumbered section 11 and is classified to section 2107 of this title. AMENDMENTS 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions relating to insect and disease control on Federal and non-Federal forest lands, additional protective functions and re- sponsibilities concerning such lands, consent, coopera- tion, and participation of, and contribution by, entity having jurisdiction over such lands, allocations to Fed- eral agencies having jurisdiction over such lands, avail- ability and limitations on use of appropriated amounts, and authorization of appropriations. Statutory Notes and Related Subsidiaries STEWARDSHIP END RESULT CONTRACTING PROJECTS Pub. L. 107–63, title III, § 332, Nov. 5, 2001, 115 Stat. 471, provided in part that: ‘‘The authority to enter into stewardship and end result contracts provided to the Forest Service in accordance with [former] section 347 of title III of section 101(e) of division A of Public Law 105–277 [formerly set out as a note below] is hereby ex- panded to authorize the Forest Service to enter into an additional 28 contracts subject to the same terms and conditions as provided in that section: Provided, That of the additional contracts authorized by this section at least 9 shall be allocated to Region 1 and at least 3 to Region 6.’’ Similar provisions were contained in Pub. L. 106–291, title III, § 338, Oct. 11, 2000, 114 Stat. 998, as amended by Pub. L. 107–20, title II, § 2604, July 24, 2001, 115 Stat. 178. Pub. L. 105–277, div. A, § 101(e) [title III, § 347], Oct. 21, 1998, 112 Stat. 2681–231, 2681–298, as amended by Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 341], Nov. 29, 1999, 113 Stat. 1535, 1501A–201; Pub. L. 107–63, title III, § 332, Nov. 5, 2001, 115 Stat. 471; Pub. L. 108–7, div. F, title III, § 323, Feb. 20, 2003, 117 Stat. 275; Pub. L. 113–76, div. G, title IV, § 434, Jan. 17, 2014, 128 Stat. 346, which author- ized the Forest Service and the Bureau of Land Man- agement, until Sept. 30, 2014, to enter into stewardship contracting projects with private persons or other pub- lic or private entities to perform services to achieve certain land management goals, was repealed by Pub. L. 113–79, title VIII, § 8205(b), Feb. 7, 2014, 128 Stat. 921. See section 6591c of this title. HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY Pub. L. 105–277, div. A, § 101(e) [title IV], Oct. 21, 1998, 112 Stat. 2681–231, 2681–305, as amended by Pub. L. 107–171, title VI, § 6201(d)(5), May 13, 2002, 116 Stat. 419; Pub. L. 110–161, div. F, title IV, § 434, Dec. 26, 2007, 121 Stat. 2153; Pub. L. 111–8, div. E, title IV, § 428, Mar. 11, 2009, 123 Stat. 749, provided that: ‘‘SEC. 401. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL FORESTS TO IMPLEMENT QUINCY LI- BRARY GROUP PROPOSAL. (a) DEFINITION.—For purposes of this section, the term ‘Quincy Library Group-Com- munity Stability Proposal’ means the agreement by a coalition of representatives of fisheries, timber, envi- ronmental, county government, citizen groups, and local communities that formed in northern California to develop a resource management program that pro- motes ecologic and economic health for certain Federal lands and communities in the Sierra Nevada area. Such proposal includes the map entitled ‘QUINCY LIBRARY GROUP Community Stability Proposal’, dated October 12, 1993, and prepared by VESTRA Resources of Red- ding, California. ‘‘(b) PILOT PROJECT REQUIRED.— ‘‘(1) PILOT PROJECT AND PURPOSE.—The Secretary of Agriculture (in this section referred to as the ‘Sec- retary’), acting through the Forest Service and after completion of an environmental impact statement (a record of decision for which shall be adopted within 300 days), shall conduct a pilot project on the Federal lands described in paragraph (2) to implement and demonstrate the effectiveness of the resource man- agement activities described in subsection (d) and the other requirements of this section, as recommended in the Quincy Library Group-Community Stability Proposal. ‘‘(2) PILOT PROJECT AREA.—The Secretary shall con- duct the pilot project on the Federal lands within Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest in the State of California designated as ‘Avail- able for Group Selection’ on the map entitled ‘QUIN- CY LIBRARY GROUP Community Stability Pro- posal’, dated October 12, 1993 (in this section referred to as the ‘pilot project area’). Such map shall be on file and available for inspection in the appropriate of- fices of the Forest Service. Page 2155 TITLE 16—CONSERVATION § 2104 ‘‘(c) EXCLUSION OF CERTAIN LANDS, RIPARIAN PROTEC- TION AND COMPLIANCE.— ‘‘(1) EXCLUSION.—All spotted owl habitat areas and protected activity centers located within the pilot project area designated under subsection (b)(2) will be deferred from resource management activities re- quired under subsection (d) and timber harvesting during the term of the pilot project. ‘‘(2) RIPARIAN PROTECTION.— ‘‘(A) IN GENERAL.—The Scientific Analysis Team guidelines for riparian system protection described in subparagraph (B) shall apply to all resource man- agement activities conducted under subsection (d) and all timber harvesting activities that occur in the pilot project area during the term of the pilot project. ‘‘(B) GUIDELINES DESCRIBED.—The guidelines re- ferred to in subparagraph (A) are those in the docu- ment entitled ‘Viability Assessments and Manage- ment Considerations for Species Associated with Late-Successional and Old-Growth Forests of the Pacific Northwest’, a Forest Service research docu- ment dated March 1993 and co-authored by the Sci- entific Analysis Team, including Dr. Jack Ward Thomas. ‘‘(C) LIMITATION.—Nothing in this section shall be construed to require the application of the Sci- entific Analysis Team guidelines to any livestock grazing in the pilot project area during the term of the pilot project, unless the livestock grazing is being conducted in the specific location at which the Scientific Analysis Team guidelines are being applied to an activity under subsection (d). ‘‘(3) COMPLIANCE.—All resource management activi- ties required by subsection (d) shall be implemented to the extent consistent with applicable Federal law and the standards and guidelines for the conservation of the California spotted owl as set forth in the Cali- fornia Spotted Owl Sierran Provence Interim Guide- lines or the subsequently issued guidelines, whichever are in effect. ‘‘(4) ROADLESS AREA PROTECTION.—The Regional Forester for Region 5 shall direct that any resource management activity required by subsection (d)(1) and (2), all road building, all timber harvesting ac- tivities, and any riparian management under sub- section (d)(4) that utilizes road construction or tim- ber harvesting shall not be conducted on Federal lands within the Plumas National Forest, Lassen Na- tional Forest, and the Sierraville Ranger District of the Tahoe National Forest that are designated as ei- ther ‘Off Base’ or ‘Deferred’ on the map referred to in subsection (a). Such direction shall be effective dur- ing the term of the pilot project. ‘‘(d) RESOURCE MANAGEMENT ACTIVITIES.—During the term of the pilot project, the Secretary shall imple- ment and carry out the following resource management activities on an acreage basis on the Federal lands in- cluded within the pilot project area designated under subsection (b)(2): ‘‘(1) FUELBREAK CONSTRUCTION.—Construction of a strategic system of defensible fuel profile zones, in- cluding shaded fuelbreaks, utilizing thinning, indi- vidual tree selection, and other methods of vegeta- tion management consistent with the Quincy Library Group-Community Stability Proposal, on not less than 40,000, but not more than 60,000, acres per year. ‘‘(2) GROUP SELECTION AND INDIVIDUAL TREE SELEC- TION.—Utilization of group selection and individual tree selection uneven-aged forest management pre- scriptions described in the Quincy Library Group- Community Stability Proposal to achieve a desired future condition of all-age, multistory, fire resilient forests as follows: ‘‘(A) GROUP SELECTION.—Group selection on an av- erage acreage of .57 percent of the pilot project area land each year of the pilot project. ‘‘(B) INDIVIDUAL TREE SELECTION.—Individual tree selection may also be utilized within the pilot project area. ‘‘(3) TOTAL ACREAGE.—The total acreage on which resource management activities are implemented under this subsection shall not exceed 70,000 acres each year. ‘‘(4) RIPARIAN MANAGEMENT.—A program of riparian management, including wide protection zones and ri- parian restoration projects, consistent with riparian protection guidelines in subsection (c)(2)(B). ‘‘(e) COST-EFFECTIVENESS.—In conducting the pilot project, Secretary shall use the most cost-effective means available, as determined by the Secretary, to implement resource management activities described in subsection (d). ‘‘(f) FUNDING.— ‘‘(1) SOURCE OF FUNDS.—In conducting the pilot project, the Secretary shall use, subject to the rel- evant reprogramming guidelines of the House and Senate Committees on Appropriations— ‘‘(A) those funds specifically provided to the For- est Service by the Secretary to implement resource management activities according to the Quincy Li- brary Group-Community Stability Proposal; and ‘‘(B) year-end excess funds that are allocated for the administration and management of Plumas Na- tional Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National For- est. ‘‘(2) PROHIBITION ON USE OF CERTAIN FUNDS.—The Secretary may not conduct the pilot project using funds appropriated for any other unit of the National Forest System. ‘‘(3) FLEXIBILITY.—Subject to normal reprogram- ming guidelines, during the term of the pilot project, the forest supervisors of Plumas National Forest, Lassen National Forest, and Tahoe National Forest may allocate and use all accounts that contain year- end excess funds and all available excess funds for the administration and management of Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest to perform the resource management activities described in sub- section (d). ‘‘(4) RESTRICTION.—The Secretary or the forest su- pervisors, as the case may be, shall not utilize au- thority provided under paragraphs (1)(B) and (3) if, in their judgment, doing so will limit other nontimber related multiple use activities for which such funds were available. ‘‘(5) OVERHEAD.—The Secretary shall seek to ensure that of amounts available to carry out this section— ‘‘(A) not more than 12 percent is used or allocated for general administration or other overhead; and ‘‘(B) at least 88 percent is used to implement and carry out activities required by this section. ‘‘(6) AUTHORIZED SUPPLEMENTAL FUNDS.—There are authorized to be appropriated to implement and carry out the pilot project such sums as are necessary. ‘‘(7) BASELINE FUNDS.—Amounts available for re- source management activities authorized under sub- section (d) shall at a minimum include existing base- line funding levels. ‘‘(g) TERM OF PILOT PROJECT.—The Secretary shall conduct the pilot project until September 30, 2012. ‘‘(h) CONSULTATION.—(1) The statement required by subsection (b)(1) shall be prepared in consultation with interested members of the public, including the Quincy Library Group. ‘‘(2) CONTRACTING.—The Forest Service, subject to the availability of appropriations, may carry out any (or all) of the requirements of this section using private contracts. ‘‘[(i)] By June 1, 2008, the Forest Service shall initiate a collaborative process with the Plaintiffs in Sierra Ne- vada Forest Prot. Campaign v. Rey, Case No. CIV–S–05–0205 MCE/GGH (E.D. Cal.), appeal docketed sub nom. Sierra Forest Legacy v. Rey, No. 07–16892 (9th Cir. Oct. 23, 2007) and the Quincy Library Group to de- termine whether modifications to the Pilot Project are appropriate for the remainder of the Pilot Project. ‘‘(j) STATUS REPORTS.— Page 2156 TITLE 16—CONSERVATION § 2104a ‘‘(1) IN GENERAL.—Not later than February 28 of each year during the term of the pilot project, the Secretary shall submit to Congress a report on the status of the pilot project. The report shall include at least the following: ‘‘(A) A complete accounting of the use of funds made available under subsection (f)(1)(A) until such funds are fully expended. ‘‘(B) A complete accounting of the use of funds and accounts made available under subsection (f)(1) for the previous fiscal year, including a schedule of the amounts drawn from each account used to per- form resource management activities described in subsection (d). ‘‘(C) A description of total acres treated for each of the resource management activities required under subsection (d), forest health improvements, fire risk reductions, water yield increases, and other natural resources-related benefits achieved by the implementation of the resource management activities described in subsection (d). ‘‘(D) A description of the economic benefits to local communities achieved by the implementation of the pilot project. ‘‘(E) A comparison of the revenues generated by, and costs incurred in, the implementation of the re- source management activities described in sub- section (d) on the Federal lands included in the pilot project area with the revenues and costs dur- ing each of the fiscal years 1992 through 1997 for timber management of such lands before their in- clusion in the pilot project. ‘‘(F) A proposed schedule for the resource man- agement activities to be undertaken in the pilot project area during the 1-year period beginning on the date of submittal of the report. ‘‘(G) A description of any adverse environmental impacts from the pilot project. ‘‘(2) LIMITATION ON EXPENDITURES.—The amount of Federal funds expended on each annual report under this subsection shall not exceed $125,000. ‘‘(k) FINAL REPORT.— ‘‘(1) IN GENERAL.—The Secretary shall establish an independent scientific panel to review and report on whether, and to what extent, implementation of the pilot project under this section achieved the goals stated in the Quincy Library Group-Community Sta- bility Proposal, including improved ecological health and community stability. The membership of the panel shall reflect expertise in diverse disciplines in order to adequately address all of those goals. ‘‘(2) PREPARATION.—The panel shall initiate such re- view no sooner than 18 months after the first day of the term of the pilot project under subsection (g). The panel shall prepare the report in consultation with interested members of the public, including the Quincy Library Group. The report shall include, but not be limited to, the following: ‘‘(A) A description of any adverse environmental impacts resulting from implementation of the pilot project. ‘‘(B) An assessment of watershed monitoring data on lands treated pursuant to this section. Such as- sessment shall address the following issues on a pri- ority basis: timing of water releases; water quality changes; and water yield changes over the short- and long-term in the pilot project area. ‘‘(3) SUBMISSION TO THE CONGRESS.—The panel shall submit the final report to the Congress as soon as practicable, but in no case later than 18 months after completion of the pilot project. ‘‘(4) LIMITATION ON EXPENDITURES.—The amount of Federal funds expended for the report under this sub- section, other than for watershed monitoring, shall not exceed $350,000. The amount of Federal funds ex- pended for watershed monitoring under this sub- section shall not exceed $175,000 for each fiscal year in which the report is prepared. ‘‘(l) RELATIONSHIP TO OTHER LAWS.—Nothing in this section exempts the pilot project from any Federal en- vironmental law. ‘‘(m) Section 106 of Public Law 108–148 [16 U.S.C. 6516] shall apply to all projects authorized by this Act [prob- ably should be this section]. Sections 104 and 105 of Public Law 108–148 [16 U.S.C. 6514, 6515] may be applied to projects authorized by this Act. ‘‘SEC. 402. SHORT TITLE. Section 401 of this title may be cited as the ‘Herger-Feinstein Quincy Library Group Forest Recovery Act’.’’ [Pub. L. 108–7, div. F, title III, § 338, Feb. 20, 2003, 117 Stat. 278, provided that: ‘‘Congress reaffirms its origi- nal intent that the Herger-Feinstein Quincy Library Group Forest Recovery Act of 1998 [Pub. L. 105–277, div. A, § 101(e) [title IV, § 401], set out above] be imple- mented, and hereby extends the expiration of the Quin- cy Library Group Act by 5 years.’’] § 2104a. Pest and Disease Revolving Loan Fund (a) Definitions In this section: (1) Authorized equipment (A) In general The term ‘‘authorized equipment’’ means any equipment necessary for the manage- ment of forest land. (B) Inclusions The term ‘‘authorized equipment’’ in- cludes— (i) cherry pickers; (ii) equipment necessary for— (I) the construction of staging and marshalling areas; (II) the planting of trees; and (III) the surveying of forest land; (iii) vehicles capable of transporting har- vested trees; (iv) wood chippers; and (v) any other appropriate equipment, as determined by the Secretary. (2) Fund The term ‘‘Fund’’ means the Pest and Dis- ease Revolving Loan Fund established by sub- section (b). (3) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Deputy Chief of the State and Private Forestry orga- nization. (b) Establishment of Fund There is established in the Treasury of the United States a revolving fund, to be known as the ‘‘Pest and Disease Revolving Loan Fund’’, consisting of such amounts as are appropriated to the Fund under subsection (f). (c) Expenditures from Fund (1) In general Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are nec- essary to provide loans under subsection (e). (2) Administrative expenses An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative ex- penses necessary to carry out this section. (d) Transfers of amounts (1) In general The amounts required to be transferred to the Fund under this section shall be trans-