16 U.S.C. § 2103a — Forest Stewardship Program

Page 2148 TITLE 16—CONSERVATION § 2103 (4) plant tree seeds and seedlings on non- Federal forest lands that are suitable for the production of timber, recreation, and for other benefits associated with the growing of trees; (5) plan, organize, and implement measures on non-Federal forest lands, including thinning, prescribed burning, and other sil- vicultural activities designed to increase the quantity and improve the quality of trees and other vegetation, fish and wildlife habitat, and water yielded therefrom; and (6) protect or improve soil fertility on non- Federal forest lands and the quality, quantity, and timing of water yields therefrom. (c) Implementation In implementing this section, the Secretary shall cooperate with other Federal, State, and local natural resource management agencies, universities and the private sector. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 95–313, § 3, July 1, 1978, 92 Stat. 366; Pub. L. 101–624, title XII, § 1213, Nov. 28, 1990, 104 Stat. 3523.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions which set forth Congressional findings relating to rural forestry assistance, related to financial, technical, and related assistance to State foresters or equivalent State offi- cials, and authorized appropriations. § 2103. Repealed. Pub. L. 113–79, title VIII, § 8001(a), Feb. 7, 2014, 128 Stat. 913 Section, Pub. L. 95–313, § 4, as added Pub. L. 107–171, title VIII, § 8002(b), May 13, 2002, 116 Stat. 468, related to the establishment and implementation of a forest land enhancement program. A prior section 2103, Pub. L. 95–313, § 4, July 1, 1978, 92 Stat. 367; Pub. L. 101–624, title XII, §§ 1214, 1224(1), Nov. 28, 1990, 104 Stat. 3525, 3542; Pub. L. 104–127, title III, §§ 336(a)(2)(B), 373, Apr. 4, 1996, 110 Stat. 1005, 1015, re- lated to forestry incentives program, prior to repeal by Pub. L. 107–171, title VIII, § 8001(a), May 13, 2002, 116 Stat. 468. Statutory Notes and Related Subsidiaries PURPOSES OF FOREST LAND ENHANCEMENT PROGRAM Pub. L. 107–171, title VIII, § 8002(a), May 13, 2002, 116 Stat. 468, which listed purposes for the establishment of a forest land enhancement program, was repealed by Pub. L. 113–79, title VIII, § 8001(b), Feb. 7, 2014, 128 Stat. 913. § 2103a. Forest Stewardship Program (a) Establishment The Secretary, in consultation with State for- esters or equivalent State officials, shall estab- lish a Forest Stewardship Program (hereafter referred to in this section as the ‘‘Program’’) to encourage the long-term stewardship of non- industrial private forest lands by assisting own- ers of such lands to more actively manage their forest and related resources by utilizing existing State, Federal, and private sector resource man- agement expertise and assistance programs. (b) Goal The goal of the Program shall be to enter at least 25,000,000 acres of nonindustrial private for- est 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, tech- nical, educational, and related assistance to State foresters or equivalent State officials, in- cluding assistance to help such State foresters or equivalent officials to provide financial as- sistance to other State and local natural re- source entities, both public and private, and land-grant universities for the delivery of infor- mation and professional assistance to owners of nonindustrial private forest lands. Such infor- mation and assistance shall be directed to help such owners understand and evaluate alter- native actions they might take, including— (1) managing and enhancing the productivity of timber, fish and wildlife habitat, water quality, wetlands, recreational resources, and the aesthetic value of forest lands; (2) investing in practices to protect, main- tain, and enhance the resources identified in paragraph (1); (3) ensuring that afforestation, reforest- ation, improvement of poorly stocked stands, timber stand improvement, practices nec- essary to improve seedling growth and sur- vival, and growth enhancement practices occur where needed to enhance and sustain the long-term productivity of timber and non- timber forest resources to help meet future public demand for all forest resources and pro- vide the environmental benefits that result; and (4) protecting their forests from damage caused by fire, insects, disease, and damaging weather. (e) Eligibility All nonindustrial private forest lands that are not in management under Federal, State, or pri- vate sector financial and technical assistance programs existing on November 28, 1990, are eli- gible for assistance under the Program. Non- industrial private forest lands that are managed under such existing programs are eligible for as- sistance under the Program if forest manage- ment activities are expanded and enhanced and the landowner agrees to meet the requirements of this chapter. (f) Duties of owners To enter forest land into the Program, land- owners shall— (1) prepare and submit to the State forester or equivalent State official a forest steward- ship plan that meets the requirements of this section and that— 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.