16 U.S.C. § 2102 — Rural forestry assistance

Page 2147 TITLE 16—CONSERVATION § 2102 (2) Additional funding sources In addition to the funds appropriated for a fiscal year pursuant to the authorization of appropriations in paragraph (1) to carry out this section, the Secretary may use any other funds made available for planning under this chapter to carry out this section, except that the total amount of combined funding used to carry out this section may not exceed $10,000,000 in any fiscal year. (g) Annual report on use of funds The State forester or equivalent State official shall submit to the Secretary an annual report detailing how funds made available to the State under this chapter are being used. (Pub. L. 95–313, § 2A, as added Pub. L. 110–234, title VIII, § 8002, May 22, 2008, 122 Stat. 1280, and Pub. L. 110–246, § 4(a), title VIII, § 8002, June 18, 2008, 122 Stat. 1664, 2041; amended Pub. L. 113–79, title VIII, § 8101, Feb. 7, 2014, 128 Stat. 914; Pub. L. 115–334, title VIII, § 8101, Dec. 20, 2018, 132 Stat. 4837.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (e), (f)(2), and (g), was in the original ‘‘this Act’’, meaning Pub. L. 95–313, July 1, 1978, 92 Stat. 365, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. The date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (f)(1). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. 2014—Subsec. (c)(5), (6). Pub. L. 113–79, § 8101(1), added par. (5) and redesignated former par. (5) as (6). Subsec. (f)(1). Pub. L. 113–79, § 8101(2), substituted ‘‘2018’’ for ‘‘2012’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment 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 a note under section 8701 of Title 7, Agriculture. § 2102. Rural forestry assistance (a) Assistance to forest landowners and others The Secretary may provide financial, tech- nical, educational, and related assistance to State foresters or equivalent State officials, and State extension directors, to enable such offi- cials to provide technical information, advice, and related assistance to private forest land owners and managers, vendors, forest resource operators, forest resource professionals, public agencies, and individuals to enable such persons to carry out activities that are consistent with the purposes of this chapter, including— (1) protecting, maintaining, enhancing, re- storing, and preserving forest lands and the multiple values and uses that depend on such lands; (2) identifying, protecting, maintaining, en- hancing, and preserving wildlife and fish spe- cies, including threatened and endangered spe- cies, and their habitats; (3) implementing forest management tech- nologies; (4) selecting, producing, and marketing al- ternative forest crops, products and services from forest lands; (5) protecting forest land from damage caused by fire, insects, disease, and damaging weather; (6) managing the rural-land and urban-land interface to balance the use of forest resources in and adjacent to urban and community areas; (7) identifying and managing recreational forest land resources; (8) identifying and protecting the aesthetic character of forest lands; (9) protecting forest land from conversion to alternative uses; and (10) the management of resources of forest lands, including— (A) the harvesting, processing, and mar- keting of timber and other forest resources and the marketing and utilization of wood and wood products; (B) the conversion of wood to energy for domestic, industrial, municipal, and other uses; (C) the planning, management, and treat- ment of forest land, including site prepara- tion, reforestation, thinning, prescribed burning, and other silvicultural activities designed to increase the quantity and im- prove the quality of timber and other forest resources; (D) ensuring that forest regeneration or re- forestation occurs if needed to sustain long- term resource productivity; (E) protecting and improving forest soil fertility and the quality, quantity, and tim- ing of water yields; and (F) encouraging the investment of a por- tion of the proceeds from the sale of timber or other forest resources in stewardship ac- tivities that preserve, protect, maintain, and enhance their forest land. (b) State forestry assistance The Secretary is authorized to provide finan- cial, technical, and related assistance to State foresters, or equivalent State officials, to— (1) develop genetically improved tree seeds; (2) develop and contract for the development of field arboretums, greenhouses, and tree nurseries, in cooperation with a State, to fa- cilitate production and distribution of tree seeds and seedlings in States where the Sec- retary determines that there is an inadequate capacity to carry out present and future refor- estation needs; (3) procure, produce, and distribute tree seeds and trees for the purpose of establishing forests, windbreaks, shelterbelts, woodlots, and other plantings; 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—