2000 U.S. Code
Title 16 - CONSERVATION
CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE
Sec. 2103 - Forestry incentives program

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§2103. Forestry incentives program (a) Development and implementation; statement of purposes

The Secretary is authorized to develop and implement a forestry incentives program to encourage the development, management, and protection of nonindustrial private forest lands. The purposes of such program shall be to encourage landowners to apply practices that will provide for afforestation of suitable open lands, reforestation of cutover or other nonstocked or understocked forest lands, timber stand improvement practices, including thinning, prescribed burning, and other silvicultural treatments, and forest resources management and protection, so as to provide for the production of timber and other forest resources associated therewith.

(b) “Private forest land” defined

For the purposes of this section, the term “private forest land” means land capable of producing crops of industrial wood and owned by any private individual, group, Indian tribe or other native group, association, corporation, or other legal entity.

(c) Eligibility of landowners for cost sharing; exception; limitation on approval of cost sharing

Landowners shall be eligible for cost sharing under this program if they own one thousand acres or less of private forest land, except that the Secretary may approve cost sharing with landowners owning more than one thousand acres of such land if significant public benefits will accrue. In no case, however, may the Secretary approve cost sharing with landowners owning more than five thousand acres of private forest land.

(d) Administration

The Secretary shall administer this section in accordance with regulations the Secretary shall develop in consultation with the committee described in section 2109(c) of this title. Regulations issued under title X of the Agricultural Act of 1970, as in effect before the amendment made by section 336(d)(1) of the Federal Agriculture Improvement and Reform Act of 1996, to the extent not inconsistent with the provisions of this section, shall remain in effect until revoked or amended by regulations issued under this subsection. The regulations issued under this subsection shall include guidelines for the administration of this section at the Federal and State levels, and shall identify the measures and activities eligible for cost sharing under this section.

(e) Individual forest management plans as basis for agreements between landowners and Secretary; preparation of plans

Individual forest management plans developed by the landowner in cooperation with and approved by the State forester or equivalent State official shall be the basis for agreements between the landowner and the Secretary under this section. The Secretary shall encourage participating States to use private agencies, consultants, organizations, and firms to the extent feasible for the preparation of individual forest management plans.

(f) Cost sharing for implementation of appropriate forestry practices and measures set forth in agreement; apportionment; maximum amount

In return for the agreement by the landowner, the Secretary shall agree to share the cost of implementing those forestry practices and measures set forth in the agreement for which the Secretary determines that cost sharing is appropriate. The portion of such cost (including labor) to be shared shall be that portion that the Secretary determines is necessary and appropriate to implement the forestry practices and measures under the agreement, but not more than 75 percent of the actual costs incurred by the landowner. The maximum amount any individual may receive annually under the program authorized by this section shall be determined by the Secretary in consultation with the committee described in section 2109(c) of this title.

(g) Prerequisites for distribution of funds available for cost sharing

The Secretary shall, for the purposes of this section, distribute funds available for cost sharing among the States only after assessing the public benefit incident thereto, and after giving appropriate consideration to (1) the acreage of private commercial forest land in each State, (2) the potential productivity of such land, (3) the number of ownerships eligible for cost sharing in each State, (4) the need for reforestation, timber stand improvement, or other forestry investments on such ownerships, and (5) the enhancement of other forest resources.

(h) Use of advertising and bid procedure in determining lands to be covered by agreements; prerequisites

The Secretary may, if the Secretary determines that doing so will contribute to the effective and equitable administration of the program authorized by this section, use an advertising and bid procedure in determining the lands in any area to be covered by agreements under this section.

(i) Applicability of other Federal authorities in implementation of provisions

In implementing this section, the Secretary may use the authorities provided in sections 1001, 1002, 1003, 1004, and 1008 of the Agricultural Act of 1970, as in effect before the amendment made by section 336(d)(1) of the Federal Agriculture Improvement and Reform Act of 1996.

(j) Authorization of appropriations

There are hereby authorized to be appropriated for each of fiscal years 1996 through 2002 such sums as may be needed to implement this section, including funds necessary for technical assistance and expenses associated therewith.

(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.)

References in Text

The Agricultural Act of 1970, referred to in subsecs. (d) and (i), is Pub. L. 91–524, Nov. 30, 1970, 84 Stat. 1358, as amended. Title X of the Act (§§1001–1008, 1010) was classified generally to chapter 34 (§1501 et seq.) of this title prior to repeal by section 336(d)(1) of the Federal Agriculture Improvement and Reform Act of 1996, Pub. L. 104–127, title III, Apr. 4, 1996, 110 Stat. 1006. For complete classification of this Act to the Code see Short Title of 1970 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.

Amendments

1996—Subsecs. (d), (i). Pub. L. 104–127, §336(a)(2)(B), substituted “as in effect before the amendment made by section 336(d)(1) of the Federal Agriculture Improvement and Reform Act of 1996” for “as added by the Agriculture and Consumer Protection Act of 1973”.

Subsec. (j). Pub. L. 104–127, §373(1), substituted “for each of fiscal years 1996 through 2002” for “annually”.

Subsec. (k). Pub. L. 104–127, §373(2), struck out subsec. (k) which read as follows: “The program developed by the Secretary under this section shall terminate on December 31, 1995.”

1990—Subsecs. (d), (f). Pub. L. 101–624, §1224(1), made technical amendment to references to section 2109(c) of this title to reflect renumbering of corresponding section of original act.

Subsec. (k). Pub. L. 101–624, §1214, added subsec. (k).

Section Referred to in Other Sections

This section is referred to in sections 2103b, 2106b, 2108 of this title; title 7 section 6962; title 26 section 126.