2001 U.S. Code
Title 16 - CONSERVATION
CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE
Sec. 2103b - Stewardship Incentive Program

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§2103b. Stewardship Incentive Program (a) Establishment

The Secretary, in consultation with State foresters or equivalent State officials, shall establish a program within the Forest Service, to be known as the “Stewardship Incentive Program” (hereafter referred to in this section as the “Program”), to meet the objectives and goals of section 2103a of this title.

(b) Eligibility (1) In general

Owners of nonindustrial private forest lands shall be eligible for cost-sharing assistance under the Program if such owners—

(A) have developed an approved forest stewardship plan pursuant to section 2103a(f) of this title;

(B) agree to implement approved activities pursuant to paragraph (4) in accordance with the plan for a period of not less than 10 years unless the State forester or equivalent State official approves a modification to such plan; and

(C) own not more than 1,000 acres of nonindustrial private forest land, except that the Secretary may approve the provision of cost-sharing assistance to landowners that own more than 1,000 acres of such land if the Secretary determines that significant public benefits will accrue from such approval.

(2) Limitation (A) Secretary

The Secretary shall not approve of the provision of cost-sharing assistance to any landowner owning in excess of 5,000 acres of nonindustrial private forest land.

(B) Landowner

A landowner shall not receive cost-share assistance for management on acreage under this section if such landowner receives cost-share assistance on the same acreage under section 2103 of this title.

(3) State priorities

The Secretary in consultation with the State forester, or equivalent State official, other State natural resource management agencies, and the State Coordinating Committee established pursuant to section 2113(b) of this title, may develop State priorities for cost sharing under this section that will promote unique forest management objectives in that State.

(4) Approved activities (A) Development

The Secretary, in consultation with the State Coordinating Committees established pursuant to section 2113(b) of this title, shall develop a list of approved forest activities and practices that will be eligible for cost-share assistance under the Program within each State.

(B) Type of activities

The Secretary, in developing a list of approved activities and practices under subparagraph (A), shall attempt to achieve landowner and public purposes including—

(i) the establishment, management, maintenance, and restoration of forests for shelterbelts, windbreaks, aesthetic quality, and other conservation purposes;

(ii) the sustainable growth and management of forests for timber production;

(iii) the protection, restoration, and use of forest wetlands;

(iv) the enhanced management and maintenance of native vegetation on other lands vital to water quality;

(v) the growth and management of trees for energy conservation purposes;

(vi) the management and maintenance of fish and wildlife habitat;

(vii) the management of outdoor recreational opportunities; and

(viii) other activities approved by the Secretary.

(c) Reimbursement of eligible activities (1) In general

The Secretary shall share the cost of developing and carrying out the forest stewardship plan under section 2103a(f) of this title, and in implementing the approved activities that the Secretary determines are appropriate and in the public interest, with a landowner who has entered in an agreement to place the forest land of such owner into the Program.

(2) Rate

The Secretary, in consultation with the State forester, or equivalent State official, shall determine the appropriate reimbursement rate for cost-share payments under paragraph (1) and the schedule for making such payments.

(3) Maximum

The Secretary shall not make cost-share payments under this subsection to a landowner in an amount in excess of 75 percent of the total cost to such landowner of developing the forest stewardship plan and implementing eligible activities under the plan. The maximum payments to any one landowner shall be determined by the Secretary.

(d) Recapture (1) In general

The Secretary shall establish and implement a mechanism to recapture payments made to a landowner in the event that the landowner fails to implement any approved activity specified in the forest stewardship plan for which such owner received cost-share payments.

(2) Additional provision

The provisions of paragraph (1) are in addition to any other provision available.

(e) Distribution

The Secretary shall distribute funds available for cost sharing under this section among the States only after assessing the public benefit incident to such distribution and after giving appropriate consideration to—

(1) the total acreage of nonindustrial private forest land in each State;

(2) the potential productivity of such land;

(3) the number of owners eligible for cost sharing in each State;

(4) the need for reforestation in each State;

(5) the opportunities to enhance nontimber resources on such forest lands; and

(6) the anticipated demand for timber and nontimber resources in each State.

(f) Authorization of appropriations

There are authorized to be appropriated 0,000,000 for each of the fiscal years 1991 through 1995, and such sums as may be necessary thereafter, to carry out this section.

(Pub. L. 95–313, §6, as added Pub. L. 101–624, title XII, §1216, Nov. 28, 1990, 104 Stat. 3526.)

Prior Provisions

A prior section 6 of Pub. L. 95–313 was renumbered section 9 and is classified to section 2105 of this title.

Section Referred to in Other Sections

This section is referred to in section 2106b of this title.