
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC2103]

 
                         TITLE 16--CONSERVATION
 
               CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
 
Sec. 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, Sec. 4, July 1, 1978, 92 Stat. 367; Pub. L. 101-624, 
title XII, Secs. 1214, 1224(1), Nov. 28, 1990, 104 Stat. 3525, 3542; 
Pub. L. 104-127, title III, Secs. 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 (Secs. 1001-1008, 1010) was classified generally to chapter 34 
(Sec. 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, Sec. 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, Sec. 373(1), substituted ``for each of 
fiscal years 1996 through 2002'' for ``annually''.
    Subsec. (k). Pub. L. 104-127, Sec. 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, Sec. 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, Sec. 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.
