
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: 16USC2103b]

 
                         TITLE 16--CONSERVATION
 
               CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
 
Sec. 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 $100,000,000 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, Sec. 6, as added Pub. L. 101-624, title XII, Sec. 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.
