§ 2103a. Forest Stewardship Program

Statutory text

Establishment

The Secretary, in consultation with State foresters or equivalent State officials, shall establish a Forest Stewardship Program (hereafter referred to in this section as the “Program”) to encourage the long-term stewardship of nonindustrial private forest lands by assisting owners of such lands to more actively manage their forest and related resources by utilizing existing State, Federal, and private sector resource management expertise and assistance programs.

Goal

The goal of the Program shall be to enter at least 25,000,000 acres of nonindustrial private forest lands in the Program by December 31, 1995.

“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.

Implementation

In carrying out the Program the Secretary, in consultation with State foresters or equivalent State officials, shall provide financial, technical, educational, and related assistance to State foresters or equivalent State officials, including assistance to help such State foresters or equivalent officials to provide financial assistance to other State and local natural resource entities, both public and private, and land-grant universities for the delivery of information and professional assistance to owners of nonindustrial private forest lands. Such information and assistance shall be directed to help such owners understand and evaluate alternative actions they might take, including—

managing and enhancing the productivity of timber, fish and wildlife habitat, water quality, wetlands, recreational resources, and the aesthetic value of forest lands;

investing in practices to protect, maintain, and enhance the resources identified in paragraph (1);

ensuring that afforestation, reforestation, improvement of poorly stocked stands, timber stand improvement, practices necessary to improve seedling growth and survival, and growth enhancement practices occur where needed to enhance and sustain the long-term productivity of timber and nontimber forest resources to help meet future public demand for all forest resources and provide the environmental benefits that result; and

protecting their forests from damage caused by fire, insects, disease, and damaging weather.

Eligibility

All nonindustrial private forest lands that are not in management under Federal, State, or private sector financial and technical assistance programs existing on November 28, 1990, are eligible for assistance under the Program. Nonindustrial private forest lands that are managed under such existing programs are eligible for assistance under the Program if forest management activities are expanded and enhanced and the landowner agrees to meet the requirements of this chapter.

Duties of owners

To enter forest land into the Program, landowners shall—

prepare and submit to the State forester or equivalent State official a forest stewardship plan that meets the requirements of this section and that—

is prepared by a professional resource manager;

identifies and describes actions to be taken by the landowner to protect soil, water, range, aesthetic quality, recreation, timber, water, and fish and wildlife resources on such land in a manner that is compatible with the objectives of the landowner; and

is approved by the State forester, or equivalent State official; and

agree that all activities conducted on such land shall be consistent with the stewardship plan.

Stewardship recognition

The Secretary, in consultation with State foresters or equivalent State officials, is encouraged to develop an appropriate recognition program for landowners who practice stewardship management on their lands, with an appropriate, special recognition symbol and title.

Authorization of appropriations

There are hereby authorized to be appropriated $25,000,000 for each of the fiscal years 1991 through 1995, and such sums as may be necessary thereafter, to carry out this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1990
Cooperative Forestry Assistance Act of 1978
Pub. L. 95–313 § 5 · 92 Stat. 365
Enacted · 16 U.S.C. § 2103a
Pub. L. 95–313, § 5, as added Pub. L. 101–624, title XII, § 1215(2), Nov. 28, 1990, 104 Stat. 3525
Source evidence
Code source credit
Pub. L. 95–313, § 5, as added Pub. L. 101–624, title XII, § 1215(2), Nov. 28, 1990, 104 Stat. 3525
Enacted provision · exact public law section
Sec. 5. insect and disease control (a) The Secretary is authorized to protect from insects and diseases trees and forests and wood products, stored wood, and wood in use directly on the National Forest System and in cooperation with others on other lands in the United States, in order to— (1) enhance the growth and maintenance of trees and forests: (2) promote the stability of forest-related industries and employment associated therewith through protection of forest resources; (3) aid in forest fire prevention and control; (4) conserve forest cover on watersheds; (5) protect outdoor recreation opportunities and other forest resources; and (6) extend timber supplies by protecting wood products, stored wood, and wood in use. (b) Subject, to the provisions of subsections (c), (d), and (e) of this section and subject to whatever other conditions the Secretary may prescribe, the Secretary is authorized, directly on the National Forest System, and in cooperation with other Federal departments on other Federal lands, and in cooperation with State foresters or equivalent State officials, subdivisions of States, agencies, institutions, organizations, or individuals on non-Federal lands, to— (1) conduct surveys to detect and appraise insect infestations and disease conditions affecting trees; (2) determine the biological, chemical, and mechanical measures necessary to prevent, retard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease conditions affecting trees; (3) plan, organize, direct, and perform measures the Secretary determines necessary to prevent, retard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease epidemics affecting trees; (4) provide technical information, advice, and related assistance in managing and coordinating the use of pesticides and other toxic substances applied to trees and other vegetation, and to wood products, stored wood, and wood in use; and (5) take any other actions the Secretary deems necessary to accomplish the objectives and purposes of this section. (c) Operations planned to prevent, retard, control, or suppress insects or diseases affecting forests and trees on land not controlled or administered by the Secretary shall not be conducted without the consent, cooperation, and participation of the entity having ownership of or jurisdiction over the affected land. (d) No money appropriated to implement this section shall be expended to prevent, retard, control, or suppress insects or diseases affecting trees on non-Federal land until the entity having ownership of or jurisdiction over the affected land contributes, or agrees to con-tribute, to the work to be done in the amount and in the manner determined by the Secretary. (e) The Secretary may, in the Secretary’s discretition and out of any money appropriated to implement this section, make allocations to Federal agencies having jurisdiction over lands held or owned by the United States in the amounts the Secretary deems necessary to prevent, retard, control, or suppress insect infestations and disease epidemics affecting trees on those lands. (f) Any money appropriated to implement this section shall be available for necessary expenses. However, no money appropriated to implement this section shall be used to (1) pay the cost of felling and removing dead or dying trees unless the Secretary determines that such actions are necessary to prevent the spread of a major insect infestation or disease epidemic severely affecting trees, or (2) compensate for the value of any property injured, damaged, or destroyed by any, cause. The Secretary may procure materials and equipment necessary to prevent, retard, control, or suppress insects and diseases affecting trees without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), under whatever procedures the Secretary may prescribe, whenever the Secretary deems such action necessary and in the public interest. (g) There are hereby authorized to be appropriated annually such Appropriation authorization. sums as may be needed to implement this section.
1991
Pub. L. 102–237 title X § 1018(a)(1) · 105 Stat. 1818
Substituted · 16 U.S.C. § 2103a(d)
Pub. L. 102–237 substituted “State foresters” for “State Foresters” wherever appearing in introductory provisions
Source evidence
Code amendment note
Subsec. (d). Pub. L. 102–237 substituted “State foresters” for “State Foresters” wherever appearing in introductory provisions.
Enacted provision · exact public law section
(1) in section 5(d) (16 U.S.C. 2103a(d)), by striking “State Foresters” each place it appears and inserting “State foresters”;

2 of 2 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 5 of Pub. L. 95–313 was renumbered section 8 and is classified to section 2104 of this title.

Amendments

1991—Subsec. (d). Pub. L. 102–237 substituted “State foresters” for “State Foresters” wherever appearing in introductory provisions.

Credits

1990–1991 · 2 acts

1990Pub. L. 95–313, § 5, as added Pub. L. 101–624, title XII, § 1215(2), Nov. 28, 1990, 104 Stat. 3525
1991amended Pub. L. 102–237, title X, § 1018(a)(1), Dec. 13, 1991, 105 Stat. 1905.

Show as published

(Pub. L. 95–313, § 5, as added Pub. L. 101–624, title XII, § 1215(2), Nov. 28, 1990, 104 Stat. 3525; amended Pub. L. 102–237, title X, § 1018(a)(1), Dec. 13, 1991, 105 Stat. 1905.)