§ 2103. Forest land enhancement program
(a)
Establishment
(1)
In general
The Secretary of Agriculture shall establish a forest land enhancement program—
(B)
to encourage the long-term sustainability of nonindustrial private forest lands in the United States by assisting the owners of nonindustrial private forest lands, through State foresters, in more actively managing the nonindustrial private forest lands and related resources of those owners through the use of State, Federal, and private sector resource management expertise, financial assistance, and educational programs.
(b)
Program objectives
In implementing the program, the Secretary shall target resources to achieve the following objectives:
(1)
Investing in practices to establish, restore, protect, manage, maintain, and enhance the health and productivity of the nonindustrial private forest lands in the United States for timber, habitat for flora and fauna, soil, water, and air quality, wetlands, and riparian buffers.
(2)
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 environmental benefits.
(3)
Reducing the risks and helping restore, recover, and mitigate the damage to forests caused by fire, insects, invasive species, disease, and damaging weather.
(c)
State priority plan
(d)
Owner eligibility for assistance
(1)
Eligibility criteria
To be eligible for cost-share assistance under the program, an owner of nonindustrial private forest lands shall agree—
(2)
Public benefit exception
The Secretary may increase the acreage limitation specified in paragraph (1)(A)(i) to not more than 5,000 acres for an owner of nonindustrial private forest lands if the Secretary, in consultation with the State forester, determines that significant public benefits will accrue as a result of the provision of cost-share assistance under the program for the treatment of the additional acreage.
(3)
Plan development exception
An owner may receive cost-share assistance under the program for the purpose of developing a management plan under subsection (e) of this section that provides for the treatment of acreage in excess of the acreage limitations specified in paragraphs (1)(A)(i) and (2), except that the owner’s eligibility for cost-share assistance to implement approved activities and practices under the management plan remains subject to the acreage limitation specified in paragraph (1)(A)(i) or, if the Secretary makes the determination described in paragraph (2), the acreage limitation specified in that paragraph.
(e)
Management plan
(1)
Submission and content
An owner of nonindustrial private forest lands that seeks to participate in the program shall submit to the State forester of the State in which the lands are located a management plan that—
(2)
Lands covered
At a minimum, the management plan shall apply to those portions of the nonindustrial private forest lands of the owner on which any project or activity funded under the program will be carried out. In a case in which a project or activity may affect acreage outside the portion of the land on which the project or activity is carried out, the management plan shall apply to all lands of the owner that are in forest cover and may be affected by the project or activity.
(f)
Approved activities
(1)
State list
The Secretary shall develop for each State a list of approved forest activities and practices eligible for cost-share assistance that meets the purposes of the program. The Secretary shall develop the list for a State in consultation with the State forester and the Committee for that State.
(2)
Types of activities
Approved activities and practices under paragraph (1) may consist of activities and practices for the following purposes:
(A)
The establishment, management, maintenance, and restoration of forests for shelterbelts, windbreaks, aesthetic quality, and other conservation purposes.
(E)
The management, maintenance, restoration, or development of habitat for plants, fish, and wildlife.
(F)
The control, detection, monitoring, and prevention of the spread of invasive species and pests on nonindustrial private forest lands.
(g)
Reimbursement of eligible activities
(1)
In general
In the case of an eligible owner that has an approved management plan, the Secretary shall share the cost of implementing the approved activities and practices that the Secretary determines are appropriate.
(2)
Rate
The Secretary shall determine the appropriate reimbursement rate for cost-share payments under paragraph (1) and the schedule for making those payments.
(3)
Maximum cost share
The Secretary shall not make cost-share payments under this subsection to an owner in an amount in excess of 75 percent, or a lower percentage as determined by the State forester, of the total cost to the owner to implement the approved activities and practices under the management plan.
(h)
Recapture
(i)
Distribution of cost-share funds
The Secretary, acting through the State foresters, shall distribute funds available for cost sharing under the program only after giving appropriate consideration to the following factors:
(j)
Availability of funds
The Secretary shall use $100,000,000 of funds of the Commodity Credit Corporation to carry out the Program during the period beginning on May 13, 2002, and ending on September 30, 2007.
(k)
Definitions
In this section:
(1)
Nonindustrial private forest lands
The term “nonindustrial private forest lands” means rural lands, as determined by the Secretary, that—
[1] So in original. Probably should be “mean”.