Forest land enhancement program
Establishment
In general
The Secretary of Agriculture shall establish a forest land enhancement program—
to provide financial assistance to State foresters; and
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.
Coordination and consultation
The Secretary, acting through State foresters, shall implement the program—
in coordination with the State Forest Stewardship Coordinating Committees; and
in consultation with other Federal, State, and local natural resource management agencies, institutions of higher education, and a broad range of private sector interests.
Program objectives
In implementing the program, the Secretary shall target resources to achieve the following objectives:
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.
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.
Reducing the risks and helping restore, recover, and mitigate the damage to forests caused by fire, insects, invasive species, disease, and damaging weather.
Increasing and enhancing carbon sequestration opportunities.
Enhancing implementation of agroforestry practices.
Maintaining and enhancing the forest landbase and leverage State and local financial and technical assistance to owners that promote the same conservation and environmental values.
Preserving the aesthetic quality of nonindustrial private forest lands and providing opportunities for outdoor recreation.
State priority plan
Development
Report
Owner eligibility for assistance
Eligibility criteria
To be eligible for cost-share assistance under the program, an owner of nonindustrial private forest lands shall agree—
to develop and implement, in cooperation with a State forester, another State official, or a professional resources manager, a management plan that—
except as provided in paragraph (2) or (3), provides for the treatment of not more than 1,000 acres of nonindustrial private forest lands;
is approved by the State forester; and
addresses site specific activities and practices; and
to implement approved activities and practices in a manner consistent with the management plan for a period of not less than 10 years, unless the State forester approves a modification to the plan.
Public benefit exception
Plan development exception
Management plan
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—
identifies and describes projects and activities to be carried out by the owner to protect or enhance soil, water, air, range and aesthetic quality, recreation, timber, water, wetland, or fish and wildlife resources on the lands in a manner that is compatible with the objectives of the owner;
addresses any criteria established by the State and the applicable Committee; and
meets the other requirements of this section.
Lands covered
Approved activities
State list
Types of activities
Approved activities and practices under paragraph (1) may consist of activities and practices for the following purposes:
The establishment, management, maintenance, and restoration of forests for shelterbelts, windbreaks, aesthetic quality, and other conservation purposes.
The sustainable growth and management of forests for timber production.
The restoration, use, and enhancement of forest wetland and riparian areas.
The protection of water quality and watersheds through—
the planting of trees in riparian areas; and
the enhanced management and maintenance of native vegetation on land vital to water quality.
The management, maintenance, restoration, or development of habitat for plants, fish, and wildlife.
The control, detection, monitoring, and prevention of the spread of invasive species and pests on nonindustrial private forest lands.
The restoration of nonindustrial private forest land affected by invasive species and pests.
The conduct of other management activities, such as the reduction of hazardous fuels, that reduce the risks to forests posed by, and that restore, recover, and mitigate the damage to forests caused by, fire or any other catastrophic event, as determined by the Secretary.
The development of management plans;
The conduct of energy conservation and carbon sequestration activities.
The conduct of other activities approved by the Secretary, in consultation with the State forester and the appropriate Committees.
Reimbursement of eligible activities
In general
Rate
Maximum cost share
Aggregate payment limit
Consultation
Recapture
In general
Additional remedy
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:
The public benefits that would result from the distribution.
The total acreage of nonindustrial private forest lands in each State.
The potential productivity of those lands, as determined by the Secretary.
The number of owners eligible for cost sharing in each State.
The opportunities to enhance nontimber resources on those lands, including—
the protection of riparian buffers and forest wetland;
the preservation of fish and wildlife habitat;
the enhancement of soil, air, and water quality; and
the preservation of aesthetic quality and opportunities for outdoor recreation.
The anticipated demand for timber and nontimber resources in each State.
The need to improve forest health to minimize the damaging effects of catastrophic fire, insects, disease, or weather.
The need and demand for agroforestry practices in each State.
The need to maintain and enhance the forest landbase.
The need for afforestation, reforestation, and timber stand improvement.
Availability of funds
Definitions
In this section:
Nonindustrial private forest lands
The term “nonindustrial private forest lands” means rural lands, as determined by the Secretary, that—
have existing tree cover or are suitable for growing trees; and
are owned by any nonindustrial private individual, group, association, corporation, Indian tribe, or other private legal entity so long as the individual, group, association, corporation, tribe, or entity has definitive decision-making authority over the lands.
Committee
Owner
Program
Secretary
State forester
Source
(Pub. L. 95–313, § 4, as added Pub. L. 107–171, title VIII, § 8002(b),Notes
Prior Provisions
Use of Remaining Funds
Purposes of Forest Land Enhancement Program
to strengthen the commitment of the Secretary of Agriculture to sustainable forest management to enhance the productivity of timber, fish and wildlife habitat, soil and water quality, wetland, recreational resources, and aesthetic values of forest land; and
to establish a coordinated and cooperative Federal, State, and local sustainable forestry program for the establishment, management, maintenance, enhancement, and restoration of forests on nonindustrial private forest land.”