§ 2103c. — Forest Legacy Program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2103c]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2103c. Forest Legacy Program
(a) Establishment and purpose
The Secretary shall establish a program, to be known as the Forest
Legacy Program, in cooperation with appropriate State, regional, and
other units of government for the purposes of ascertaining and
protecting environmentally important forest areas that are threatened by
conversion to nonforest uses and, through the use of conservation
easements and other mechanisms, for promoting forest land protection and
other conservation opportunities. Such purposes shall also include the
protection of important scenic, cultural, fish, wildlife, and
recreational resources, riparian areas, and other ecological values.
(b) State and regional forest legacy programs
The Secretary shall exercise the authority under subsection (a) of
this section in conjunction with State or regional programs that the
Secretary deems consistent with this section.
(c) Interests in land
In addition to the authorities granted under section 515 of this
title and section 428a(a) of title 7, the Secretary may acquire from
willing landowners lands and interests therein, including conservation
easements and rights of public access, for Forest Legacy Program
purposes. The Secretary shall not acquire conservation easements with
title held in common ownership with any other entity.
(d) Implementation
(1) In general
Lands and interests therein acquired under subsection (c) of
this section may be held in perpetuity for program and easement
administration purposes as the Secretary may provide. In
administering lands and interests therein under the program, the
Secretary shall identify the environmental values to be protected by
entry of the lands into the program, management activities which are
planned and the manner in which they may affect the values
identified, and obtain from the landowner other information
determined appropriate for administration and management purposes.
(2) Initial programs
Not later than November 28, 1991, the Secretary shall establish
a regional program in furtherance of the Northern Forest Lands Study
in the States of New York, New Hampshire, Vermont, and Maine under
Public Law 100-446. The Secretary shall establish additional
programs in each of the Northeast, Midwest, South, and Western
regions of the United States, and the Pacific Northwest (including
the State of Washington), on the preparation of an assessment of the
need for such programs.
(e) Eligibility
Not later than November 28, 1991, and in consultation with State
Forest Stewardship Coordinating Committees established under section
2113(b) of this title and similar regional organizations, the Secretary
shall establish eligibility criteria for the designation of forest areas
from which lands may be entered into the Forest Legacy Program and
subsequently select such appropriate areas. To be eligible, such areas
shall have significant environmental values or shall be threatened by
present or future conversion to nonforest uses. Of land proposed to be
included in the Forest Legacy Program, the Secretary shall give priority
to lands which can be effectively protected and managed, and which have
important scenic or recreational values; riparian areas; fish and
wildlife values, including threatened and endangered species; or other
ecological values.
(f) Application
For areas included in the Forest Legacy Program, an owner of lands
or interests in lands who wishes to participate may prepare and submit
an application at such time in such form and containing such information
as the Secretary may prescribe. The Secretary shall give reasonable
advance notice for the submission of all applications to the State
forester, equivalent State official, or other appropriate State or
regional natural resource management agency. If applications exceed the
ability of the Secretary to fund them, priority shall be given to those
forest areas having the greatest need for protection pursuant to the
criteria described in subsection (e) of this section.
(g) State consent
Where a State has not approved the acquisition of land under section
515 of this title, the Secretary shall not acquire lands or interests
therein under authority granted by this section outside an area of that
State designated as a part of a program established under subsection (b)
of this section.
(h) Forest management activities
(1) In general
Conservation easements or deed reservations acquired or reserved
pursuant to this section may allow forest management activities,
including timber management, on areas entered in the Forest Legacy
Program insofar as the Secretary deems such activities consistent
with the purposes of this section.
(2) Assignment of responsibilities
For Forest Legacy Program areas, the Secretary may delegate or
assign management and enforcement responsibilities over federally
owned lands and interests in lands only to another governmental
entity.
(i) Duties of owners
Under the terms of a conservation easement or other property
interest acquired under subsection (b) \1\ of this section, the
landowner shall be required to manage property in a manner that is
consistent with the purposes for which the land was entered in the
Forest Legacy Program and shall not convert such property to other uses.
Hunting, fishing, hiking, and similar recreational uses shall not be
considered inconsistent with the purposes of this program.
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\1\ So in original. Probably should be subsection ``(c)''.
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(j) Compensation and cost sharing
(1) Compensation
The Secretary shall pay the fair market value of any property
interest acquired under this section. Payments under this section
shall be in accordance with Federal appraisal and acquisition
standards and procedures.
(2) Cost sharing
In accordance with terms and conditions that the Secretary shall
prescribe, costs for the acquisition of lands or interests therein
or project costs shall be shared among participating entities
including regional organizations, State and other governmental
units, landowners, corporations, or private organizations. Such
costs may include, but are not limited to, those associated with
planning, administration, property acquisition, and property
management. To the extent practicable, the Federal share of total
program costs shall not exceed 75 percent, including any in-kind
contribution.
(k) Easements
(1) Reserved interest deeds
As used in this section, the term ``conservation easement''
includes an easement utilizing a reserved interest deed where the
grantee acquires all rights, title, and interests in a property,
except those rights, title, and interests that may run with the land
that are expressly reserved by a grantor.
(2) Prohibitions on limitations
Notwithstanding any provision of State law, no conservation
easement held by the United States or its successors or assigns
under this section shall be limited in duration or scope or be
defeasible by--
(A) the conservation easement being in gross or appurtenant;
(B) the management of the conservation easement having been
delegated or assigned to a non-Federal entity;
(C) any requirement under State law for re-recordation or
renewal of the easement; or
(D) any future disestablishment of a Forest Legacy Program
area or other Federal project for which the conservation
easement was originally acquired.
(3) Construction
Notwithstanding any provision of State law, conservation
easements shall be construed to effect the Federal purposes for
which they were acquired and, in interpreting their terms, there
shall be no presumption favoring the conservation easement holder or
fee owner.
(l) Optional State grants
(1) In general
The Secretary shall, at the request of a participating State,
provide a grant to the State to carry out the Forest Legacy Program
in the State.
(2) Administration
If a State elects to receive a grant under this subsection--
(A) the Secretary shall use a portion of the funds made
available under subsection (m) of this section, as determined by
the Secretary, to provide a grant to the State; and
(B) the State shall use the grant to carry out the Forest
Legacy Program in the State, including the acquisition by the
State of lands and interests in lands.
(m) Appropriation
There are authorized to be appropriated such sums as may be
necessary to carry out this section.
(Pub. L. 95-313, Sec. 7, as added Pub. L. 101-624, title XII, Sec. 1217,
Nov. 28, 1990, 104 Stat. 3528; amended Pub. L. 102-237, title X,
Sec. 1018(a)(2), Dec. 13, 1991, 105 Stat. 1905; Pub. L. 104-127, title
III, Sec. 374, Apr. 4, 1996, 110 Stat. 1015.)
References in Text
Public Law 100-446, referred to in subsec. (d)(2), is Pub. L. 100-
446, Sept. 27, 1988, 102 Stat. 1774. Provisions of the Act relating to
functions of the Secretary of Agriculture in connection with forest
lands are not classified to the Code. For complete classification of
this Act to the Code, see Tables.
Prior Provisions
A prior section 7 of Pub. L. 95-313 was renumbered section 10 and is
classified to section 2106 of this title.
Amendments
1996--Subsecs. (l), (m). Pub. L. 104-127 added subsec. (l) and
redesignated former subsec. (l) as (m).
1991--Subsec. (d)(2). Pub. L. 102-237, Sec. 1018(a)(2)(A),
substituted ``November 28, 1991'' for ``1 year after November 28,
1990''.
Subsec. (e). Pub. L. 102-237, Sec. 1018(a)(2)(B), substituted ``Not
later than November 28, 1991, and in consultation with State Forest
Stewardship Coordinating Committees established under section 2113(b)''
for ``Within 1 year from November 28, 1990, and in consultation with
State Forest Stewardship Advisory Committees established under section
15(b)''.
Subsec. (f). Pub. L. 102-237, Sec. 1018(a)(2)(C), substituted
``subsection (e)'' for ``subsection (d)''.
Section Referred to in Other Sections
This section is referred to in sections 2106b, 2113 of this title.
