Subtitle A—Cooperative Forestry Assistance
Act of 1978
(a) REPEAL.—The Cooperative Forestry Assistance Act of 1978 is
amended by striking section 4 (16 U.S.C. 2103) and section 6 (16
(b) USE OF REMAINING FUNDS.—Notwithstanding the amendment
made by subsection (a), the Secretary of Agriculture may use
funds appropriated for fiscal year 2002 for the forestry incentives
program or the stewardship incentive program, but not expended before
the date of enactment of this Act, to carry out sections 4 and
6 of the Cooperative Forestry Assistance Act of 1978, as in effect on
the date before the date of enactment of this Act.
May 1, 2002
SEC. 8002. ESTABLISHMENT OF FOREST LAND ENHANCEMENT PROGRAM.
(a) PURPOSES.—The purposes of this section are—
(1) 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
(2) 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.
(b) FOREST LAND ENHANCEMENT PROGRAM.—The Cooperative
Forestry Assistance Act of 1978 is amended by inserting after section
3 (16 U.S.C. 2102) the following:
‘‘SEC. 4. FOREST LAND ENHANCEMENT PROGRAM.
‘‘(1) IN GENERAL.—The Secretary of Agriculture shall establish
a forest land enhancement program—
‘‘(A) to provide financial assistance to State foresters;
‘‘(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.
‘‘(2) COORDINATION AND CONSULTATION.—The Secretary,
acting through State foresters, shall implement the program—
‘‘(A) in coordination with the State Forest Stewardship
Coordinating Committees; and
‘‘(B) in consultation with other Federal, State, and
local natural resource management agencies, institutions of
higher education, and a broad range of private sector interests.
‘‘(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.
May 1, 2002
‘‘(4) Increasing and enhancing carbon sequestration opportunities.
‘‘(5) Enhancing implementation of agroforestry practices.
‘‘(6) Maintaining and enhancing the forest landbase and leverage
State and local financial and technical assistance to
owners that promote the same conservation and environmental
‘‘(7) Preserving the aesthetic quality of nonindustrial private
forest lands and providing opportunities for outdoor recreation.
‘‘(c) STATE PRIORITY PLAN.—
‘‘(1) DEVELOPMENT.—The State Forester and State Forest
Stewardship Coordinating Committee of a State shall jointly
develop and submit to the Secretary a State priority plan that
is intended to promote forest management objectives in that
‘‘(2) REPORT.—Not later than September 30, 2006, each
State that implemented a State priority plan shall submit to the
Secretary a report describing the status of all activities and
practices funded under the program as of that date.
‘‘(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—
‘‘(A) to develop and implement, in cooperation with a
State forester, another State official, or a professional resources
manager, a management plan that—
‘‘(i) except as provided in paragraph (2) or (3), provides
for the treatment of not more than 1,000 acres of
nonindustrial private forest lands;
‘‘(ii) is approved by the State forester; and
‘‘(iii) addresses site specific activities and practices;
‘‘(B) 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.
‘‘(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) 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
May 1, 2002
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—
‘‘(A) 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
‘‘(B) addresses any criteria established by the State and
the applicable Committee; and
‘‘(C) meets the other requirements of this section.
‘‘(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
‘‘(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.
‘‘(B) The sustainable growth and management of forests
for timber production.
‘‘(C) The restoration, use, and enhancement of forest
wetland and riparian areas.
‘‘(D) The protection of water quality and watersheds
‘‘(i) the planting of trees in riparian areas; and
‘‘(ii) the enhanced management and maintenance
of native vegetation on land vital to water quality.
‘‘(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) The restoration of nonindustrial private forest
land affected by invasive species and pests.
May 1, 2002
‘‘(H) 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.
‘‘(I) The development of management plans;
‘‘(J) The conduct of energy conservation and carbon sequestration
‘‘(K) The conduct of other activities approved by the
Secretary, in consultation with the State forester and the
‘‘(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
‘‘(4) AGGREGATE PAYMENT LIMIT.—The Secretary shall determine
the maximum aggregate amount of cost-share payments
that an owner may receive under the program.
‘‘(5) CONSULTATION.—The Secretary shall make determinations
under this subsection in consultation with the State forester.
‘‘(1) IN GENERAL.—The Secretary shall establish and implement
a mechanism to recapture payments made to an owner in
the event that the owner fails to implement an approved activity
or practice specified in the management plan for which the
owner received cost-share payments.
‘‘(2) ADDITIONAL REMEDY.—The remedy provided in paragraph
(1) is in addition to any other remedy available to the
‘‘(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:
‘‘(1) The public benefits that would result from the distribution.
‘‘(2) The total acreage of nonindustrial private forest lands
in each State.
‘‘(3) The potential productivity of those lands, as determined
by the Secretary.
‘‘(4) The number of owners eligible for cost sharing in each
‘‘(5) The opportunities to enhance nontimber resources on
those lands, including—
May 1, 2002
‘‘(A) the protection of riparian buffers and forest wetland;
‘‘(B) the preservation of fish and wildlife habitat;
‘‘(C) the enhancement of soil, air, and water quality;
‘‘(D) the preservation of aesthetic quality and opportunities
for outdoor recreation.
‘‘(6) The anticipated demand for timber and nontimber resources
in each State.
‘‘(7) The need to improve forest health to minimize the damaging
effects of catastrophic fire, insects, disease, or weather.
‘‘(8) The need and demand for agroforestry practices in
‘‘(9) The need to maintain and enhance the forest landbase.
‘‘(10) The need for afforestation, reforestation, and timber
‘‘(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 the date of enactment
of the Farm Security and Rural Investment Act of 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—
‘‘(A) have existing tree cover or are suitable for growing
‘‘(B) 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.
‘‘(2) COMMITTEE.—The terms ‘State Forest Stewardship Coordinating
Committee’ and ‘Committee’ means a State Forest
Stewardship Coordinating Committee established under section
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
‘‘(4) OWNER.—The term ‘owner’ means an owner of nonindustrial
private forest land.
‘‘(5) PROGRAM.—The term ‘program’ means the forest land
enhancement program established by this section.
‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
‘‘(7) STATE FORESTER.—The term ‘State forester’ means the
director or other head of a State Forestry Agency or equivalent
(c) CONFORMING AMENDMENT.—Section 246(b)(2) of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C.
6962(b)(2)) is amended by striking ‘‘forestry incentive program’’ and
inserting ‘‘forest land enhancement program’’.
May 1, 2002