PRIA, Government Policy, Made Personal

Summary

Create the Forest Legacy Program to find and protect important forest lands that are at risk of being turned into nonforest uses. The Secretary must work with States and regions to use tools like conservation easements and public-access rights to protect scenic, cultural, fish and wildlife, recreational, riparian, and other ecological values. The Secretary may buy land or interests from willing owners, but may not buy easements when the title is in common ownership with another party. Lands can be kept forever for the program, and the Secretary must record the values to be protected and the planned management actions. By November 28, 1991 the Secretary had to start programs for the Northern Forest (New York, New Hampshire, Vermont, Maine) and create other regional programs after doing assessments. The Secretary must set eligibility rules (by that same date) and give priority to areas with the greatest need and important natural or recreational values. Landowners can apply to join, and the Secretary will give notice to State officials. If funds are limited, highest-need areas get priority. Owners with easements must manage land to meet program goals and not convert it to other uses; hunting, fishing, hiking, and similar recreation are allowed. The Secretary must pay fair market value for bought interests and follow federal appraisal rules. Costs can be shared with States, local groups, landowners, and private organizations, and the Federal share should not exceed 75 percent when practicable. Conservation easements include reserved-interest deeds and, regardless of State law, cannot be limited in duration or defeated for listed reasons and must be read to achieve the Federal purposes. At a State’s request, the Secretary may give a grant from available funds to run the program in that State. Congress may appropriate whatever sums are necessary to carry out the program.

Title 16, §2103c

Conservation, Source: USLM XML via OLRC

(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) in conjunction with State or regional programs that the Secretary deems consistent with this section.

(c)Interests in land (d) Implementation

In addition to the authorities granted under section 515 of this title and section 2268a(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.

(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).

(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).

(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), 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.

(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)

(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.

(3)Transfer of Forest Legacy Program land—

(A)In general

Subject to any terms and conditions that the Secretary may require (including the requirements described in subparagraph (B)), the Secretary may, at the request of the State of Vermont, convey to the State, by quitclaim deed, without consideration, any land or interest in land acquired in the State under the Forest Legacy Program.

(B)Requirements

In conveying land or an interest in land under subparagraph (A), the Secretary may require that—

(i)the deed conveying the land or interest in land include requirements for the management of the land in a manner that—

(I)conserves the land or interest in land; and

(II)is consistent with any other Forest Legacy Program purposes for which the land or interest in land was acquired;

(ii)if the land or interest in land is subsequently sold, exchanged, or otherwise disposed of by the State of Vermont, the State shall—

(I)reimburse the Secretary in an amount that is based on the current market value of the land or interest in land in proportion to the amount of consideration paid by the United States for the land or interest in land; or

(II)convey to the Secretary land or an interest in land that is equal in value to the land or interest in land conveyed.

(C)Disposition of funds

Amounts received by the Secretary under subparagraph (B)(ii) shall be credited to the Wildland Fire Management account, to remain available until expended.

(m)Appropriation

There are authorized to be appropriated such sums as may be necessary to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

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

2003—Subsec. (l)(3). Pub. L. 108–108 added par. (3). 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, § 1018(a)(2)(A), substituted “

November 28, 1991” for “1 year after

November 28, 1990”. Subsec. (e). Pub. L. 102–237, § 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, § 1018(a)(2)(C), substituted “subsection (e)” for “subsection (d)”.

§2103c Forest Legacy Program