16 U.S.C. § 2103b : US Code - Section 2103B: Watershed forestry assistance program

Search 16 U.S.C. § 2103b : US Code - Section 2103B: Watershed forestry assistance program

(a) Definition of nonindustrial private forest land
In this section, the term "nonindustrial private forest land"
means rural land, as determined by the Secretary, that -
(1) has existing tree cover or that is suitable for growing
trees; and
(2) is owned by any nonindustrial private individual, group,
association, corporation, or other private legal entity, that has
definitive decisionmaking authority over the land.
(b) General authority and purpose
The Secretary, acting through the Chief of the Forest Service and
(where appropriate) through the Cooperative State Research,
Education, and Extension Service, may provide technical, financial,
and related assistance to State foresters, equivalent State
officials, or Cooperative Extension officials at land grant
colleges and universities and 1890 institutions for the purpose of
expanding State forest stewardship capacities and activities
through State forestry best-management practices and other means at
the State level to address watershed issues on non-Federal forested
land and potentially forested land.
(c) Technical assistance to protect water quality
(1) In general
The Secretary, in cooperation with State foresters or
equivalent State officials, shall engage interested members of
the public, including nonprofit organizations and local watershed
councils, to develop a program of technical assistance to protect
water quality described in paragraph (2).
(2) Purpose of program
The program under this subsection shall be designed -
(A) to build and strengthen watershed partnerships that focus
on forested landscapes at the State, regional, and local
levels;
(B) to provide State forestry best-management practices and
water quality technical assistance directly to owners of
nonindustrial private forest land;
(C) to provide technical guidance to land managers and
policymakers for water quality protection through forest
management;
(D) to complement State and local efforts to protect water
quality and provide enhanced opportunities for consultation and
cooperation among Federal and State agencies charged with
responsibility for water and watershed management; and
(E) to provide enhanced forest resource data and support for
improved implementation and monitoring of State forestry best-
management practices.
(3) Implementation
In the case of a participating State, the program of technical
assistance shall be implemented by State foresters or equivalent
State officials.
(d) Watershed forestry cost-share program
(1) In general
The Secretary shall establish a watershed forestry cost-share
program -
(A) which shall be -
(i) administered by the Forest Service; and
(ii) implemented by State foresters or equivalent State
officials in participating States; and
(B) under which funds or other support provided to
participating States shall be made available for State forestry
best-management practices programs and watershed forestry
projects.
(2) Watershed forestry projects
The State forester, an equivalent State official of a
participating State, or a Cooperative Extension official at a
land grant college or university or 1890 institution, in
coordination with the State Forest Stewardship Coordinating
Committee established under section 2113(b) of this title (or an
equivalent committee) for that State, shall make awards to
communities, nonprofit groups, and owners of nonindustrial
private forest land under the program for watershed forestry
projects described in paragraph (3).
(3) Project elements and objectives
A watershed forestry project shall accomplish critical forest
stewardship, watershed protection, and restoration needs within a
State by demonstrating the value of trees and forests to
watershed health and condition through -
(A) the use of trees as solutions to water quality problems
in urban and rural areas;
(B) community-based planning, involvement, and action through
State, local, and nonprofit partnerships;
(C) application of and dissemination of monitoring
information on forestry best-management practices relating to
watershed forestry;
(D) watershed-scale forest management activities and
conservation planning; and
(E)(i) the restoration of wetland (as defined by the States)
and stream-side forests; and
(ii) the establishment of riparian vegetative buffers.
(4) Cost-sharing
(A) Federal share
(i) Funds under this subsection
Funds provided under this subsection for a watershed
forestry project may not exceed 75 percent of the cost of the
project.
(ii) Other Federal funds
The percentage of the cost of a project described in clause
(i) that is not covered by funds made available under this
subsection may be paid using other Federal funding sources,
except that the total Federal share of the costs of the
project may not exceed 90 percent.
(B) Form
The non-Federal share of the costs of a project may be
provided in the form of cash, services, or other in-kind
contributions.
(5) Prioritization
The State Forest Stewardship Coordinating Committee for a
State, or equivalent State committee, shall prioritize watersheds
in that State to target watershed forestry projects funded under
this subsection.
(6) Watershed forester
Financial and technical assistance shall be made available to
the State Forester or equivalent State official to create a State
watershed or best-management practice forester position to -
(A) lead statewide programs; and
(B) coordinate watershed-level projects.
(e) Distribution
(1) In general
Of the funds made available for a fiscal year under subsection
(g) of this section, the Secretary shall use -
(A) at least 75 percent of the funds to carry out the cost-
share program under subsection (d) of this section; and
(B) the remainder of the funds to deliver technical
assistance, education, and planning, at the local level,
through the State Forester or equivalent State official.
(2) Special considerations
Distribution of funds by the Secretary among States under
paragraph (1) shall be made only after giving appropriate
consideration to -
(A) the acres of agricultural land, nonindustrial private
forest land, and highly erodible land in each State;
(B) the miles of riparian buffer needed;
(C) the miles of impaired stream segments and other impaired
water bodies where forestry practices can be used to restore or
protect water resources;
(D) the number of owners of nonindustrial private forest land
in each State; and
(E) water quality cost savings that can be achieved through
forest watershed management.
(f) Willing owners
(1) In general
Participation of an owner of nonindustrial private forest land
in the watershed forestry assistance program under this section
is voluntary.
(2) Written consent
The watershed forestry assistance program shall not be carried
out on nonindustrial private forest land without the written
consent of the owner of, or entity having definitive
decisionmaking over, the nonindustrial private forest land.
(g) Authorization of appropriations
There is authorized to be appropriated to carry out this section
$15,000,000 for each of fiscal years 2004 through 2008.