16 U.S.C. § 2103c : US Code - Section 2103C: Forest Legacy Program

Search 16 U.S.C. § 2103c : US Code - Section 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.
(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.
(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.