16 U.S.C. § 2104 : US Code - Section 2104: Forest health protection

Search 16 U.S.C. § 2104 : US Code - Section 2104: Forest health protection

(a) In general
The Secretary may protect trees and forests and wood products,
stored wood, and wood in use directly on the National Forest System
and, in cooperation with others, on other lands in the United
States, from natural and man-made causes, to -
(1) enhance the growth and maintenance of trees and forests;
(2) promote the stability of forest-related industries and
employment associated therewith through the protection of forest
resources;
(3) aid in forest fire prevention and control;
(4) conserve forest cover on watersheds, shelterbelts, and
windbreaks;
(5) protect outdoor recreation opportunities and other forest
resources; and
(6) extend timber supplies by protecting wood products, stored
wood, and wood in use.
(b) Activities
Subject to subsections (c), (d), and (e) of this section and to
such other conditions the Secretary may prescribe, the Secretary
may, directly on the National Forest System, in cooperation with
other Federal departments on other Federal lands, and in
cooperation with State foresters, or equivalent State officials,
subdivisions of States, agencies, institutions, organizations, or
individuals on non-Federal lands -
(1) conduct surveys to detect and appraise insect infestations
and disease conditions and man-made stresses affecting trees and
establish a monitoring system throughout the forests of the
United States to determine detrimental changes or improvements
that occur over time, and report annually concerning such surveys
and monitoring;
(2) determine the biological, chemical, and mechanical measures
necessary to prevent, retard, control, or suppress incipient,
potential, threatening, or emergency insect infestations and
disease conditions affecting trees;
(3) plan, organize, direct, and perform measures the Secretary
determines necessary to prevent, retard, control, or suppress
incipient, potential, threatening, or emergency insect
infestations and disease epidemics affecting trees;
(4) provide technical information, advice, and related
assistance on the various techniques available to maintain a
healthy forest and in managing and coordinating the use of
pesticides and other toxic substances applied to trees and other
vegetation, and to wood products, stored wood, and wood in use;
(5) develop applied technology and conduct pilot tests of
research results prior to the full-scale application of such
technology in affected forests;
(6) promote the implementation of appropriate silvicultural or
management techniques that may improve or protect the health of
the forests of the United States; and
(7) take any other actions the Secretary determines necessary
to accomplish the objectives and purposes of this section.
(c) Consent of entity
Operations under this section to prevent, retard, control, or
suppress insects or diseases affecting forests and trees on land
not controlled or administered by the Secretary shall not be
conducted without the consent, cooperation, and participation of
the entity having ownership of or jurisdiction over the affected
land.
(d) Contribution by entity
No money appropriated to implement this section shall be expended
to prevent, retard, control, or suppress insects or diseases
affecting trees on non-Federal land until the entity having
ownership of or jurisdiction over the affected land contributes, or
agrees to contribute, to the work to be done in the amount and in
the manner determined appropriate by the Secretary.
(e) Allotments to other agencies
The Secretary may, in the Secretary's discretion, and out of any
money appropriated to implement this section, make allocations to
Federal agencies having jurisdiction over lands held or owned by
the United States in the amounts the Secretary determines necessary
to prevent, retard, control, or suppress insect infestations and
disease epidemics affecting trees on those lands.
(f) Limitation on use of appropriations
(1) Removing dead trees
No amounts appropriated shall be used to -
(A) pay the cost of felling and removing dead or dying trees
unless the Secretary determines that such actions are necessary
to prevent the spread of a major insect infestation or disease
epidemic severely affecting trees; or
(B) compensate for the value of any property injured,
damaged, or destroyed by any cause.
(2) Insects and diseases affecting trees
The Secretary may procure materials and equipment necessary to
prevent, retard, control, or suppress insects and diseases
affecting trees without regard to section 5 of title 41, under
whatever procedures the Secretary may prescribe, if the Secretary
determines that such action is necessary and in the public
interest.
(g) Partnerships
The Secretary, by contract or cooperative agreement, may provide
financial assistance through the Forest Service to State foresters
or equivalent State officials, and private forestry and other
organizations, to monitor forest health and protect the forest
lands of the United States. The Secretary shall require
contribution by the non-Federal entity in the amount and in the
manner determined appropriate. Such non-Federal share may be in the
form of cash, services, or equipment, as determined appropriate by
the Secretary.
(h) Authorization of appropriations
There are authorized to be appropriated annually such sums as may
be necessary to carry out subsections (a) through (g) of this
section.
(i) Integrated pest management
(1) In general
Subject to the provisions of subsections (c) and (e) of this
section, the Secretary shall, in cooperation with State foresters
or equivalent State officials, subdivisions of States, or other
entities on non-Federal lands (hereafter in this subsection
referred to as the "cooperator") -
(A) provide cost-share assistance to such cooperators who
have established an acceptable integrated pest management
strategy, as determined by the Secretary, that will prevent,
retard, control, or suppress gypsy moth, southern pine beetle,
spruce budworm infestations, or other major insect infestations
in an amount no less than 50 percent nor greater than 75
percent of the cost of implementing such strategy; and
(B) upon request, assist the cooperator in the development of
such integrated pest management strategy.
(2) Authorization of appropriations
There are hereby authorized to be appropriated annually
$10,000,000 to implement this subsection.