(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) 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 6101 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).
(i) Integrated pest management
(1) In general
Subject to the provisions of subsections (c) and (e), 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.
Codification
In subsec. (f)(2), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Prior Provisions
A prior section 8 of Pub. L. 95–313 was renumbered section 11 and is classified to section 2107 of this title.
Amendments
1990—Pub. L. 101–624 amended section generally, substituting present provisions for provisions relating to insect and disease control on Federal and non-Federal forest lands, additional protective functions and responsibilities concerning such lands, consent, cooperation, and participation of, and contribution by, entity having jurisdiction over such lands, allocations to Federal agencies having jurisdiction over such lands, availability and limitations on use of appropriated amounts, and authorization of appropriations.
Stewardship End Result Contracting Projects
Pub. L. 107–63, title III, §332, Nov. 5, 2001, 115 Stat. 471, provided in part that: "The authority to enter into stewardship and end result contracts provided to the Forest Service in accordance with [former] section 347 of title III of section 101(e) of division A of Public Law 105–277 [formerly set out as a note below] is hereby expanded to authorize the Forest Service to enter into an additional 28 contracts subject to the same terms and conditions as provided in that section: Provided, That of the additional contracts authorized by this section at least 9 shall be allocated to Region 1 and at least 3 to Region 6."
Similar provisions were contained in Pub. L. 106–291, title III, §338, Oct. 11, 2000, 114 Stat. 998, as amended by Pub. L. 107–20, title II, §2604, July 24, 2001, 115 Stat. 178.
Pub. L. 105–277, div. A, §101(e) [title III, §347], Oct. 21, 1998, 112 Stat. 2681–231, 2681-298, as amended by Pub. L. 106–113, div. B, §1000(a)(3) [title III, §341], Nov. 29, 1999, 113 Stat. 1535, 1501A-201; Pub. L. 107–63, title III, §332, Nov. 5, 2001, 115 Stat. 471; Pub. L. 108–7, div. F, title III, §323, Feb. 20, 2003, 117 Stat. 275; Pub. L. 113–76, div. G, title IV, §434, Jan. 17, 2014, 128 Stat. 346, which authorized the Forest Service and the Bureau of Land Management, until Sept. 30, 2014, to enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve certain land management goals, was repealed by Pub. L. 113–79, title VIII, §8205(b), Feb. 7, 2014, 128 Stat. 921. See section 6591c of this title.
Herger-Feinstein Quincy Library Group Forest Recovery
Pub. L. 105–277, div. A, §101(e) [title IV], Oct. 21, 1998, 112 Stat. 2681–231, 2681-305, as amended by Pub. L. 107–171, title VI, §6201(d)(5), May 13, 2002, 116 Stat. 419; Pub. L. 110–161, div. F, title IV, §434, Dec. 26, 2007, 121 Stat. 2153; Pub. L. 111–8, div. E, title IV, §428, Mar. 11, 2009, 123 Stat. 749, provided that:
"
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"(A)
"(B)
"(C)
"(3)
"(4)
"(d)
"(1)
"(2)
"(A)
"(B)
"(3)
"(4)
"(e)
"(f)
"(1)
"(A) those funds specifically provided to the Forest Service by the Secretary to implement resource management activities according to the Quincy Library Group-Community Stability Proposal; and
"(B) year-end excess funds that are allocated for the administration and management of Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest.
"(2)
"(3)
"(4)
"(5)
"(A) not more than 12 percent is used or allocated for general administration or other overhead; and
"(B) at least 88 percent is used to implement and carry out activities required by this section.
"(6)
"(7)
"(g)
"(h)
"(2)
"[(i)] By June 1, 2008, the Forest Service shall initiate a collaborative process with the Plaintiffs in Sierra Nevada Forest Prot. Campaign v. Rey, Case No. CIV–S–05–0205 MCE/GGH (E.D. Cal.), appeal docketed sub nom. Sierra Forest Legacy v. Rey, No. 07–16892 (9th Cir. Oct. 23, 2007) and the Quincy Library Group to determine whether modifications to the Pilot Project are appropriate for the remainder of the Pilot Project.
"(j)
"(1)
"(A) A complete accounting of the use of funds made available under subsection (f)(1)(A) until such funds are fully expended.
"(B) A complete accounting of the use of funds and accounts made available under subsection (f)(1) for the previous fiscal year, including a schedule of the amounts drawn from each account used to perform resource management activities described in subsection (d).
"(C) A description of total acres treated for each of the resource management activities required under subsection (d), forest health improvements, fire risk reductions, water yield increases, and other natural resources-related benefits achieved by the implementation of the resource management activities described in subsection (d).
"(D) A description of the economic benefits to local communities achieved by the implementation of the pilot project.
"(E) A comparison of the revenues generated by, and costs incurred in, the implementation of the resource management activities described in subsection (d) on the Federal lands included in the pilot project area with the revenues and costs during each of the fiscal years 1992 through 1997 for timber management of such lands before their inclusion in the pilot project.
"(F) A proposed schedule for the resource management activities to be undertaken in the pilot project area during the 1-year period beginning on the date of submittal of the report.
"(G) A description of any adverse environmental impacts from the pilot project.
"(2)
"(k)
"(1)
"(2)
"(A) A description of any adverse environmental impacts resulting from implementation of the pilot project.
"(B) An assessment of watershed monitoring data on lands treated pursuant to this section. Such assessment shall address the following issues on a priority basis: timing of water releases; water quality changes; and water yield changes over the short- and long-term in the pilot project area.
"(3)
"(4)
"(l)
"(m) Section 106 of Public Law 108–148 [16 U.S.C. 6516] shall apply to all projects authorized by this Act [probably should be this section]. Sections 104 and 105 of Public Law 108–148 [16 U.S.C. 6514, 6515] may be applied to projects authorized by this Act.
"
[Pub. L. 108–7, div. F, title III, §338, Feb. 20, 2003, 117 Stat. 278, provided that: "Congress reaffirms its original intent that the Herger-Feinstein Quincy Library Group Forest Recovery Act of 1998 [Pub. L. 105–277, div. A, §101(e) [title IV, §401], set out above] be implemented, and hereby extends the expiration of the Quincy Library Group Act by 5 years."]
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