U.S Code last checked for updates: May 06, 2024
§ 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) 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
(d)
Contribution by entity
(e)
Allotments to other agencies
(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
(g)
Partnerships
(h)
Authorization of appropriations
(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
(Pub. L. 95–313, § 8, formerly § 5, July 1, 1978, 92 Stat. 368; renumbered § 8 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1218, Nov. 28, 1990, 104 Stat. 3525, 3531.)
cite as: 16 USC 2104