---
kind: "section"
citation: "16 U.S.C. § 2103c"
title: "16"
title_heading: "Conservation"
number: "2103c"
heading: "Forest Legacy Program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/2103c"
units:
  - "Chapter 41 — Cooperative Forestry Assistance"
---

# §2103c. Forest Legacy Program

- (a) **Establishment and purpose—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall establish a program, to be known as the Forest Legacy Program, in cooperation with appropriate [State](/usc/16/590q.md?p=a), regional, and other [units](/usc/16/430f–7.md?p=4) of government for the purposes of ascertaining and protecting environmentally important forest [areas](/usc/16/539m–1.md?p=1-A) 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](/usc/16/539m–1.md?p=1-A), and other ecological values.
- (b) **State and regional forest legacy programs—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall exercise the authority under [subsection (a)](#a) in conjunction with [State](/usc/16/590q.md?p=a) or regional programs that the [Secretary](/usc/16/410r–5.md?p=c-1) deems consistent with this section.
- (c) **Interests in land—** In [addition](/usc/16/410r–5.md?p=c-2) to the authorities granted under [section 515 of this title](/usc/16/515.md) and [section 2268a(a) of title 7](/usc/7/2268a.md?p=a), the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) from willing landowners lands and interests therein, including conservation easements and rights of public access, for Forest Legacy Program purposes. The [Secretary](/usc/16/410r–5.md?p=c-1) shall not [acquire](/usc/16/620e.md?p=1) 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)](#c) may be held in perpetuity for program and easement administration purposes as the [Secretary](/usc/16/410r–5.md?p=c-1) may provide. In administering lands and interests therein under the program, the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) shall establish a regional program in furtherance of the Northern [Forest Lands](/usc/16/544.md?p=f) Study in the [States](/usc/16/544.md?p=r) of New York, New Hampshire, Vermont, and Maine under Public Law 100–446. The [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/590q.md?p=a) 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](/usc/16/590q.md?p=a) Forest Stewardship Coordinating Committees established under [section 2113(b) of this title](/usc/16/2113.md?p=b) and similar regional organizations, the [Secretary](/usc/16/410r–5.md?p=c-1) shall establish eligibility criteria for the designation of forest [areas](/usc/16/539m–1.md?p=1-A) from which lands may be entered into the Forest Legacy Program and subsequently select such appropriate [areas](/usc/16/539m–1.md?p=1-A). To be eligible, such [areas](/usc/16/539m–1.md?p=1-A) 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](/usc/16/410r–5.md?p=c-1) shall give priority to lands which can be effectively protected and managed, and which have important scenic or recreational values; riparian [areas](/usc/16/539m–1.md?p=1-A); [fish and wildlife](/usc/16/3102.md?p=17) values, including threatened and endangered species; or other ecological values.
- (f) **Application—** For [areas](/usc/16/539m–1.md?p=1-A) included in the Forest Legacy Program, an [owner](/usc/16/429b–3.md?p=4) 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](/usc/16/410r–5.md?p=c-1) may prescribe. The [Secretary](/usc/16/410r–5.md?p=c-1) shall give reasonable advance notice for the submission of all applications to the [State](/usc/16/590q.md?p=a) forester, equivalent [State](/usc/16/590q.md?p=a) official, or other appropriate [State](/usc/16/590q.md?p=a) or regional natural resource management agency. If applications exceed the ability of the [Secretary](/usc/16/410r–5.md?p=c-1) to fund them, priority shall be given to those forest [areas](/usc/16/539m–1.md?p=1-A) having the greatest need for protection pursuant to the criteria described in [subsection (e)](#e).
- (g) **State consent—** Where a [State](/usc/16/590q.md?p=a) has not approved the [acquisition](/usc/16/620e.md?p=1) of land under [section 515 of this title](/usc/16/515.md), the [Secretary](/usc/16/410r–5.md?p=c-1) shall not [acquire](/usc/16/620e.md?p=1) lands or interests therein under authority granted by this section outside an [area](/usc/16/539m–1.md?p=1-A) of that [State](/usc/16/590q.md?p=a) designated as a part of a program established under [subsection (b)](#b).
- (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](/usc/16/539m–1.md?p=1-A) entered in the Forest Legacy Program insofar as the [Secretary](/usc/16/410r–5.md?p=c-1) deems such activities consistent with the purposes of this section.
  - (2) **Assignment of responsibilities—** For Forest Legacy Program [areas](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) 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)](#b),[^1] 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/620e.md?p=1) standards and procedures.
  - (2) **Cost sharing—** In accordance with terms and conditions that the [Secretary](/usc/16/410r–5.md?p=c-1) shall prescribe, costs for the [acquisition](/usc/16/620e.md?p=1) of lands or interests therein or [project](/usc/16/410r–5.md?p=c-4) costs shall be shared among participating entities including regional organizations, [State](/usc/16/590q.md?p=a) and other governmental [units](/usc/16/430f–7.md?p=4), landowners, corporations, or private organizations. Such costs may include, but are not limited to, those associated with planning, administration, property [acquisition](/usc/16/620e.md?p=1), 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](/usc/16/620e.md?p=1) 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](/usc/16/590q.md?p=a) 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](/usc/16/590q.md?p=a) law for re-recordation or renewal of the easement; or
    - (D) any future disestablishment of a Forest Legacy Program [area](/usc/16/539m–1.md?p=1-A) or other Federal [project](/usc/16/410r–5.md?p=c-4) for which the conservation easement was originally acquired.
  - (3) **Construction—** Notwithstanding any provision of [State](/usc/16/590q.md?p=a) 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](/usc/16/429b–3.md?p=4).
- (l) **Optional State grants—**
  - (1) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall, at the request of a participating [State](/usc/16/590q.md?p=a), provide a grant to the [State](/usc/16/590q.md?p=a) to carry out the Forest Legacy Program in the [State](/usc/16/590q.md?p=a).
  - (2) **Administration—** If a [State](/usc/16/590q.md?p=a) elects to receive a grant under this subsection—
    - (A) the [Secretary](/usc/16/410r–5.md?p=c-1) shall use a portion of the funds made available under [subsection (m)](#m), as determined by the [Secretary](/usc/16/410r–5.md?p=c-1), to provide a grant to the [State](/usc/16/590q.md?p=a); and
    - (B) the [State](/usc/16/590q.md?p=a) shall use the grant to carry out the Forest Legacy Program in the [State](/usc/16/590q.md?p=a), including the [acquisition](/usc/16/620e.md?p=1) by the [State](/usc/16/590q.md?p=a) 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](/usc/16/410r–5.md?p=c-1) may require (including the requirements described in [subparagraph (B)](#l-3-B)), the [Secretary](/usc/16/410r–5.md?p=c-1) may, at the request of the [State](/usc/16/590q.md?p=a) of Vermont, convey to the [State](/usc/16/590q.md?p=a), by quitclaim deed, without consideration, any land or interest in land acquired in the [State](/usc/16/590q.md?p=a) under the Forest Legacy Program.
    - (B) **Requirements—** In conveying land or an interest in land under [subparagraph (A)](#l-3-A), the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/590q.md?p=a) of Vermont, the [State](/usc/16/590q.md?p=a) shall—
        - (I) reimburse the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) under [subparagraph (B)(ii)](#l-3-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.

## Footnotes

[^1]: So in original. Probably should be “subsection (c),”.

## Source credit

(Pub. L. 95–313, § 7, as added Pub. L. 101–624, title XII, § 1217, Nov. 28, 1990, 104 Stat. 3528; amended Pub. L. 102–237, title X, § 1018(a)(2), Dec. 13, 1991, 105 Stat. 1905; Pub. L. 104–127, title III, § 374, Apr. 4, 1996, 110 Stat. 1015; Pub. L. 108–108, title III, § 336, Nov. 10, 2003, 117 Stat. 1313.)

## Notes

### Editorial Notes

### References in Text

Public Law 100–446, referred to in subsec. (d)(2), is Pub. L. 100–446, Sept. 27, 1988, 102 Stat. 1774. Provisions of the Act relating to functions of the Secretary of Agriculture in connection with forest lands are not classified to the Code. For complete classification of this Act to the Code, see Tables.

### Prior Provisions

A prior section 7 of Pub. L. 95–313 was renumbered section 10 and is classified to section 2106 of this title.

### Amendments

2003—Subsec. (l)(3). Pub. L. 108–108 added par. (3).

1996—Subsecs. (l), (m). Pub. L. 104–127 added subsec. (l) and redesignated former subsec. (l) as (m).

1991—Subsec. (d)(2). Pub. L. 102–237, § 1018(a)(2)(A), substituted “November 28, 1991” for “1 year after November 28, 1990”.

Subsec. (e). Pub. L. 102–237, § 1018(a)(2)(B), substituted “Not later than November 28, 1991, and in consultation with State Forest Stewardship Coordinating Committees established under section 2113(b)” for “Within 1 year from November 28, 1990, and in consultation with State Forest Stewardship Advisory Committees established under section 15(b)”.

Subsec. (f). Pub. L. 102–237, § 1018(a)(2)(C), substituted “subsection (e)” for “subsection (d)”.