104 STAT. 3528 PUBLIC LAW 101-624—NOV. 28, 1990 Secretary determines are appropriate and in the public interest, with a landowner who has entered in an agreement to place the forest land of such owner into the Program. "(2) RATE.—The Secretary, in consultation with the State forester, or equivalent State official, shall determine the appropriate reimbursement rate for cost-share payments under paragraph (1) and the schedule for making such payments. "(3) MAXIMUM.— The Secretary shall not make cost-share pay- ments under this subsection to a landowner in an amount in excess of 75 percent of the total cost to such landowner of developing the forest stewardship plan and implementing eligible activities under the plan. The maximum payments to any one landowner shall be determined by the Secretary. " (d) RECAPTURE. — "(1) IN GENERAL.—The Secretary shall establish and implement a mechanism to recapture payments made to a landowner in the event that the landowner fails to implement any approved activity specified in the forest stewardship plan for which such owner received cost-share payments. "(2) ADDITIONAL PROVISION. —The provisions of paragraph (1) are in addition to any other provision available. "(e) DISTRIBUTION. —The Secretary shall distribute funds available for cost sharing under this section among the States only after assessing the public benefit incident to such distribution and after giving appropriate consideration to— "(1) the total acreage of nonindustrial private forest land in each State; "(2) the potential productivity of such land; "(3) the number of owners eligible for cost sharing in each State; "(4) the need for reforestation in each State; "(5) the opportunities to enhance nontimber resources on such forest lands; and "(6) the anticipated demand for timber and nontimber resources in each State. "(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $100,000,000 for each of the fiscal years 1991 through 1995, and such sums as may be necessary thereafter, to carry out this section.". SEC. 1217. FOREST LEGACY PROGRAM. The Act (16 U.S.C. 2101 et seq.) is amended by inserting after section 6 (as added by section 1216 of this Act) the following new section: 16 USC 2103c. "SEC. 7. 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.
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