PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 471 "(D) The protection of water quality and watersheds through— "(i) the planting of trees in riparian areas; and "(ii) the enhanced management and maintenance of native vegetation on land vital to water quality. "(E) The management, maintenance, restoration, or development of habitat for plants, fish, and wildlife. "(F) The control, detection, monitoring, and prevention of the spread of invasive species and pests on nonindustrial private forest lands. "(G) The restoration of nonindustrial private forest land affected by invasive species and pests. "(H) The conduct of other management activities, such as the reduction of hazardous fuels, that reduce the risks to forests posed by, and that restore, recover, and mitigate the damage to forests caused by, fire or any other catastrophic event, as determined by the Secretary. "(I) The development of management plans; "(J) The conduct of energy conservation and carbon sequestration activities. "(K) The conduct of other activities approved by the Secretary, in consultation with the State forester and the appropriate Committees. " (g) REIMBURSEMENT OF ELIGIBLE ACTIVITIES.— "(1) IN GENERAL.—In the case of an eligible owner that has an approved management plan, the Secretary shall share the cost of implementing the approved activities and practices that the Secretary determines are appropriate. "(2) RATE. —The Secretary shall determine the appropriate reimbursement rate for cost-share payments under paragraph (1) and the schedule for making those payments. "(3) MAXIMUM COST SHARE.— The Secretary shall not make cost-share payments under this subsection to an owner in an amount in excess of 75 percent, or a lower percentage as determined by the State forester, of the total cost to the owner to implement the approved activities and practices under the management plan. "(4) AGGREGATE PAYMENT LIMIT.— The Secretary shall determine the maximum aggregate amount of cost-share pay- ments that an owner may receive under the program. "(5) CONSULTATION. —The Secretary shall make determinations under this subsection in consultation with the State forester. " (h) RECAPTURE. — "(1) IN GENERAL.— The Secretary shall establish and implement a mechanism to recapture payments made to an owner in the event that the owner fails to implement an approved activity or practice specified in the management plan for which the owner received cost-share payments. "(2) ADDITIONAL REMEDY.— The remedy provided in paragraph (1) is in addition to any other remedy available to the Secretary. "(i) DISTRIBUTION OF COST-SHARE FUNDS. —The Secretary, acting through the State foresters, shall distribute funds available for cost sharing under the program only after giving appropriate consideration to the following factors:
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