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[Laws in effect as of January 3, 2006]
[CITE: 16USC2101]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2101. Findings, purpose, and policy
(a) Findings
Congress finds that--
(1) most of the productive forest land of the United States is
in private, State, and local governmental ownership, and the
capacity of the United States to produce renewable forest resources
is significantly dependent on such non-Federal forest lands;
(2) adequate supplies of timber and other forest resources are
essential to the United States, and adequate supplies are dependent
on efficient methods for establishing, managing, and harvesting
trees and processing, marketing, and using wood and wood products;
(3) nearly one-half of the wood supply of the United States
comes from nonindustrial private timberlands and such percentage
could rise with expanded assistance programs;
(4) managed forest lands provide habitats for fish and wildlife,
as well as aesthetics, outdoor recreation opportunities, and other
forest resources;
(5) the soil, water, and air quality of the United States can be
maintained and improved through good stewardship of privately held
forest resources;
(6) insects and diseases affecting trees occur and sometimes
create emergency conditions on all land, whether Federal or non-
Federal, and efforts to prevent and control such insects and
diseases often require coordinated action by both Federal and non-
Federal land managers;
(7) fires in rural areas threaten human lives, property, forests
and other resources, and Federal-State cooperation in forest fire
protection has proven effective and valuable;
(8) trees and forests are of great environmental and economic
value to urban areas;
(9) managed forests contribute to improving the quality,
quantity, and timing of water yields that are of broad benefit to
society;
(10) over half the forest lands of the United States are in need
of some type of conservation treatment;
(11) forest landowners are being faced with increased pressure
to convert their forest land to development and other purposes;
(12) increased population pressures and user demands are being
placed on private, as well as public, landholders to provide a wide
variety of products and services, including fish and wildlife
habitat, aesthetic quality, and recreational opportunities;
(13) stewardship of privately held forest resources requires a
long-term commitment that can be fostered through local, State, and
Federal governmental actions;
(14) the Department of Agriculture, through the coordinated
efforts of its agencies with forestry responsibilities, cooperating
with other Federal agencies, State foresters, and State political
subdivisions, has the expertise and experience to assist private
landowners in achieving individual goals and public benefits
regarding forestry;
(15) the products and services resulting from nonindustrial
private forest land stewardship provide income and employment that
contribute to the economic health and diversity of rural
communities; \1\
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\1\ See 1990 Amendment note below.
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(16) sustainable agroforestry systems and tree planting in
semiarid lands can improve environmental quality and maintain farm
yields and income; and \1\
(18) \2\ the same forest resource supply, protection, and
management issues that exist in the United States are also present
on an international scale, and the forest and rangeland renewable
resources of the world are threatened by deforestation due to
conversion to agriculture of lands better suited to other purposes,
over-grazing, over-harvesting, and other causes which pose a direct
adverse threat to people, the global environment, and the world
economy.\1\
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\2\ So in original. Probably should be ``(17)''.
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(b) Purpose
It is the purpose of this chapter to authorize the Secretary of
Agriculture (hereafter in this chapter referred to as the
``Secretary''), with respect to non-Federal forest lands in the United
States, and forest lands in foreign countries, of the United States, to
assist in--
(1) the establishment of a coordinated and cooperative Federal,
State, and local forest stewardship program for management of the
non-Federal forest lands;
(2) the encouragement of the production of timber;
(3) the prevention and control of insects and diseases affecting
trees and forests;
(4) the prevention and control of rural fires;
(5) the efficient utilization of wood and wood residues,
including the recycling of wood fiber;
(6) the improvement and maintenance of fish and wildlife
habitat;
(7) the planning and conduct of urban forestry programs;
(8) broadening existing forest management, fire protection, and
insect and disease protection programs on non-Federal forest lands
to meet the multiple use objectives of landowners in an
environmentally sensitive manner;
(9) providing opportunities to private landowners to protect
ecologically valuable and threatened non-Federal forest lands; and
(10) strengthening educational, technical, and financial
assistance programs that provide assistance to owners of non-Federal
forest lands in the United States, and forest lands in foreign
countries,.\3\
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\3\ So in original.
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(c) Policy
It is the policy of Congress that it is in the national interest for
the Secretary to work through and in cooperation with State foresters,
or equivalent State officials, nongovernmental organizations, and the
private sector in implementing Federal programs affecting non-Federal
forest lands.
(d) Construction
This chapter shall be construed to complement the policies and
direction under the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.).
(Pub. L. 95-313, Sec. 2, July 1, 1978, 92 Stat. 365; Pub. L. 101-513,
title VI, Sec. 611(b)(1), (2), formerly Sec. 607(b)(1), (2), Nov. 5,
1990, 104 Stat. 2072, renumbered Sec. 611(b)(1), (2), Pub. L. 102-574,
Sec. 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; Pub. L. 101-624, title XII,
Sec. 1212, Nov. 28, 1990, 104 Stat. 3521.)
References in Text
This chapter, referred to in subsecs. (b) and (d), was in the
original ``this Act'', meaning Pub. L. 95-313, July 1, 1978, 92 Stat.
365, known as the Cooperative Forestry Assistance Act of 1978. For
complete classification of this Act to the Code, see Short Title note
set out below and Tables.
The Forest and Rangeland Renewable Resources Planning Act of 1974,
referred to in subsec. (d), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat.
476, as amended, which is classified generally to subchapter I
(Sec. 1600 et seq.) of chapter 36 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1600 of this title and Tables.
Codification
Pub. L. 101-513 and Pub. L. 101-624 were approved by the President
after Congress adjourned and in reverse order of passage by Congress.
Accordingly, the amendments made by Pub. L. 101-624 were executed to
text prior to the amendments made by Pub. L. 101-513 to reflect the
probable intent of Congress.
Amendments
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions which set forth Congressional findings
and declarations, and statements of purpose and national interest, and
which related to application with forest and rangeland renewable
resources provisions. See Codification note above.
Pub. L. 101-513, Sec. 607(b)(1), directed the amendment of subsec.
(a) by striking out ``and'' at end of par. (16), substituting ``; and''
for period at end of par. (17), and adding par. (18) at end. The
amendment of pars. (16) and (17) was executed to pars. (15) and (16) to
reflect the probable intent of Congress. See Codification note above.
Pub. L. 101-513, Sec. 607(b)(2), which directed the amendment of
subsec. (b) by inserting ``in the United States, and forest lands in
foreign countries,'' after ``non-Federal forest lands,'' the first place
it appears and in paragraph (10), was executed by making the insertion
after ``non-Federal forest lands'' to reflect the probable intent of
Congress. See Codification note above.
Effective Date
Section 17, formerly section 14, of Pub. L. 95-313, as renumbered
Sec. 17 by Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990, 104
Stat. 3525, provided that: ``The provisions of this Act [see Short Title
note below] shall become effective October 1, 1978.''
Short Title of 1990 Amendment
Section 1201 of title XII of Pub. L. 101-624 provided that: ``This
title [enacting sections 582a-8, 1648, 1649, 1674a, 2103a to 2103c,
2106a, 2113, and 2114 of this title, amending this section and sections
1642, 1672, 1674, 2102 to 2106, and 2108 to 2110 of this title, and
enacting provisions set out as notes under this section and sections
582a, 1601, 1642, and 2112 of this title] may be cited as the `Forest
Stewardship Act of 1990'.''
Short Title
Section 1 of Pub. L. 95-313 provided: ``That this Act [enacting this
chapter, amending sections 1510 and 1606 of this title, repealing
sections 565, 566, 567, 568c to 568e, 594-1 to 594-5, 594a, and 1509 of
this title, and sections 2651 to 2654 of Title 7, Agriculture, enacting
provisions set out as notes under this section and section 1606 of this
title, and repealing provisions set out as notes under sections 568c and
594-1 of this title] may be cited as the `Cooperative Forestry
Assistance Act of 1978'.''
America the Beautiful Act of 1990
Subtitle C (Secs. 1261-1266) of title XII of Pub. L. 101-624, as
amended by Pub. L. 102-237, title X, Sec. 1018(e), Dec. 13, 1991, 105
Stat. 1905, provided that:
``SEC. 1261. SHORT TITLE.
``This subtitle may be cited as the `America the Beautiful Act of
1990'.
``SEC. 1262. FINDINGS.
``Congress finds that--
``(1) trees and forests provide beauty and diversity to both
rural and urban landscapes;
``(2) trees and forests protect the United States's soil, water,
and wetland resources by filtering runoff and preventing erosion;
``(3) trees and forests provide food and cover for many species
of wildlife;
``(4) trees and forests provide shade, block winds, and add
moisture to the air, thereby mitigating the urban `heat island'
effect and significantly reducing energy use;
``(5) trees and forests make important contributions to the
environmental, social, and economic well-being of both rural and
urban areas across the United States; and
``(6) stewardship of trees and forests could be significantly
enhanced by encouraging, promoting, and supporting partnerships and
community service projects involving individuals, youth groups,
organizations, businesses and governments at all levels.
``SEC. 1263. PURPOSES.
``The purposes of this subtitle are to--
``(1) authorize the President to designate a private nonprofit
foundation as eligible for a one-time grant from the Secretary of
Agriculture, to be used for promoting public awareness and a spirit
of volunteerism, soliciting private sector contributions, and
overseeing the use of these contributions to encourage tree planting
projects in communities and urban areas;
``(2) promote the principles of basic forest stewardship through
the nationwide planting, improvement, and maintenance of trees in
order to increase reforestation, enhance the environmental and
aesthetic qualities of the United States's rural and urban areas,
and reduce global carbon dioxide levels;
``(3) authorize the Secretary of Agriculture to provide
increased financial and technical assistance to State forestry
agencies and others, and enter into cost-sharing agreements with
individuals, for the purpose of encouraging owners of nonindustrial
private lands to plant and maintain trees and improve forests in
rural areas; and
``(4) authorize the Secretary of Agriculture to provide
increased financial and technical assistance to State forestry
agencies and others for the purpose of encouraging units of local
government, civic groups, and individuals to plant and maintain
trees and improve forests in communities and urban areas.
``SEC. 1264. TREE PLANTING FOUNDATION.
``(a) Purpose.--The purpose of this section is to authorize the
President to designate a private nonprofit Foundation as eligible to
receive a grant from the Department of Agriculture to be used--
``(1) to provide grants, including matching grants, to
qualifying nonprofit organizations (including youth groups),
municipalities, counties, towns and townships for the implementation
of programs to promote public awareness and a spirit of volunteerism
in support of tree planting, maintenance, management, protection,
and cultivation projects in rural areas, communities and urban areas
throughout the United States;
``(2) to solicit public and private sector contributions through
the mobilization of individuals, businesses, governments, and
community organizations with the goal of increasing the number of
trees planted, maintained, managed, and protected in rural areas,
communities and urban environments;
``(3) to accept and administer public and private gifts and make
grants, including matching grants, to encourage local participation,
for the planting, maintenance, management, protection, and
cultivation of trees; and
``(4) to ensure that our descendants will be able to share their
ancestors' pride when referring to their land as `America the
Beautiful'.
``(b) Authority.--The President is authorized to designate a private
nonprofit organization (hereafter in this section referred to as the
`Foundation') as eligible to receive funds pursuant to subsections (d)
and (e) upon determining that such organization can, consistent with its
charter, carry out the purposes stated in subsection (a), and that the
officers of such organization have the experience and expertise
necessary to direct the activities of the organization. Nothing in this
section shall be construed to make officers, employees, or members of
the board of directors of the Foundation officers or employees of the
United States. The Foundation shall be a private and nonprofit
organization and not an agency or establishment of the United States.
``(c) Implementation.--The Foundation shall carry out this section
in accordance with the purposes stated in subsection (a).
``(d) Funding.--For fiscal year 1991, the Secretary is authorized to
make a grant of not to exceed $25,000,000 to the Foundation.
``(e) Use of Funds.--Funds made available pursuant to subsection (d)
shall be granted to the Foundation by the Secretary to enable the
Foundation to carry out the purposes specified in subsection (a).
``(f) Interest.--Notwithstanding any other provision of law, the
Foundation may hold funds made available pursuant to subsection (e) in
interest-bearing accounts prior to the disbursement of the funds for
purposes specified in subsection (a) and may retain to carry out such
purposes any interest earned on the deposits.
``(g) Limitations on Uses of Funds.--
``(1) In general.--The Foundation may use funds provided by this
section only for making grants to qualified organizations,
municipalities, counties, towns and townships for the implementation
of projects and activities that are consistent with the purposes
specified in subsection (a).
``(2) Qualified organizations.--For the purposes of this
section, qualified organizations shall consist of those
organizations that meet the requirements of section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and have
demonstrated a capability to implement the project or activity for
which the Foundation funds will be used.
``(h) Compensation from Outside Sources.--An officer or employee of
the Foundation may not receive any salary or other compensation for
services rendered to the Foundation from any source other than the
Foundation.
``(i) Stock and Dividends.--The Foundation shall not issue any
shares of stock or declare or pay any dividends.
``(j) Lobbying.--The Foundation shall not engage in lobbying or
propaganda for the purpose of influencing legislation and shall not
participate or intervene in any political campaign on behalf of any
candidate for public office.
``(k) Salary; Travel and Expenses; Conflicts of Interest.--
``(1) Personal benefit from funds.--No part of the funds of the
Foundation shall inure to the benefit of any board member, officer,
or employee of the Foundation, except as salary or reasonable
compensation for services or expenses.
``(2) Travel and expense reimbursement.--Compensation for board
members shall be limited to reimbursement for reasonable costs of
travel and expenses.
``(3) Conflicts of interest.--No director, officer, or employee
of the Foundation shall participate, directly or indirectly, in the
consideration or determination of any question before the Foundation
affecting--
``(A) the financial interests of the director, officer, or
employee; or
``(B) the interests of any corporation, partnership, entity,
or organization in which such director, officer, or employee--
``(i) is an officer, director, or trustee; or
``(ii) has any direct or indirect financial interest.
``(l) Records; Audits.--The Foundation shall ensure that--
``(1) each recipient of assistance provided through the
Foundation under this section maintains, for at least 5 years after
the receipt of the assistance, separate accounts with respect to the
assistance and such records as may be reasonably necessary to
disclose fully--
``(A) the amount and the disposition by the recipient of the
proceeds of the assistance;
``(B) the total cost of the project or undertaking in
connection with which the assistance is given or used;
``(C) the amount and nature of that portion of the cost of
the project or undertaking supplied by other sources; and
``(D) such other records as will facilitate an effective
audit; and
``(2) the Foundation and any duly authorized representative of
the Foundation shall have access, for the purpose of audit and
examination, to any books, documents, papers, and records of the
recipient that are pertinent to assistance provided through the
Foundation under this section.
``(m) Audits.--
``(1) Independent audits.--For the fiscal year in which the
Foundation receives the grant awarded under subsection (e), and for
the succeeding 5 fiscal years, the accounts of the Foundation shall
be audited annually in accordance with generally accepted auditing
standards by an independent certified public accountant or an
independent licensed public accountant certified or licensed by a
regulatory authority of a State or other political subdivision of
the United States. The report of each such independent audit shall
be included in the annual report required by subsection (n).
``(2) Agency audits.--For the fiscal year in which the
Foundation receives the grant awarded under subsection (d), and for
the succeeding 5 fiscal years, the financial transactions undertaken
pursuant to this section by the Foundation may be audited by any
agency designated by the President.
``(n) Annual Reports.--
``(1) In general.--Not later than 3 months after the conclusion
of each fiscal year, the Foundation shall publish an annual report
that includes a comprehensive and detailed report of the operations,
activities, financial condition, and accomplishments of the
Foundation under this subtitle during the fiscal year.
``(2) Termination.--The obligation of the Foundation to publish
annual reports pursuant to this subsection shall terminate after
publication of the report incorporating the findings of the final
audit in accordance with procedures required by subsection (l).
``(o) Prohibition on Commercial Harvest.--Trees planted pursuant to
a program receiving funds under this section may not be commercially
harvested and sold for Christmas trees.
``(p) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000 to be granted by the Secretary of Agriculture
to the Foundation. All funds appropriated under this section may remain
available until expended.
``SEC. 1265. RURAL TREE PLANTING AND FOREST MANAGEMENT PROGRAM.
``The Secretary of Agriculture is authorized to establish a rural
tree planting and forest management program as a special component of
the forest stewardship program and the stewardship incentive program
established under sections 5 and 6 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2102) [16 U.S.C. 2103a, 2103b] (as
amended by subtitle A). Such program shall terminate on December 31,
2001.
``SEC. 1266. COMMUNITY TREE PLANTING AND IMPROVEMENT PROGRAM.
``The Secretary of Agriculture is authorized to establish a
community tree planting and improvement program as a special component
of the urban and community forestry assistance program established under
section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2105) (as amended by section 1219). Such program shall terminate on
December 31, 2001.''
Tree Planting Initiative
Pub. L. 99-198, title XII, Sec. 1256, as added by Pub. L. 101-624,
title XIV, Sec. 1441(a), Nov. 28, 1990, 104 Stat. 3601, set forth policy
relating to maintenance, afforestation, and reforestation of forest
lands and provisions relating to implementation of policy and agreements
with State forestry agencies, prior to repeal by Pub. L. 104-127, title
III, Sec. 336(e), Apr. 4, 1996, 110 Stat. 1007.
Transfer of Forest Tree Nursery Facilities to States
Pub. L. 87-492, June 25, 1962, 76 Stat. 107, provided: ``That the
Congress recognizes that for many years the United States and certain
States have cooperated in the production of tree planting stock for use
in the reforestation of the public and private lands of the Nation; that
the program of production of tree planting stock which was initiated and
pursued under the Soil Bank Act (7 U.S.C. 1801 et seq.) [repealed] was
carried on under written agreements which provided for (a) cooperation
between the Forest Service, on behalf of the United States, and the
States which participated in the program, (b) payments to said States
for costs and expenses incurred in the development of nursery
facilities, (c) the holding of such funds by the States in trust for the
purpose of carrying out the provisions of said agreements, and (d)
restoration to the trust fund of an amount equal to the residual value
of any supplies, materials, equipment, or improvements acquired or
constructed with trust funds and transferred to State forestry work
other than the soil bank program; that such program under said Soil Bank
Act has been discontinued, but the need for the trees continues to be
great; that the States and Federal Government are cooperating in the
procurement, production, and distribution of forest-tree seeds and
plants under section 4 of the Clarke-McNary Act of June 7, 1924 (16
U.S.C. 567), and in the reforestation of lands under title IV of the
Agricultural Act of 1956 (16 U.S.C. 568e and 568g); and that said
participating States need the said supplies, materials, equipment, or
improvements for use in connection with their respective forestry
programs, and it is in the public interest to permit these States to use
said property without the requirement that payment be made for the
residual value thereof.
``Sec. 2. For the purpose of assisting those States which
participated in the program carried on under the Soil Bank Act [section
1801 et seq. of Title 7, Agriculture] [repealed] in continuing the
production of needed tree planting stock and in other forestry programs,
the Secretary of Agriculture is authorized to permit any supplies,
materials, equipment, or improvements acquired or constructed with trust
funds under the agreements referred to in section 1 to be used in such
State forestry work as may further the objectives of related Federal
programs, as he may approve, without the requirement that any payment be
made by the State into the trust funds.''
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC2102]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2102. Rural forestry assistance
(a) Assistance to forest landowners and others
The Secretary may provide financial, technical, educational, and
related assistance to State foresters or equivalent State officials, and
State extension directors, to enable such officials to provide technical
information, advice, and related assistance to private forest land
owners and managers, vendors, forest resource operators, forest resource
professionals, public agencies, and individuals to enable such persons
to carry out activities that are consistent with the purposes of this
chapter, including--
(1) protecting, maintaining, enhancing, restoring, and
preserving forest lands and the multiple values and uses that depend
on such lands;
(2) identifying, protecting, maintaining, enhancing, and
preserving wildlife and fish species, including threatened and
endangered species, and their habitats;
(3) implementing forest management technologies;
(4) selecting, producing, and marketing alternative forest
crops, products and services from forest lands;
(5) protecting forest land from damage caused by fire, insects,
disease, and damaging weather;
(6) managing the rural-land and urban-land interface to balance
the use of forest resources in and adjacent to urban and community
areas;
(7) identifying and managing recreational forest land resources;
(8) identifying and protecting the aesthetic character of forest
lands;
(9) protecting forest land from conversion to alternative uses;
and
(10) the management of resources of forest lands, including--
(A) the harvesting, processing, and marketing of timber and
other forest resources and the marketing and utilization of wood
and wood products;
(B) the conversion of wood to energy for domestic,
industrial, municipal, and other uses;
(C) the planning, management, and treatment of forest land,
including site preparation, reforestation, thinning, prescribed
burning, and other silvicultural activities designed to increase
the quantity and improve the quality of timber and other forest
resources;
(D) ensuring that forest regeneration or reforestation
occurs if needed to sustain long-term resource productivity;
(E) protecting and improving forest soil fertility and the
quality, quantity, and timing of water yields; and
(F) encouraging the investment of a portion of the proceeds
from the sale of timber or other forest resources in stewardship
activities that preserve, protect, maintain, and enhance their
forest land.
(b) State forestry assistance
The Secretary is authorized to provide financial, technical, and
related assistance to State foresters, or equivalent State officials,
to--
(1) develop genetically improved tree seeds;
(2) develop and contract for the development of field
arboretums, greenhouses, and tree nurseries, in cooperation with a
State, to facilitate production and distribution of tree seeds and
seedlings in States where the Secretary determines that there is an
inadequate capacity to carry out present and future reforestation
needs;
(3) procure, produce, and distribute tree seeds and trees for
the purpose of establishing forests, windbreaks, shelterbelts,
woodlots, and other plantings;
(4) plant tree seeds and seedlings on non-Federal forest lands
that are suitable for the production of timber, recreation, and for
other benefits associated with the growing of trees;
(5) plan, organize, and implement measures on non-Federal forest
lands, including thinning, prescribed burning, and other
silvicultural activities designed to increase the quantity and
improve the quality of trees and other vegetation, fish and wildlife
habitat, and water yielded therefrom; and
(6) protect or improve soil fertility on non-Federal forest
lands and the quality, quantity, and timing of water yields
therefrom.
(c) Implementation
In implementing this section, the Secretary shall cooperate with
other Federal, State, and local natural resource management agencies,
universities and the private sector.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out this section.
(Pub. L. 95-313, Sec. 3, July 1, 1978, 92 Stat. 366; Pub. L. 101-624,
title XII, Sec. 1213, Nov. 28, 1990, 104 Stat. 3523.)
Amendments
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions which set forth Congressional findings
relating to rural forestry assistance, related to financial, technical,
and related assistance to State foresters or equivalent State officials,
and authorized appropriations.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC2103]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2103. Forest land enhancement program
(a) Establishment
(1) In general
The Secretary of Agriculture shall establish a forest land
enhancement program--
(A) to provide financial assistance to State foresters; and
(B) to encourage the long-term sustainability of
nonindustrial private forest lands in the United States by
assisting the owners of nonindustrial private forest lands,
through State foresters, in more actively managing the
nonindustrial private forest lands and related resources of
those owners through the use of State, Federal, and private
sector resource management expertise, financial assistance, and
educational programs.
(2) Coordination and consultation
The Secretary, acting through State foresters, shall implement
the program--
(A) in coordination with the State Forest Stewardship
Coordinating Committees; and
(B) in consultation with other Federal, State, and local
natural resource management agencies, institutions of higher
education, and a broad range of private sector interests.
(b) Program objectives
In implementing the program, the Secretary shall target resources to
achieve the following objectives:
(1) Investing in practices to establish, restore, protect,
manage, maintain, and enhance the health and productivity of the
nonindustrial private forest lands in the United States for timber,
habitat for flora and fauna, soil, water, and air quality, wetlands,
and riparian buffers.
(2) Ensuring that afforestation, reforestation, improvement of
poorly stocked stands, timber stand improvement, practices necessary
to improve seedling growth and survival, and growth enhancement
practices occur where needed to enhance and sustain the long-term
productivity of timber and nontimber forest resources to help meet
future public demand for all forest resources and provide
environmental benefits.
(3) Reducing the risks and helping restore, recover, and
mitigate the damage to forests caused by fire, insects, invasive
species, disease, and damaging weather.
(4) Increasing and enhancing carbon sequestration opportunities.
(5) Enhancing implementation of agroforestry practices.
(6) Maintaining and enhancing the forest landbase and leverage
State and local financial and technical assistance to owners that
promote the same conservation and environmental values.
(7) Preserving the aesthetic quality of nonindustrial private
forest lands and providing opportunities for outdoor recreation.
(c) State priority plan
(1) Development
The State Forester and State Forest Stewardship Coordinating
Committee of a State shall jointly develop and submit to the
Secretary a State priority plan that is intended to promote forest
management objectives in that State.
(2) Report
Not later than September 30, 2006, each State that implemented a
State priority plan shall submit to the Secretary a report
describing the status of all activities and practices funded under
the program as of that date.
(d) Owner eligibility for assistance
(1) Eligibility criteria
To be eligible for cost-share assistance under the program, an
owner of nonindustrial private forest lands shall agree--
(A) to develop and implement, in cooperation with a State
forester, another State official, or a professional resources
manager, a management plan that--
(i) except as provided in paragraph (2) or (3), provides
for the treatment of not more than 1,000 acres of
nonindustrial private forest lands;
(ii) is approved by the State forester; and
(iii) addresses site specific activities and practices;
and
(B) to implement approved activities and practices in a
manner consistent with the management plan for a period of not
less than 10 years, unless the State forester approves a
modification to the plan.
(2) Public benefit exception
The Secretary may increase the acreage limitation specified in
paragraph (1)(A)(i) to not more than 5,000 acres for an owner of
nonindustrial private forest lands if the Secretary, in consultation
with the State forester, determines that significant public benefits
will accrue as a result of the provision of cost-share assistance
under the program for the treatment of the additional acreage.
(3) Plan development exception
An owner may receive cost-share assistance under the program for
the purpose of developing a management plan under subsection (e) of
this section that provides for the treatment of acreage in excess of
the acreage limitations specified in paragraphs (1)(A)(i) and (2),
except that the owner's eligibility for cost-share assistance to
implement approved activities and practices under the management
plan remains subject to the acreage limitation specified in
paragraph (1)(A)(i) or, if the Secretary makes the determination
described in paragraph (2), the acreage limitation specified in that
paragraph.
(e) Management plan
(1) Submission and content
An owner of nonindustrial private forest lands that seeks to
participate in the program shall submit to the State forester of the
State in which the lands are located a management plan that--
(A) identifies and describes projects and activities to be
carried out by the owner to protect or enhance soil, water, air,
range and aesthetic quality, recreation, timber, water, wetland,
or fish and wildlife resources on the lands in a manner that is
compatible with the objectives of the owner;
(B) addresses any criteria established by the State and the
applicable Committee; and
(C) meets the other requirements of this section.
(2) Lands covered
At a minimum, the management plan shall apply to those portions
of the nonindustrial private forest lands of the owner on which any
project or activity funded under the program will be carried out. In
a case in which a project or activity may affect acreage outside the
portion of the land on which the project or activity is carried out,
the management plan shall apply to all lands of the owner that are
in forest cover and may be affected by the project or activity.
(f) Approved activities
(1) State list
The Secretary shall develop for each State a list of approved
forest activities and practices eligible for cost-share assistance
that meets the purposes of the program. The Secretary shall develop
the list for a State in consultation with the State forester and the
Committee for that State.
(2) Types of activities
Approved activities and practices under paragraph (1) may
consist of activities and practices for the following purposes:
(A) The establishment, management, maintenance, and
restoration of forests for shelterbelts, windbreaks, aesthetic
quality, and other conservation purposes.
(B) The sustainable growth and management of forests for
timber production.
(C) The restoration, use, and enhancement of forest wetland
and riparian areas.
(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 payments 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:
(1) The public benefits that would result from the distribution.
(2) The total acreage of nonindustrial private forest lands in
each State.
(3) The potential productivity of those lands, as determined by
the Secretary.
(4) The number of owners eligible for cost sharing in each
State.
(5) The opportunities to enhance nontimber resources on those
lands, including--
(A) the protection of riparian buffers and forest wetland;
(B) the preservation of fish and wildlife habitat;
(C) the enhancement of soil, air, and water quality; and
(D) the preservation of aesthetic quality and opportunities
for outdoor recreation.
(6) The anticipated demand for timber and nontimber resources in
each State.
(7) The need to improve forest health to minimize the damaging
effects of catastrophic fire, insects, disease, or weather.
(8) The need and demand for agroforestry practices in each
State.
(9) The need to maintain and enhance the forest landbase.
(10) The need for afforestation, reforestation, and timber stand
improvement.
(j) Availability of funds
The Secretary shall use $100,000,000 of funds of the Commodity
Credit Corporation to carry out the Program during the period beginning
on May 13, 2002, and ending on September 30, 2007.
(k) Definitions
In this section:
(1) Nonindustrial private forest lands
The term ``nonindustrial private forest lands'' means rural
lands, as determined by the Secretary, that--
(A) have existing tree cover or are suitable for growing
trees; and
(B) are owned by any nonindustrial private individual,
group, association, corporation, Indian tribe, or other private
legal entity so long as the individual, group, association,
corporation, tribe, or entity has definitive decision-making
authority over the lands.
(2) Committee
The terms ``State Forest Steward
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC2103a]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2103a. Forest Stewardship Program
(a) Establishment
The Secretary, in consultation with State foresters or equivalent
State officials, shall establish a Forest Stewardship Program (hereafter
referred to in this section as the ``Program'') to encourage the long-
term stewardship of nonindustrial private forest lands by assisting
owners of such lands to more actively manage their forest and related
resources by utilizing existing State, Federal, and private sector
resource management expertise and assistance programs.
(b) Goal
The goal of the Program shall be to enter at least 25,000,000 acres
of nonindustrial private forest lands in the Program by December 31,
1995.
(c) ``Nonindustrial private forest lands'' defined
For the purposes of this section, the term ``nonindustrial private
forest lands'' means rural, as determined by the Secretary, lands with
existing tree cover, or suitable for growing trees, and owned by any
private individual, group, association, corporation, Indian tribe, or
other private legal entity.
(d) Implementation
In carrying out the Program the Secretary, in consultation with
State foresters or equivalent State officials, shall provide financial,
technical, educational, and related assistance to State foresters or
equivalent State officials, including assistance to help such State
foresters or equivalent officials to provide financial assistance to
other State and local natural resource entities, both public and
private, and land-grant universities for the delivery of information and
professional assistance to owners of nonindustrial private forest lands.
Such information and assistance shall be directed to help such owners
understand and evaluate alternative actions they might take, including--
(1) managing and enhancing the productivity of timber, fish and
wildlife habitat, water quality, wetlands, recreational resources,
and the aesthetic value of forest lands;
(2) investing in practices to protect, maintain, and enhance the
resources identified in paragraph (1);
(3) ensuring that afforestation, reforestation, improvement of
poorly stocked stands, timber stand improvement, practices necessary
to improve seedling growth and survival, and growth enhancement
practices occur where needed to enhance and sustain the long-term
productivity of timber and nontimber forest resources to help meet
future public demand for all forest resources and provide the
environmental benefits that result; and
(4) protecting their forests from damage caused by fire,
insects, disease, and damaging weather.
(e) Eligibility
All nonindustrial private forest lands that are not in management
under Federal, State, or private sector financial and technical
assistance programs existing on November 28, 1990, are eligible for
assistance under the Program. Nonindustrial private forest lands that
are managed under such existing programs are eligible for assistance
under the Program if forest management activities are expanded and
enhanced and the landowner agrees to meet the requirements of this
chapter.
(f) Duties of owners
To enter forest land into the Program, landowners shall--
(1) prepare and submit to the State forester or equivalent State
official a forest stewardship plan that meets the requirements of
this section and that--
(A) is prepared by a professional resource manager;
(B) identifies and describes actions to be taken by the
landowner to protect soil, water, range, aesthetic quality,
recreation, timber, water, and fish and wildlife resources on
such land in a manner that is compatible with the objectives of
the landowner; and
(C) is approved by the State forester, or equivalent State
official; and
(2) agree that all activities conducted on such land shall be
consistent with the stewardship plan.
(g) Stewardship recognition
The Secretary, in consultation with State foresters or equivalent
State officials, is encouraged to develop an appropriate recognition
program for landowners who practice stewardship management on their
lands, with an appropriate, special recognition symbol and title.
(h) Authorization of appropriations
There are hereby authorized to be appropriated $25,000,000 for each
of the fiscal years 1991 through 1995, and such sums as may be necessary
thereafter, to carry out this section.
(Pub. L. 95-313, Sec. 5, as added Pub. L. 101-624, title XII,
Sec. 1215(2), Nov. 28, 1990, 104 Stat. 3525; amended Pub. L. 102-237,
title X, Sec. 1018(a)(1), Dec. 13, 1991, 105 Stat. 1905.)
Prior Provisions
A prior section 5 of Pub. L. 95-313 was renumbered section 8 and is
classified to section 2104 of this title.
Amendments
1991--Subsec. (d). Pub. L. 102-237 substituted ``State foresters''
for ``State Foresters'' wherever appearing in introductory provisions.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 16USC2103b]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2103b. Watershed forestry assistance program
(a) Definition of nonindustrial private forest land
In this section, the term ``nonindustrial private forest land''
means rural land, as determined by the Secretary, that--
(1) has existing tree cover or that is suitable for growing
trees; and
(2) is owned by any nonindustrial private individual, group,
association, corporation, or other private legal entity, that has
definitive decisionmaking authority over the land.
(b) General authority and purpose
The Secretary, acting through the Chief of the Forest Service and
(where appropriate) through the Cooperative State Research, Education,
and Extension Service, may provide technical, financial, and related
assistance to State foresters, equivalent State officials, or
Cooperative Extension officials at land grant colleges and universities
and 1890 institutions for the purpose of expanding State forest
stewardship capacities and activities through State forestry best-
management practices and other means at the State level to address
watershed issues on non-Federal forested land and potentially forested
land.
(c) Technical assistance to protect water quality
(1) In general
The Secretary, in cooperation with State foresters or equivalent
State officials, shall engage interested members of the public,
including nonprofit organizations and local watershed councils, to
develop a program of technical assistance to protect water quality
described in paragraph (2).
(2) Purpose of program
The program under this subsection shall be designed--
(A) to build and strengthen watershed partnerships that
focus on forested landscapes at the State, regional, and local
levels;
(B) to provide State forestry best-management practices and
water quality technical assistance directly to owners of
nonindustrial private forest land;
(C) to provide technical guidance to land managers and
policymakers for water quality protection through forest
management;
(D) to complement State and local efforts to protect water
quality and provide enhanced opportunities for consultation and
cooperation among Federal and State agencies charged with
responsibility for water and watershed management; and
(E) to provide enhanced forest resource data and support for
improved implementation and monitoring of State forestry best-
management practices.
(3) Implementation
In the case of a participating State, the program of technical
assistance shall be implemented by State foresters or equivalent
State officials.
(d) Watershed forestry cost-share program
(1) In general
The Secretary shall establish a watershed forestry cost-share
program--
(A) which shall be--
(i) administered by the Forest Service; and
(ii) implemented by State foresters or equivalent State
officials in participating States; and
(B) under which funds or other support provided to
participating States shall be made available for State forestry
best-management practices programs and watershed forestry
projects.
(2) Watershed forestry projects
The State forester, an equivalent State official of a
participating State, or a Cooperative Extension official at a land
grant college or university or 1890 institution, in coordination
with the State Forest Stewardship Coordinating Committee established
under section 2113(b) of this title (or an equivalent committee) for
that State, shall make awards to communities, nonprofit groups, and
owners of nonindustrial private forest land under the program for
watershed forestry projects described in paragraph (3).
(3) Project elements and objectives
A watershed forestry project shall accomplish critical forest
stewardship, watershed protection, and restoration needs within a
State by demonstrating the value of trees and forests to watershed
health and condition through--
(A) the use of trees as solutions to water quality problems
in urban and rural areas;
(B) community-based planning, involvement, and action
through State, local, and nonprofit partnerships;
(C) application of and dissemination of monitoring
information on forestry best-management practices relating to
watershed forestry;
(D) watershed-scale forest management activities and
conservation planning; and
(E)(i) the restoration of wetland (as defined by the States)
and stream-side forests; and
(ii) the establishment of riparian vegetative buffers.
(4) Cost-sharing
(A) Federal share
(i) Funds under this subsection
Funds provided under this subsection for a watershed
forestry project may not exceed 75 percent of the cost of
the project.
(ii) Other Federal funds
The percentage of the cost of a project described in
clause (i) that is not covered by funds made available under
this subsection may be paid using other Federal funding
sources, except that the total Federal share of the costs of
the project may not exceed 90 percent.
(B) Form
The non-Federal share of the costs of a project may be
provided in the form of cash, services, or other in-kind
contributions.
(5) Prioritization
The State Forest Stewardship Coordinating Committee for a State,
or equivalent State committee, shall prioritize watersheds in that
State to target watershed forestry projects funded under this
subsection.
(6) Watershed forester
Financial and technical assistance shall be made available to
the State Forester or equivalent State official to create a State
watershed or best-management practice forester position to--
(A) lead statewide programs; and
(B) coordinate watershed-level projects.
(e) Distribution
(1) In general
Of the funds made available for a fiscal year under subsection
(g) of this section, the Secretary shall use--
(A) at least 75 percent of the funds to carry out the cost-
share program under subsection (d) of this section; and
(B) the remainder of the funds to deliver technical
assistance, education, and planning, at the local level, through
the State Forester or equivalent State official.
(2) Special considerations
Distribution of funds by the Secretary among States under
paragraph (1) shall be made only after giving appropriate
consideration to--
(A) the acres of agricultural land, nonindustrial private
forest land, and highly erodible land in each State;
(B) the miles of riparian buffer needed;
(C) the miles of impaired stream segments and other impaired
water bodies where forestry practices can be used to restore or
protect water resources;
(D) the number of owners of nonindustrial private forest
land in each State; and
(E) water quality cost savings that can be achieved through
forest watershed management.
(f) Willing owners
(1) In general
Participation of an owner of nonindustrial private forest land
in the watershed forestry assistance program under this section is
voluntary.
(2) Written consent
The watershed forestry assistance program shall not be carried
out on nonindustrial private forest land without the written consent
of the owner of, or entity having definitive decisionmaking over,
the nonindustrial private forest land.
(g) Authorization of appropriations
There is authorized to be appropriated to carry out this section
$15,000,000 for each of fiscal years 2004 through 2008.
(Pub. L. 95-313, Sec. 6, as added Pub. L. 108-148, title III, Sec. 302,
Dec. 3, 2003, 117 Stat. 1903.)
Prior Provisions
A prior section 2103b, Pub. L. 95-313, Sec. 6, as added Pub. L. 101-
624, title XII, Sec. 1216, Nov. 28, 1990, 104 Stat. 3526, established
the Stewardship Incentive Program, prior to repeal by Pub. L. 107-171,
title VIII, Sec. 8001(a), May 13, 2002, 116 Stat. 468.
A prior section 6 of Pub. L. 95-313 was renumbered section 9 and is
classified to section 2105 of this title.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC2103c]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2103c. 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.
(b) State and regional forest legacy programs
The Secretary shall exercise the authority under subsection (a) of
this section in conjunction with State or regional programs that the
Secretary deems consistent with this section.
(c) Interests in land
In addition to the authorities granted under section 515 of this
title and section 428a(a) of title 7, the Secretary may acquire from
willing landowners lands and interests therein, including conservation
easements and rights of public access, for Forest Legacy Program
purposes. The Secretary shall not acquire 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) of
this section may be held in perpetuity for program and easement
administration purposes as the Secretary may provide. In
administering lands and interests therein under the program, the
Secretary 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 shall establish
a regional program in furtherance of the Northern Forest Lands Study
in the States of New York, New Hampshire, Vermont, and Maine under
Public Law 100-446. The Secretary 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 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
Forest Stewardship Coordinating Committees established under section
2113(b) of this title and similar regional organizations, the Secretary
shall establish eligibility criteria for the designation of forest areas
from which lands may be entered into the Forest Legacy Program and
subsequently select such appropriate areas. To be eligible, such areas
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 shall give priority
to lands which can be effectively protected and managed, and which have
important scenic or recreational values; riparian areas; fish and
wildlife values, including threatened and endangered species; or other
ecological values.
(f) Application
For areas included in the Forest Legacy Program, an owner 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 may prescribe. The Secretary shall give reasonable
advance notice for the submission of all applications to the State
forester, equivalent State official, or other appropriate State or
regional natural resource management agency. If applications exceed the
ability of the Secretary to fund them, priority shall be given to those
forest areas having the greatest need for protection pursuant to the
criteria described in subsection (e) of this section.
(g) State consent
Where a State has not approved the acquisition of land under section
515 of this title, the Secretary shall not acquire lands or interests
therein under authority granted by this section outside an area of that
State designated as a part of a program established under subsection (b)
of this section.
(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 entered in the Forest Legacy
Program insofar as the Secretary deems such activities consistent
with the purposes of this section.
(2) Assignment of responsibilities
For Forest Legacy Program areas, the Secretary 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) \1\ of this section, 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.
---------------------------------------------------------------------------
\1\ So in original. Probably should be subsection ``(c)''.
---------------------------------------------------------------------------
(j) Compensation and cost sharing
(1) Compensation
The Secretary 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
standards and procedures.
(2) Cost sharing
In accordance with terms and conditions that the Secretary shall
prescribe, costs for the acquisition of lands or interests therein
or project costs shall be shared among participating entities
including regional organizations, State and other governmental
units, landowners, corporations, or private organizations. Such
costs may include, but are not limited to, those associated with
planning, administration, property acquisition, 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 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 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 law for re-recordation or
renewal of the easement; or
(D) any future disestablishment of a Forest Legacy Program
area or other Federal project for which the conservation
easement was originally acquired.
(3) Construction
Notwithstanding any provision of State 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.
(l) Optional State grants
(1) In general
The Secretary shall, at the request of a participating State,
provide a grant to the State to carry out the Forest Legacy Program
in the State.
(2) Administration
If a State elects to receive a grant under this subsection--
(A) the Secretary shall use a portion of the funds made
available under subsection (m) of this section, as determined by
the Secretary, to provide a grant to the State; and
(B) the State shall use the grant to carry out the Forest
Legacy Program in the State, including the acquisition by the
State 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 may
require (including the requirements described in subparagraph
(B)), the Secretary may, at the request of the State of Vermont,
convey to the State, by quitclaim deed, without consideration,
any land or interest in land acquired in the State under the
Forest Legacy Program.
(B) Requirements
In conveying land or an interest in land under subparagraph
(A), the Secretary 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 of
Vermont, the State shall--
(I) reimburse the Secretary 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 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 under subparagraph (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.
(Pub. L. 95-313, Sec. 7, as added Pub. L. 101-624, title XII, Sec. 1217,
Nov. 28, 1990, 104 Stat. 3528; amended Pub. L. 102-237, title X,
Sec. 1018(a)(2), Dec. 13, 1991, 105 Stat. 1905; Pub. L. 104-127, title
III, Sec. 374, Apr. 4, 1996, 110 Stat. 1015; Pub. L. 108-108, title III,
Sec. 336, Nov. 10, 2003, 117 Stat. 1313.)
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, Sec. 1018(a)(2)(A),
substituted ``November 28, 1991'' for ``1 year after November 28,
1990''.
Subsec. (e). Pub. L. 102-237, Sec. 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, Sec. 1018(a)(2)(C), substituted
``subsection (e)'' for ``subsection (d)''.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC2104]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 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) of this section 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 5 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) of this section.
(i) Integrated pest management
(1) In general
Subject to the provisions of subsections (c) and (e) of this
section, 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.
(Pub. L. 95-313, Sec. 8, formerly Sec. 5, July 1, 1978, 92 Stat. 368;
renumbered Sec. 8 and amended Pub. L. 101-624, title XII, Secs. 1215(1),
1218, Nov. 28, 1990, 104 Stat. 3525, 3531.)
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, Sec. 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
section 347 of title III of section 101(e) of division A of Public Law
105-277 [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,
Sec. 338, Oct. 11, 2000, 114 Stat. 998, as amended by Pub. L. 107-20,
title II, Sec. 2604, July 24, 2001, 115 Stat. 178.
Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 347], Oct. 21,
1998, 112 Stat. 2681-231, 2681-298, as amended by Pub. L. 106-113, div.
B, Sec. 1000(a)(3) [title III, Sec. 341], Nov. 29, 1999, 113 Stat. 1535,
1501A-201; Pub. L. 107-63, title III, Sec. 332, Nov. 5, 2001, 115 Stat.
471; Pub. L. 108-7, div. F, title III, Sec. 323, Feb. 20, 2003, 117
Stat. 275, provided that:
``(a) In General.--Until September 30, 2013, the Forest Service and
the Bureau of Land Management, via agreement or contract as appropriate,
may enter into stewardship contracting projects with private persons or
other public or private entities to perform services to achieve land
management goals for the national forests and the public lands that meet
local and rural community needs.
``(b) Land Management Goals.--The land management goals of a project
under subsection (a) may include, among other things--
``(1) road and trail maintenance or obliteration to restore or
maintain water quality;
``(2) soil productivity, habitat for wildlife and fisheries, or
other resource values;
``(3) setting of prescribed fires to improve the composition,
structure, condition, and health of stands or to improve wildlife
habitat;
``(4) removing vegetation or other activities to promote healthy
forest stands, reduce fire hazards, or achieve other land management
objectives;
``(5) watershed restoration and maintenance;
``(6) restoration and maintenance of wildlife and fish habitat;
and
``(7) control of noxious and exotic weeds and reestablishing
native plant species.
``(c) Agreements or Contracts.--
``(1) Procurement procedure.--A source for performance of an
agreement or contract under subsection (a) shall be selected on a
best-value basis, including consideration of source under other
public and private agreements or contracts.
``(2) Term.--A multiyear contract may be entered into under
subsection (a) in accordance with section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 254c),
except that the period of the contract may exceed 5 years but may
not exceed 10 years.
``(3) Offsets.--
``(A) In general.--In connection with agreement or contracts
under subsection (a), the Forest Service and the Bureau of Land
Management may apply the value of timber or other forest
products removed as an offset against the cost of services
received.
``(B) Methods of appraisal.--The value of timber or other
forest products used as offsets under subparagraph (A)--
``(i) shall be determined using appropriate methods of
appraisal commensurate with the quantity of products to be
removed;
``(ii) may be determined using a unit of measure
appropriate to the agreement or contracts; and
``(iii) may include valuing products on a per-acre
basis.
``(4) Relation to other laws.--The Forest Service may enter into
agreement or contracts under subsection (a), notwithstanding
subsections (d) and (g) of section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a).
``(5) Contracting officer.--Notwithstanding any other provision
of law, the Secretary of Agriculture or the Secretary of the
Interior may determine the appropriate contracting officer to enter
into and administer an agreement or contract under subsection (a).
``(d) Receipts.--
``(1) In general.--The Forest Service and the Bureau of Land
Management may collect monies from an agreement or contract under
subsection (a) so long as such collection is a secondary objective
of negotiating contracts that will best achieve the purposes of this
section.
``(2) Use.--Monies from an agreement or contract under
subsection (a) may be retained by the Forest Service and the Bureau
of Land Management and shall be available for expenditure without
further appropriation at the project site from which the monies are
collected or at another project site.
``(3) Relation to other laws.--The value of services received by
the Forest Service or the Bureau of Land Management under a
stewardship contract project conducted under this section, and any
payments made or resources provided by the contractor or the Forest
Service or the Bureau of Land Management under such a project, shall
not be considered to be monies received from the National Forest
System or the public lands under any provision of law. The Act of
June 9, 1930 (16 U.S.C. 576 et seq.; commonly known as the Knutson-
Vandenberg Act), shall not apply to stewardship contracts entered
into under this section.
``(e) Costs of Removal.--The Forest Service may collect deposits
from contractors covering the costs of removal of timber or other forest
products pursuant to the Act of August 11, 1916 (39 Stat. 462, chapter
313; 16 U.S.C. 490); and the next to the last paragraph under the
heading `Forest Service.' under the heading `Department of Agriculture'
in the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498);
notwithstanding the fact that the timber purchasers did not harvest the
timber.
``(f) Performance and Payment Guarantees.--
``(1) In general.--The Forest Service and the Bureau of Land
Management may require performance and payment bonds, in accordance
with sections 103-2 and 103-2 of part 28 of the Federal Acquisition
Regulation (48 C.F.R. 28.103-2, 28.103-3), in an amount that the
contracting officer considers sufficient to protect the Government's
investment in receipts generated by the contractor from the
estimated value of the forest products to be removed under contract
under subsection (a).
``(2) Excess offset value.--If the offset value of the forest
products exceeds the value of the resource improvement treatments,
the Forest Service and the Bureau of Land Management may--
``(A) collect any residual receipts pursuant to the Act of
June 9, 1930 (46 Stat. 527, chapter 416; 16 U.S.C. 576b); and
``(B) apply the excess to other authorized stewardship
projects.
``(g) Monitoring, Evaluation and Reporting.--The Forest Service and
the Bureau of Land Management shall establish a multiparty monitoring
and evaluation process that accesses the stewardship contracting
projects conducted under this section. Besides the Forest Service and
the Bureau of Land Management, participants in this process may include
any cooperating governmental agencies, including tribal governments, and
any interested groups or individuals. The Forest Service and the Bureau
of Land Management shall report annually to the Committee on
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate on--
``(1) the status of development, execution, and administration
of agreements or contracts under subsection (a);
``(2) the specific accomplishments that have resulted; and
``(3) the role of local communities in development of agreements
or contract plans.''
Herger-Feinstein Quincy Library Group Forest Recovery
Pub. L. 105-277, div. A, Sec. 101(e) [title IV], Oct. 21, 1998, 112
Stat. 2681-231, 2681-305, as amended by Pub. L. 107-171, title VI,
Sec. 6201(d)(5), May 13, 2002, 116 Stat. 419, provided that:
``Sec. 401. Pilot Project for Plumas, Lassen, and Tahoe National
Forests to Implement Quincy Library Group Proposal. (a) Definition.--For
purposes of this section, the term `Quincy Library Group-Community
Stability Proposal' means the agreement by a coalition of
representatives of fisheries, timber, environmental, county government,
citizen groups, and local communities that formed in northern California
to develop a resource management program that promotes ecologic and
economic health for certain Federal lands and communities in the Sierra
Nevada area. Such proposal includes the map entitled `QUINCY LIBRARY
GROUP Community Stability Proposal', dated October 12, 1993, and
prepared by VESTRA Resources of Redding, California.
``(b) Pilot Project Required.--
``(1) Pilot project and purpose.--The Secretary of Agriculture
(in this section referred to as the `Secretary'), acting through the
Forest Service and after completion of an environmental impact
statement (a record of decision for which shall be adopted within
300 days), shall conduct a pilot project on the Federal lands
described in paragraph (2) to implement and demonstrate the
effectiveness of the resource management activities described in
subsection (d) and the other requirements of this section, as
recommended in the Quincy Library Group-Community Stability
Proposal.
``(2) Pilot project area.--The Secretary shall conduct the pilot
project on the Federal lands within Plumas National Forest, Lassen
National Forest, and the Sierraville Ranger District of Tahoe
National Forest in the State of California designated as `Available
for Group Selection' on the map entitled `QUINCY LIBRARY GROUP
Community Stability Proposal', dated October 12, 1993 (in this
section referred to as the `pilot project area'). Such map shall be
on file and available for inspection in the appropriate offices of
the Forest Service.
``(c) Exclusion of Certain Lands, Riparian Protection and
Compliance.--
``(1) Exclusion.--All spotted owl habitat areas and protected
activity centers located within the pilot project area designated
under subsection (b)(2) will be deferred from resource management
activ
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 16USC2105]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2105. Urban and community forestry assistance
(a) Findings
The Congress finds that--
(1) the health of forests in urban areas and communities,
including cities, their suburbs, and towns, in the United States is
on the decline;
(2) forest lands, shade trees, and open spaces in urban areas
and communities improve the quality of life for residents;
(3) forest lands and associated natural resources enhance the
economic value of residential and commercial property in urban and
community settings;
(4) urban trees are 15 times more effective than forest trees at
reducing the buildup of carbon dioxide and aid in promoting energy
conservation through mitigation of the heat island effect in urban
areas;
(5) tree plantings and ground covers such as low growing dense
perennial turfgrass sod in urban areas and communities can aid in
reducing carbon dioxide emissions, mitigating the heat island
effect, and reducing energy consumption, thus contributing to
efforts to reduce global warming trends;
(6) efforts to encourage tree plantings and protect existing
open spaces in urban areas and communities can contribute to the
social well-being and promote a sense of community in these areas;
and
(7) strengthened research, education, technical assistance, and
public information and participation in tree planting and
maintenance programs for trees and complementary ground covers for
urban and community forests are needed to provide for the protection
and expansion of tree cover and open space in urban areas and
communities.
(b) Purposes
The purposes of this section are to--
(1) improve understanding of the benefits of preserving existing
tree cover in urban areas and communities;
(2) encourage owners of private residences and commercial
properties to maintain trees and expand forest cover on their
properties;
(3) provide education programs and technical assistance to State
and local organizations (including community associations and
schools) in maintaining forested lands and individual trees in urban
and community settings and identifying appropriate tree species and
sites for expanding forest cover;
(4) provide assistance through competitive matching grants
awarded to local units of government, approved organizations that
meet the requirements of section 501(c)(3) of title 26, or other
local community tree volunteer groups, for urban and community
forestry projects;
(5) implement a tree planting program to complement urban and
community tree maintenance and open space programs and to reduce
carbon dioxide emissions, conserve energy, and improve air quality
in addition to providing other environmental benefits;
(6) promote the establishment of demonstration projects in
selected urban and community settings to illustrate the benefits of
maintaining and creating forest cover and trees;
(7) enhance the technical skills and understanding of sound tree
maintenance and arboricultural practices including practices
involving the cultivation of trees, shrubs and complementary ground
covers, of individuals involved in the planning, development, and
maintenance of urban and community forests and trees; and
(8) expand existing research and educational efforts intended to
improve understanding of--
(A) tree growth and maintenance, tree physiology and
morphology, species adaptations, and forest ecology,
(B) the value of integrating trees and ground covers,
(C) the economic, environmental, social, and psychological
benefits of trees and forest cover in urban and community
environments, and
(D) the role of urban trees in conserving energy and
mitigating the urban heat island.
(c) General authority
The Secretary is authorized to provide financial, technical, and
related assistance to State foresters or equivalent State officials for
the purpose of encouraging States to provide information and technical
assistance to units of local government and others that will encourage
cooperative efforts to plan urban forestry programs and to plant,
protect, and maintain, and utilize wood from, trees in open spaces,
greenbelts, roadside screens, parks, woodlands, curb areas, and
residential developments in urban areas. In providing such assistance,
the Secretary is authorized to cooperate with interested members of the
public, including nonprofit private organizations. The Secretary is also
authorized to cooperate directly with units of local government and
others in implementing this section whenever the Secretary and the
affected State forester or equivalent State official agree that direct
cooperation would better achieve the purposes of this section.
(d) Program of education and technical assistance
The Secretary, in cooperation with State foresters and State
extension directors or equivalent State officials and interested members
of the public, including nonprofit private organizations, shall
implement a program of education and technical assistance for urban and
community forest resources. The program shall be designed to--
(1) assist urban areas and communities in conducting inventories
of their forest resources, including inventories of the species,
number, location, and health of trees in urban areas and
communities, identifying opportunities for the establishment of
plantings for the purposes of conserving energy, and determining the
status of related resources (including fish and wildlife habitat,
water resources, and trails);
(2) assist State and local organizations (including community
associations and schools) in organizing and conducting urban and
community forestry projects and programs;
(3) improve education and technical support in--
(A) selecting tree species appropriate for planting in urban
and community environments and for promotion of energy
conservation;
(B) providing for proper tree planting, maintenance, and
protection in urban areas and communities;
(C) protecting individual trees and preserving existing open
spaces with or without tree cover; and
(D) identifying opportunities for expanding tree cover in
urban areas and communities;
(4) assist in the development of State and local management
plans for trees and associated resources in urban areas and
communities; and
(5) increase public understanding of the energy conservation,
economic, social, environmental, and psychological values of trees
and open space in urban and community environments and expand
knowledge of the ecological relationships and benefits of trees and
related resources in these environments.
(e) Procurement of plant materials
The Secretary, in cooperation with State foresters or equivalent
State officials, shall assist in identifying sources of plant materials
and may procure or otherwise obtain such plant materials from public or
private sources and may make such plant materials available to urban
areas and communities for the purpose of reforesting open spaces,
replacing dead and dying urban trees, promoting energy conservation, and
providing other environmental benefits through expanding tree cover in
urban areas and communities.
(f) Challenge cost-share program
(1) In general
The Secretary shall establish an urban and community forestry
challenge cost-share program. Funds or other support shall be
provided under such program to eligible communities and
organizations, on a competitive basis, for urban and community
forestry projects. The Secretary shall annually make awards under
the program in accordance with criteria developed in consultation
with, and after consideration of recommendations received from, the
National Urban and Community Forestry Advisory Council established
under subsection (g) of this section. Each State forester or
equivalent State official may make recommendations to the Secretary
for awards under the program for project proposals in their State
which meet such criteria. Awards shall be consistent with the cost-
share requirements of this section.
(2) Cost-sharing
The Federal share of support for a project provided under this
subsection may not exceed 50 percent of the support for that project
and shall be provided on a matching basis. The non-Federal share of
such support may be in the form of cash, services, or in-kind
contributions.
(g) Forestry Advisory Council
(1) Establishment and purpose
The Secretary shall establish a National Urban and Community
Forestry Advisory Council (hereafter in this section referred to as
the ``Council'') for the purpose of--
(A) developing a national urban and community forestry
action plan;
(B) evaluating the implementation of that plan; and
(C) developing criteria for, and submitting recommendations
with respect to, the urban and community forestry challenge
cost-share program under subsection (f) of this section.
(2) Composition and operation
(A) Composition
The Council shall be composed of 15 members appointed by the
Secretary, as follows:
(i) 2 members representing national nonprofit forestry
and conservation citizen organizations,
(ii) 3 members, 1 each representing State, county, and
city and town governments,
(iii) 1 member representing the forest products,
nursery, or related industries,
(iv) 1 member representing urban forestry, landscape, or
design consultants,
(v) 2 members representing academic institutions with an
expertise in urban and community forestry activities,
(vi) 1 member representing State forestry agencies or
equivalent State agencies,
(vii) 1 member representing a professional renewable
natural resource or arboricultural society,
(viii) 1 member from the Extension Service,
(ix) 1 member from the Forest Service, and
(x) 2 members who are not officers or employees of any
governmental body, 1 of whom is a resident of a community
with a population of less than 50,000 as of the most recent
census and both of whom have expertise and have been active
in urban and community forestry.
(B) Vacancy
A vacancy in the Council shall be filled in the manner in
which the original appointment was made.
(C) Chairperson
The Secretary shall select 1 member, from members appointed
to the Council, who is not an officer or employee of the United
States nor any State, county, city, or town government, who
shall serve as the chairperson of the Council.
(D) Terms
(i) In general
Except as provided in clauses (ii) and (iii) of this
paragraph, members shall be appointed for terms of 3 years,
and no member may serve more than 2 consecutive terms on the
Council.
(ii) Staggered terms
Of the members first appointed--
(I) 5, including the chairperson and 2 governmental
employees, shall be appointed for a term of 3 years,
(II) 5, including 2 governmental employees, shall be
appointed for a term of 2 years, and
(III) 5, including 2 governmental employees, shall
be appointed for a term of 1 year, as designated by the
Secretary at the time of appointment.
(iii) Continuation
Any member appointed to fill a vacancy occurring before
the expiration of the term of the member's predecessor shall
be appointed only for the remainder of such term. A member
may serve after the expiration of the member's term until
the member's successor has taken office.
(E) Compensation
(i) In general
Except as provided in clause (ii), members of the
Council shall serve without pay, but may be reimbursed for
reasonable costs incurred while in the actual performance of
duties vested in the Council.
(ii) Federal officers and employees
Members of the Council who are full-time officers or
employees of the United States shall receive no additional
pay, allowances, or benefits by reason of their service on
the Council.
(iii) Financial and administrative support
The Secretary shall provide financial and administrative
support for the Council.
(3) Urban and Community Forestry Action Plan
Within 1 year after November 28, 1990, and every 10 years
thereafter, the Council shall prepare a National Urban and Community
Forestry Action Plan. The plan shall include (but not be limited to)
the following:
(A) An assessment of the current status of urban forest
resources in the United States.
(B) A review of urban and community forestry programs and
activities in the United States, including education and
technical assistance activities conducted by the Department of
Agriculture, and other Federal agencies, the State forestry
organizations, private industry, private nonprofit
organizations, community and civic organizations and interested
others.
(C) Recommendations for improving the status of the Nation's
urban and community forest resources, including education and
technical assistance and modifications required in existing
programs and policies of relevant Federal agencies.
(D) A review of urban and community forestry research,
including--
(i) a review of all ongoing research associated with
urban and community forests, arboricultural practices, and
the economic, social, and psychological benefits of trees
and forest cover in urban and community environments being
conducted by the Forest Service, other Federal agencies, and
associated land grant colleges and universities;
(ii) recommendations for new and expanded research
efforts directed toward urban and community forestry
concerns; and
(iii) a summary of research priorities and an estimate
of the funds needed to implement such research, on an annual
basis, for the next 10 years.
(E) Proposed criteria for evaluating proposed projects under
the urban and community forestry challenge cost share program
under subsection (f) of this section, with special emphasis
given to projects that would demonstrate the benefits of
improved forest management (including the maintenance and
establishment of forest cover and trees) in urban areas and
communities.
(F) An estimate of the resources needed to implement the
National Urban and Community Forestry Action Plan for the
succeeding 10 fiscal years.
(4) Amendment of plan
The plan may be amended by a majority of the Council members.
Such amendments shall be incorporated into the Council's annual
review of the plan submitted to the Secretary pursuant to paragraph
(5) of this subsection.
(5) Review of plan
The Council shall submit the plan to the Secretary and the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate upon
its completion. Beginning no later than one year after the plan is
submitted and annually thereafter, the Council shall submit a review
of the plan to the Secretary no later than December 31. The review
shall consist of--
(A) the Council's assessment of prior year accomplishments
in research, education, technical assistance, and related
activities in urban and community forestry;
(B) the Council's recommendations for research, education,
technical assistance, and related activities in the succeeding
year; and
(C) the Council's recommendations for the urban and
community forestry challenge cost share projects to be funded
during the succeeding year.
The review submitted to the Secretary shall be incorporated into the
annual report required under section 1601(d) of this title.
(6) Detail of personnel
Upon request of the Council, the Secretary is authorized to
detail, on a reimbursable basis, any of the personnel of the
Department of Agriculture to the Council to assist the Council in
carrying out its duties under this chapter.
(h) Definitions
For the purposes of this section--
(1) the term ``Council'' means the National Urban and Community
Forestry Advisory Council established under subsection (g) of this
section;
(2) the term ``plan'' means the National Urban and Community
Forestry Action Plan developed under subsection (g)(3) of this
section; and
(3) the term ``urban and community area'' includes cities, their
suburbs, and towns.
(i) Authorization of appropriations
There are hereby authorized to be appropriated $30,000,000 for each
of the fiscal years 1991 through 1995, and such sums as may be necessary
for each fiscal year thereafter, for the implementation of this section.
(Pub. L. 95-313, Sec. 9, formerly Sec. 6, July 1, 1978, 92 Stat. 369;
renumbered Sec. 9 and amended Pub. L. 101-624, title XII, Secs. 1215(1),
1219(a), Nov. 28, 1990, 104 Stat. 3525, 3533; Pub. L. 102-237, title X,
Sec. 1018(a)(3), Dec. 13, 1991, 105 Stat. 1905.)
Codification
November 28, 1990, referred to in subsec. (g)(3), was in the
original ``the date of enactment of this subsection'', which was
translated as meaning the date of enactment of Pub. L. 101-624, which
amended this section generally, to reflect the probable intent of
Congress.
Amendments
1991--Subsec. (g)(1)(C), (3)(E). Pub. L. 102-237,
Sec. 1018(a)(3)(A), (B), substituted ``subsection (f)'' for ``subsection
(e)''.
Subsec. (h)(1). Pub. L. 102-237, Sec. 1018(a)(3)(C), substituted
``subsection (g)'' for ``subsection (f)''.
Subsec. (h)(2). Pub. L. 102-237, Sec. 1018(a)(3)(D), substituted
``subsection (g)(3)'' for ``subsection (f)(3)''.
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions relating to Congressional findings
concerning urban forestry assistance, financial, technical, and related
assistance to State foresters or equivalent State officials to encourage
planning of urban forestry programs, and authorization of
appropriations.
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
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[Laws in effect as of January 3, 2006]
[CITE: 16USC2106]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2106. Rural fire prevention and control
(a) Congressional findings
Congress finds that--
(1) significant accomplishments have been made by the Secretary
and cooperating States in the prevention and control of fires on
forest lands and on nonforested watersheds for more than fifty
years;
(2) progress is being made by the Secretary and cooperating
States and rural communities in the protection of human lives,
agricultural crops and livestock, property and other improvements,
and natural resources from fires in rural areas;
(3) notwithstanding the accomplishments and progress that have
been made, fire prevention and control on rural lands and in rural
communities are of continuing high priority to protect human lives,
agricultural crops and livestock, property and other improvements,
and natural resources;
(4) the effective cooperative relationships between the
Secretary and the States regarding fire prevention and control on
rural lands and in rural communities should be retained and
improved;
(5) efforts in fire prevention and control in rural areas should
be coordinated among Federal, State, and local agencies; and
(6) in addition to providing assistance to State and local rural
fire prevention and control programs, the Secretary should provide
prompt and adequate assistance whenever a rural fire emergency
overwhelms, or threatens to overwhelm, the firefighting capability
of the affected State or rural area.
(b) Implementation of provisions
Notwithstanding the Federal Fire Prevention and Control Act of 1974
[15 U.S.C. 2201 et seq.] the Secretary is authorized, under whatever
conditions the Secretary may prescribe, to--
(1) cooperate with State foresters or equivalent State officials
in developing systems and methods for the prevention, control,
suppression, and prescribed use of fires on rural lands and in rural
communities that will protect human lives, agricultural crops and
livestock, property and other improvements, and natural resources;
(2) provide financial, technical, and related assistance to
State foresters or equivalent State officials, and through them to
other agencies and individuals, for the prevention, control,
suppression, and prescribed use of fires on non-Federal forest lands
and other non-Federal lands;
(3) provide financial, technical, and related assistance to
State foresters or equivalent State officials in cooperative efforts
to organize, train, and equip local firefighting forces, including
those of Indian tribes or other native groups, to prevent, control,
and suppress fires threatening human lives, crops, livestock,
farmsteads or other improvements, pastures, orchards, wildlife,
rangeland, woodland, and other resources in rural areas. As used
herein, the term ``rural areas'' shall have the meaning set out in
the first clause of section 1926(a)(7) \1\ of title 7; and
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(4) provide financial, technical, and related assistance to
State foresters or equivalent State officials, and through them to
other agencies and individuals, including rural volunteer fire
departments, to conduct preparedness and mobilization activities,
including training, equipping, and otherwise enabling State and
local firefighting agencies to respond to requests for fire
suppression assistance.
(c) Encouragement of use of excess personal property by State and local
fire forces receiving assistance; cooperation and assistance of
Administrator of General Services
The Secretary, with the cooperation and assistance of the
Administrator of General Services, shall encourage the use of excess
personal property (within the meaning of the Federal Property and
Administrative Services Act of 1949) by State and local fire forces
receiving assistance under this section.
(d) Coordination of assistance with assistance of Secretary of Commerce
under Federal fire prevention and control provisions
To promote maximum effectiveness and economy, the Secretary shall
seek to coordinate the assistance the Secretary provides under this
section with the assistance provided by the Secretary of Commerce under
the Federal Fire Prevention and Control Act of 1974 [15 U.S.C. 2201 et
seq.].
(e) Authorization of appropriations for implementation of provisions
(1) There are hereby authorized to be appropriated annually such
sums as may be needed to implement paragraphs (1), (2), and (3) of
subsection (b) of this section.
(2)(A) There are hereby authorized to be appropriated annually
$70,000,000 to carry out subsection (b)(4) of this section. Of the total
amount appropriated to carry out subsection (b)(4) of this section--
(i) one-half shall be available only for State foresters or
equivalent State officials, and through them to other agencies and
individuals, of which not less than $100,000 shall be made available
to each State; and
(ii) one-half shall be available only for rural volunteer fire
departments.
(B) The Federal share of the cost of any activity carried out with
funds made available pursuant to this paragraph may not exceed 50
percent of the cost of that activity. The non-Federal share for such
activity may be in the form of cash, services, or in kind contributions.
(f) Special rural fire disaster fund; establishment, appropriations,
etc.
There shall be established in the Treasury a special rural fire
disaster fund that shall be immediately available to and used by the
Secretary to supplement any other money available to carry out this
section with respect to rural fire emergencies, as determined by the
Secretary. The Secretary shall determine that State and local resources
are fully used or will be fully used before expending money in the
disaster fund to assist a State in which one or more rural fire
emergencies exist. There are hereby authorized to be appropriated such
sums as may be needed to establish and replenish the disaster fund
established by this subsection.
(g) Definitions
As used in this section--
(1) the term ``rural volunteer fire department'' means any
organized, not for profit, fire protection organization that
provides service primarily to a community or city with a population
of 10,000 or less or to a rural area, as defined by the Secretary,
whose firefighting personnel is 80 percent or more volunteer, and
that is recognized as a fire department by the laws of the State;
and
(2) the term ``mobilization'' means any activity in which one
firefighting organization assists another that has requested
assistance.
(Pub. L. 95-313, Sec. 10, formerly Sec. 7, July 1, 1978, 92 Stat. 370;
renumbered Sec. 10 and amended Pub. L. 101-624, title XII,
Secs. 1215(1), 1220, Nov. 28, 1990, 104 Stat. 3525, 3539; Pub. L. 102-
237, title X, Sec. 1018(a)(4), Dec. 13, 1991, 105 Stat. 1905.)
References in Text
The Federal Fire Prevention and Control Act of 1974, referred to in
subsecs. (b) and (d), is Pub. L. 93-498, Oct. 29, 1974, 88 Stat. 1535,
as amended, which is classified principally to chapter 49 (Sec. 2201 et
seq.) of Title 15, Commerce and Trade. For complete classification of
the Act to the Code, see Short Title note set out under section 2201 of
Title 15 and Tables.
Section 1926(a)(7) of title 7, referred to in subsec. (b)(3), was
repealed by Pub. L. 107-171, title VI, Sec. 6020(b)(1), May 13, 2002,
116 Stat. 363.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
Prior Provisions
A prior section 10 of Pub. L. 95-313 was renumbered section 13 and
is classified to section 2109 of this title.
Amendments
1991--Subsec. (g)(2). Pub. L. 102-237 substituted ``firefighting
organization'' for ``fire fighting organization''.
1990--Subsec. (b)(4). Pub. L. 101-624, Sec. 1220(a), added par. (4).
Subsec. (e). Pub. L. 101-624, Sec. 1220(b), designated existing
provisions as par. (1), inserted reference to paragraphs (1), (2), and
(3) of subsec. (b), and added par. (2).
Subsec. (g). Pub. L. 101-624, Sec. 1220(c), added subsec. (g).
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Functions vested in Secretary of Commerce pursuant to provisions of
Federal Fire Prevention Control Act of 1974, 15 U.S.C. 2201 et seq.,
transferred to Director of Federal Emergency Management Agency pursuant
to Reorg. Plan No. 3 of 1978, Sec. 201, June 19, 1978, 43 F.R. 41944, 92
Stat. 3788, set out in the Appendix to Title 5, Government Organization
and Employees, effective Apr. 1, 1979, as provided by Ex. Ord. No.
12127, Secs. 1-101, 1-103(a), Mar. 31, 1979, 44 F.R. 19637.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC2106a]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2106a. Emergency reforestation assistance
(a) In general
The Secretary of Agriculture is authorized to provide assistance
under this section to eligible landowners who suffer destruction of 35
percent or more of a commercial tree stand due to damaging weather,
related condition, or wildfire.
(b) Form of assistance
The assistance, if any, provided by the Secretary under this section
shall consist of either--
(1) reimbursement of up to 65 percent of the cost of
reestablishing such tree stand damaged by the damaging weather,
related condition, or wildfire in excess of 35 percent mortality; or
(2) at the discretion of the Secretary, provision of sufficient
tree seedlings to reestablish such tree stand.
(c) Conditions
(1) Limitation on assistance
No person may receive an amount in excess of $25,000 in any
fiscal year, or an equivalent value in tree seedlings, under this
section.
(2) Ineligibility
A person who has qualifying gross revenues in excess of
$2,000,000 annually, as determined by the Secretary, shall not be
eligible to receive any disaster payment or other benefits under
this section.
(3) Implementation
In implementing this section, the Secretary shall issue
regulations--
(A) defining the term ``person'' for the purposes of this
section that shall conform, to the extent practicable, to the
regulations defining the term ``person'' issued under section
1308 of title 7;
(B) prescribing such rules as the Secretary determines
necessary to ensure a fair and reasonable application of the
limitations established under this subsection; and
(C) ensuring that no person receives duplicative payments or
assistance under this section, the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101 et seq.), and the
environmental quality incentives program established under
chapter 4 of subtitle D of title XII of the Food Security Act of
1985 [16 U.S.C. 3839aa et seq.], or other Federal program.
(d) Definitions
As
From the U.S. Code Online via GPO Access
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[CITE: 16USC2106b]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2106b. Use of money collected from States for fire
suppression assistance
Any money collected from the States for fire suppression assistance
rendered by the Forest Service on non-Federal lands not in the vicinity
of National Forest System lands shall on and after October 21, 1998, be
used to reimburse the applicable appropriation and shall remain
available until expended as the Secretary may direct in conducting
activities authorized by 16 U.S.C. 2101 note, 2101-2110, 1606, and 2111.
(Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998, 112
Stat. 2681-231, 2681-273.)
Codification
Section was enacted as part of the Department of the Interior and
Related Agencies Appropriations Act, 1999, and also as part of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999, and not as part of the Cooperative Forestry Assistance Act of 1978
which comprises this chapter.
Similar Provisions
Provisions similar to this section were contained in the following
prior appropriation acts:
Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1577.
Pub. L. 104-208, div. A, title I, Sec. 101(d) [title II], Sept. 30,
1996, 110 Stat. 3009-181, 3009-208.
Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996, 110
Stat. 1321-156, 1321-185; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2524.
Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1403.
Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1402.
Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1018.
Pub. L. 101-512, title II, Nov. 5, 1990, 104 Stat. 1943.
Pub. L. 101-121, title II, Oct. 23, 1989, 103 Stat. 727.
Pub. L. 100-446, title II, Sept. 27, 1988, 102 Stat. 1810.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC2107]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2107. Financial, technical, and related assistance to
States
(a) Development of State organizations for protection and management of
non-Federal forest lands; scope of assistance; request by
officials
To aid in achieving maximum effectiveness in the programs and
activities conducted under this chapter, the Secretary is authorized to
provide financial, technical, and related assistance to State foresters
or equivalent State officials for the development of stronger and more
efficient State organizations that will enable them to fulfill better
their responsibilities for the protection and management of non-Federal
forest lands. Assistance under this subsection may include, but will not
be limited to, assistance in matters related to organization management,
program planning and management, budget and fiscal accounting services,
personnel training and management, information services, and
recordkeeping. Assistance under this subsection may be extended only
upon request by State foresters or equivalent State officials.
(b) Assembly, analysis, display, and reporting of State forest resources
data, resources planning, etc.; scope of assistance; other
statutory provisions unaffected
To ensure that data regarding forest lands are available for and
effectively presented in State and Federal natural resources planning,
the Secretary is authorized to provide financial, technical, and related
assistance to State foresters or equivalent State officials in the
assembly, analysis, display, and reporting of State forest resources
data, in the training of State forest resources planners, and in
participating in natural resources planning at the State and Federal
levels. The Secretary shall restrict assistance under this subsection to
the implementation of the forestry aspects of State and Federal natural
resources planning conducted under other laws. This subsection shall not
be construed, in any way whatsoever, as extending, limiting, amending,
repealing, or otherwise affecting any other law or authority.
(c) Technology implementation program; scope of program; availability of
funds; use of forest resources planning committees
To ensure that new technology is introduced, new information is
integrated into existing technology, and forest resources research
findings are promptly made available to State forestry personnel,
private forest landowners and managers, vendors, forest operators, wood
processors, public agencies, and individuals, the Secretary is
authorized to carry out a program of technology implementation.
(1) In implementing this subsection, the Secretary is authorized
to work through State foresters or equivalent State officials, and,
if the State forester or equivalent State official is unable to
deliver these services, the Secretary is authorized to act through
appropriate United States Department of Agriculture agencies,
subdivisions of States, agencies, institutions, organizations, or
individuals to--
(A) strengthen technical assistance and service programs of
cooperators participating in programs under this chapter by
applying research results and conducting pilot projects and
field tests of management and utilization practices, equipment,
and technologies, related to programs and activities authorized
under this chapter;
(B) study the effects of tax laws, methods, and practices on
forest management;
(C) develop and maintain technical information systems in
support of programs and activities authorized under this
chapter;
(D) test, evaluate, and seek registration of chemicals for
use in implementing the programs and activities authorized under
this chapter;
(E) conduct other activities, including training of State
forestry personnel whom the Secretary deems necessary to ensure
that the programs and activities authorized under this chapter
are responsive to special problems, unique situations, and
changing conditions.
(2) The Secretary may make funds available to cooperators under
this chapter without regard to the provisions of section 3324(a) and
(b) of title 31, which prohibits advances of public money.
(3) The Secretary shall use forest resources planning committees
at National and State levels in implementing this subsection.
(d) Authorization of appropriations
There are hereby authorized to be appropriated annually such sums as
may be needed to implement this section.
(Pub. L. 95-313, Sec. 11, formerly Sec. 8, July 1, 1978, 92 Stat. 371;
renumbered Sec. 11, Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28,
1990, 104 Stat. 3525.)
Codification
In subsec. (c)(2), ``section 3324(a) and (b) of title 31''
substituted for ``section 3648 of the Revised Statutes (31 U.S.C. 529)''
on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and Finance.
Prior Provisions
A prior section 11 of Pub. L. 95-313 was renumbered section 14 and
is classified to section 2110 of this title.
From the U.S. Code Online via GPO Access
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[CITE: 16USC2108]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2108. Consolidation of payments
(a) Request by State; excluded funds
To provide flexibility in funding activities authorized under this
chapter, the Secretary may, upon the request of any State, consolidate
the annual financial assistance payments to that State under this
chapter, in lieu of functional cost sharing mechanisms, formulas, or
agreements. However, consolidated payments shall not include money
appropriated under section 2103 of this title or money from any special
Treasury fund established under this chapter.
(b) State forest resources programs as basis
Consolidation of payments made under this section shall be based
upon State forest resources programs developed by State foresters or
equivalent State officials, and reviewed by the Secretary.
(c) Amount of payments
Consolidated payments to any State during any fiscal year shall not
exceed the total amount of non-Federal funds expended within the State
during that year to implement its State forest resources program.
However, the Secretary may make payments that exceed the non-Federal
amount expended for selected activities under the program, if the total
Federal expenditure during any fiscal year does not exceed the total
non-Federal expenditure during that year under the State forest
resources program.
(d) Certification requirement by State forester or equivalent State
official for Federal payment
The Secretary may make consolidated payments on the certificate of
the State forester or equivalent State official that the conditions for
Federal payment have been met.
(e) Administration of consolidated payments program not to adversely
affect, etc., other programs
The Secretary shall administer this section to ensure that the use
of consolidated payments does not adversely affect or eliminate any
program authorized under this chapter.
(f) Total annual amount of financial assistance to participating State;
financial assistance for special projects not to be included in
determining base amount
Subject to applicable appropriation Acts, the total annual amount of
financial assistance to any participating State after July 1, 1978,
shall not be less than the base amount of financial assistance provided
to that State under all the provisions of law specified in section 2111
of this title during the fiscal year in which this chapter is enacted.
However, financial assistance for special projects of two years or less
duration shall not be included in determining the base amount for any
participating State.
(Pub. L. 95-313, Sec. 12, formerly Sec. 9, July 1, 1978, 92 Stat. 372;
renumbered Sec. 12 and amended Pub. L. 101-624, title XII,
Secs. 1215(1), 1224(2), Nov. 28, 1990, 104 Stat. 3525, 3542.)
Prior Provisions
A prior section 12 of Pub. L. 95-313, which amended section 1606 of
this title and enacted provisions set out as a note under that section,
was renumbered section 15.
Amendments
1990--Subsec. (f). Pub. L. 101-624, Sec. 1224(2), made technical
amendment to reference to section 2111 of this title to reflect
renumbering of corresponding section of original act.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC2109]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2109. General provisions
(a) Cooperative and coordinating requirements for implementation of
programs, etc.
In implementing this chapter, the Secretary shall, to the maximum
extent practicable--
(1) work through, cooperate with, and assist State foresters or
equivalent State officials;
(2) encourage cooperation and coordination between State
foresters or equivalent State officials and other State agencies
that manage renewable natural resources;
(3) use and encourage cooperators under this chapter to use,
private agencies, consultants, organizations, firms, and individuals
to furnish necessary materials and services; and
(4) promote effectiveness and economy by coordinating the direct
actions and assistance authorized under this chapter with related
programs the Secretary administers, and with cooperative programs of
other agencies.
(b) Availability of appropriations
Money appropriated under this chapter shall remain available until
expended.
(c) Consultation requirements for implementation of programs, etc.
Requirements for the development of State forest resources programs
and State participation in management assistance, planning assistance,
and technology implementation, the apportionment of funds among States
participating under this chapter, the administrative expenses in
connection with activities and programs under this chapter, and the
amounts to be expended by the Secretary to assist non-State cooperators
under this chapter, shall be determined by the Secretary in consultation
with a committee of not less than five State foresters or equivalent
State officials selected by a majority of the State foresters or
equivalent State officials from States participating in programs under
this chapter. However, the Secretary need not consult with such
committee regarding funds to be expended under emergency conditions that
the Secretary may determine.
(d) Definitions
For the purposes of this chapter--
(1) The terms ``United States'' and ``State'' shall include each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States, the
Commonwealth of the Northern Mariana Islands, the Trust Territory of
the Pacific Islands, and the territories and possessions of the
United States;
(2) The term ``forest resources'' shall include esthetics, fish
and wildlife, forage, outdoor recreation opportunities, timber, and
water; and
(3) The term ``urban forestry'' means the planning,
establishment, protection, and management of trees and associated
plants, individually, in small groups, or under forest conditions
within cities, their suburbs, and towns.
(e) Rules and regulations
The Secretary may prescribe rules and regulations, as the Secretary
deems appropriate, to implement the provisions of this chapter.
(f) Granting, etc., authorities
The Secretary is authorized to make grants, agreements, contracts,
and other arrangements the Secretary deems necessary to implement this
chapter.
(g) Construction of statutory provisions
This chapter shall be construed as supplementing all other laws
relating to the Department of Agriculture and shall not be construed as
limiting or repealing any existing law or authority of the Secretary,
except as specifically cited in section 2111 of this title.
(h) Additional assistance
In addition to the authority provided elsewhere in this chapter, the
Secretary may provide assistance to other countries with respect to the
activities described in paragraphs (1) through (10) of section 2102(b)
of this title, paragraphs (1) through (5) of section 2104(b) \1\ of this
title, and paragraphs (1) through (3) of section 2105(b) of this title.
For the purposes of providing assistance to other countries under this
subsection, the term ``non-Federal forest land'' shall mean any forest
land and related renewable natural resources in such countries. In
providing the assistance authorized under this subsection, the Secretary
shall coordinate with other Federal officials, departments, agencies, or
international organizations, as the President may direct. The references
to ``State foresters or equivalent State officials'' in this chapter
shall not apply to the assistance provided by the Secretary to other
countries under this subsection.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(Pub. L. 95-313, Sec. 13, formerly Sec. 10, July 1, 1978, 92 Stat. 373;
Pub. L. 101-513, title VI, Sec. 611(b)(3), formerly Sec. 607(b)(3), Nov.
5, 1990, 104 Stat. 2072, renumbered Sec. 611(b)(3), Pub. L. 102-574,
Sec. 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; renumbered Sec. 13 and
amended Pub. L. 101-624, title XII, Secs. 1215(1), 1224(3), Nov. 28,
1990, 104 Stat. 3525, 3542.)
References in Text
Section 2104(b) of this title, referred to in subsec. (h), was in
the original a reference to section 7(b), meaning section 7(b) of Pub.
L. 95-313, which has been translated as reading section 8(b) of Pub. L.
95-313 as the probable intent of Congress. Section 7(b) of Pub. L. 95-
313, which is classified to section 2103c of this title, does not
contain pars. (1) to (5).
Prior Provisions
A prior section 13 of Pub. L. 95-313 was renumbered section 16 and
is classified to section 2111 of this title.
Amendments
1990--Subsec. (g). Pub. L. 101-624, Sec. 1224(3), made technical
amendment to reference to section 2111 of this title to reflect
renumbering of corresponding section of original act.
Subsec. (h). Pub. L. 101-513, which directed amendment of section 12
of Pub. L. 95-313 by adding a new subsec. (h), was executed to this
section to reflect the probable intent of Congress.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
From the U.S. Code Online via GPO Access
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[CITE: 16USC2110]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2110. Statement of limitation
This chapter shall not authorize the Federal Government to regulate
the use of private land or to deprive owners of land of their rights to
property or to income from the sale of property, unless such property
rights are voluntarily conveyed or limited by contract or other
agreement. This chapter does not diminish in any way the rights and
responsibilities of the States and political subdivisions of States.
(Pub. L. 95-313, Sec. 14, formerly Sec. 11, July 1, 1978, 92 Stat. 374;
renumbered Sec. 14 and amended Pub. L. 101-624, title XII,
Secs. 1215(1), 1221, Nov. 28, 1990, 104 Stat. 3525, 3540.)
Prior Provisions
A prior section 14 of Pub. L. 95-313 was renumbered section 17 and
is set out as a note under section 2101 of this title.
Amendments
1990--Pub. L. 101-624, Sec. 1221, amended section generally. Prior
to amendment, section read as follows: ``This chapter does not authorize
the Federal Government to regulate the use of private land or to deprive
owners of land of their rights to property or to income from the sale of
property, and this chapter does not diminish in any way the rights and
responsibilities of the States and political subdivisions of States.''
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 16USC2111]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2111. Other Federal programs
(a) Repeal of statutory authorities
The following laws, and portions of laws, are hereby repealed:
(1) sections 1, 2, 3, and 4 of the Act of June 7, 1924, known as
the Clarke-McNary Act (43 Stat. 653-654, as amended; 16 U.S.C. 564,
565, 566, 567);
(2) the Act of April 26, 1940, known as the White Pine Blister
Rust Protection Act (54 Stat. 168; 16 U.S.C. 594a);
(3) the Forest Pest Control Act;
(4) the Cooperative Forest Management Act;
(5) section 401 of the Agricultural Act of 1956 [16 U.S.C.
568e];
(6) title IV of the Rural Development Act of 1972 [7 U.S.C. 2651
et seq.]; and
(7) section 1009 and the proviso to section 1010 \1\ of the
Agricultural Act of 1970, as added by the Agriculture and Consumer
Protection Act of 1973 [16 U.S.C. 1509, 1510].
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(b) Force and effect of contracts and cooperative and other agreements
under cooperative forestry programs executed under authority of
repealed statutes
Contracts and cooperative and other agreements under cooperative
forestry programs executed under authority of the Acts, or portions
thereof, repealed under subsection (a) of this section shall remain in
effect until revoked or amended by their own terms or under other
provisions of law.
(c) Availability of funds appropriated under authority of repealed
statutes for cooperative forestry assistance programs
Funds appropriated under the authority of the Acts, or portions
thereof, repealed under subsection (a) of this section shall be
available for expenditure for the programs authorized under this
chapter.
(Pub. L. 95-313, Sec. 16, formerly Sec. 13, July 1, 1978, 92 Stat. 374;
renumbered Sec. 16, Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28,
1990, 104 Stat. 3525.)
References in Text
Act of April 26, 1940, known as the White Pine Blister Rust
Protection Act (54 Stat. 168; 16 U.S.C. 594a), referred to in subsec.
(a)(2), is act Apr. 26, 1940, ch. 159, 54 Stat. 168, which enacted
section 594a of this title.
The Forest Pest Control Act, referred to in subsec. (a)(3), is act
June 25, 1947, ch. 141, 61 Stat. 177, as amended, which enacted sections
594-1 to 594-5 of this title and enacted provisions set out as notes
under section 594-1 of this title. For complete classification of this
Act to the Code, see Tables.
The Cooperative Forest Management Act, referred to in subsec.
(a)(4), is act Aug. 25, 1950, ch. 781, 64 Stat. 473, as amended, which
enacted sections 568c and 568d of this title, repealed section 568b of
this title, and enacted a provision set out as a note under section 568c
of this title. For complete classification of this Act to the Code, see
Tables.
The Rural Development Act of 1972, referred to in subsec. (a)(6), is
Pub. L. 92-419, Aug. 30, 1972, 86 Stat. 657, as amended. Title IV of the
Rural Development Act of 1972 was classified generally to subchapter I
(Sec. 2651 et seq.) of chapter 59 of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title of 1972
Amendment note set out under section 1921 of Title 7 and Tables.
Section 1010 of the Agricultural Act of 1970, as added by the
Agriculture and Consumer Protection Act of 1973, referred to in subsec.
(a)(7), was classified to section 1510 of this title prior to repeal by
Pub. L. 104-127, title III, Sec. 336(d)(1), Apr. 4, 1996, 110 Stat.
1006.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 16USC2112]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2112. Cooperative national forest products marketing
program
(a) Findings and purposes
(1) Findings
Congress finds that--
(A) the health and vitality of the domestic forest products
industry is important to the well-being of the economy of the
United States;
(B) the domestic forest products industry has a significant
potential for expansion in both domestic and foreign markets;
(C) many small-sized to medium-sized forest products firms
lack the tools that would enable them to meet the increasing
challenge of foreign competition in domestic and foreign
markets; and
(D) a new cooperative forest products marketing program will
improve the competitiveness of the United States forest products
industry.
(2) Purposes
The purposes of this section are to--
(A) provide direct technical assistance to the United States
forest products industry to improve marketing activities;
(B) provide cost-share grants to States to support State and
regional forest products marketing programs; and
(C) target assistance to small-sized and medium-sized
producers of solid wood and processed wood products, including
pulp.
(b) Program authority
(1) In general
The Secretary shall establish a cooperative national forest
products marketing program under this chapter that provides--
(A) technical assistance to States, landowners, and small-
sized to medium-sized forest products firms on ways to improve
domestic and foreign markets for forest products; and
(B) grants of financial assistance with matching
requirements to the States to assist in State and regional
forest products marketing efforts targeted to aid small-sized to
medium-sized forest products firms and private, nonindustrial
forest landowners.
(2) Interstate cooperative agreements
Grant agreements shall encourage the establishment of interstate
cooperative agreements by the States for the purpose of promoting
the development of domestic and foreign markets for forest products.
(c) Limitations
(1) Cooperation with other Federal agencies
In carrying out this section, the Secretary shall cooperate with
Federal departments and agencies to avoid the duplication of efforts
and to increase program efficiency.
(2) Domestic program
The program authorized under this section shall be carried out
within the United States and not be extended to Department of
Agriculture activities in foreign countries.
(d) Authorization for appropriations
There are authorized to be appropriated $5,000,000 for each of the
fiscal years 1988 through 1991, to carry out this section.
(e) Program report
The Secretary shall report to Congress annually on the activities
taken under the marketing program established under this section. A
final report including recommendations for program changes and the need
and desirability of the reauthorization of this authority, and required
levels of funding, shall be submitted to Congress not later than
September 30, 1990.
(Pub. L. 95-313, Sec. 18, formerly Sec. 15, as added Pub. L. 100-418,
title IV, Sec. 4403, Aug. 23, 1988, 102 Stat. 1400; renumbered Sec. 18,
Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990, 104 Stat.
3525.)
International Forest Products Trade Institute
Section 1247 of Pub. L. 101-624, as amended by Pub. L. 102-237,
title X, Sec. 1018(c), Dec. 13, 1991, 105 Stat. 1905, provided that:
``(a) Establishment.--The Secretary of Agriculture may establish an
International Forest Products Trade Institute (hereafter in this section
referred to as the `Institute').
``(b) Mission.--The mission of the Institute will be to increase the
competitive position of the forest industries of the northeastern United
States as major producers of international forest products in order to
increase domestic employment and stimulate rural development, and to
provide a knowledgeable, objective analysis of global forest resource
problems.
``(c) Functions.--The Institute shall--
``(1) emphasize the application of existing knowledge to the
manufacturing and international marketing of forest products as well
as conduct new research related to the competitiveness of the
northeastern forest products industry;
``(2) study and evaluate domestic and international forest,
forest sector, agroforestry, development, economic, and trade
policies;
``(3) design, analyze and test technologically appropriate
manufacturing, processing and marketing systems which are supportive
of and consistent with forest policy and management strategies
formulated by the Institute and which enhance opportunities for
markets in forest products; and
``(4) formulate and test management strategies for--
``(A) United States forests, and
``(B) manufacturing facilities that promote ecologically
sustainable use, and long-term management, of international
forests.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this section.''
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 16USC2113]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2113. Federal, State, and local coordination and
cooperation
(a) Department of Agriculture Coordinating Committee
(1) Establishment
The Secretary shall establish an intradepartmental committee, to
be known as the ``Forest Resource Coordinating Committee''
(hereafter referred to in this section as the ``Coordinating
Committee''), to coordinate forestry activities.
(2) Composition
The Coordinating Committee shall be composed of representatives,
appointed by the Secretary, from the Agricultural Research Service,
Agricultural Stabilization and Conservation Service, Extension
Service, Forest Service, and Soil Conservation Service.
(3) Chairperson
The Secretary shall designate the Chief of the Forest Service as
chairperson.
(4) Duties
The Coordinating Committee shall--
(A) provide assistance in directing and coordinating actions
of the Department of Agriculture that relate to educational,
technical, and financial assistance concerning forest land to
private landowners;
(B) clarify individual agency responsibilities concerning
forest land of each agency represented on the Committee; and
(C) advise the Secretary of intradepartmental differences
regarding the implementation of this chapter, and any other Act
related to the authority of the Secretary concerning non-Federal
forest lands.
(b) State Coordinating Committees
(1) Establishment
(A) In general
The Secretary, in consultation with the State forester or
equivalent State official of each State, shall establish a State
Forest Stewardship Coordinating Committee (hereafter referred to
in this section as the ``State Coordinating Committee'') for
each such State.
(B) Composition
The State Coordinating Committee shall be chaired and
administered by the State forester, or equivalent State
official, or the designee thereof, and shall be composed, to the
extent practicable, of--
(i) representatives from the Forest Service, Soil
Conservation Service, Agricultural Stabilization and
Conservation Service, and Extension Service;
(ii) representatives, to be appointed by the State
forester or equivalent State official, representative of--
(I) local government;
(II) consulting foresters;
(III) environmental organizations;
(IV) forest products industry;
(V) forest land owners;
(VI) land-trust organizations, if applicable in the
State;
(VII) conservation organizations; and
(VIII) the State fish and wildlife agency; and
(iii) any other individuals determined appropriate by
the Secretary.
(C) Terms
The members of the State Coordinating Committee appointed
under subparagraph (B)(ii) shall serve 3-year terms, with the
initial members serving staggered terms as determined by the
State forester or equivalent State official, and may be
reappointed for consecutive terms.
(D) Existing committees
Existing State forestry committees may be used to
complement, formulate, or replace the State Coordinating
Committees to avoid duplication of efforts if such existing
committees are made up of membership that is similar to that
described in subparagraph (B)(ii), and if such existing
committees include landowners and the general public in their
memberships.
(2) Duties
A State Coordinating Committee shall--
(A) consult with other Department of Agriculture and State
committees that address State and private forestry issues;
(B) make recommendations to the Secretary concerning the
assignment of priorities and the coordination of
responsibilities for the implementation of this chapter by the
various Federal and State forest management agencies that take
into consideration the mandates of each such agency;
(C) make recommendations to the State forester or equivalent
State official concerning the development of a Forest
Stewardship Plan under paragraph (3); and
(D) make recommendations to the Secretary concerning those
forest lands that should be given priority for inclusion in the
Forest Legacy Program established pursuant to section 2103c of
this title.
(3) Forest Stewardship Plan
The State forester or equivalent State official of each State,
in consultation with the State Coordinating Committee of such State,
shall develop a Forest Stewardship Plan that shall--
(A) provide baseline data on the forest resources of the
State;
(B) outline threats to the forest resources of the State;
(C) describe economic and environmental opportunities that
are linked with the forest resources of the State;
(D) address management problems, opportunities, and
objectives associated with intermingled Federal, State, and
private land ownership patterns within the State; and
(E) make planning recommendations for Federal, State, and
local implementation of this chapter.
(4) Other plans
Other State forest management plans may be used as the basis for
or in lieu of establishing a plan for the State under paragraph (3)
if such plans fully conform to the objectives of this section.
(5) Termination
The State Coordinating Committees shall not terminate.
(6) Rule of construction
Nothing in this section shall be construed to compel action by
any State official.
(Pub. L. 95-313, Sec. 19, as added Pub. L. 101-624, title XII,
Sec. 1222, Nov. 28, 1990, 104 Stat. 3540.)
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 16USC2114]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2114. Administration
(a) In general
The Secretary shall administer this chapter in accordance with
regulations that the Secretary shall develop.
(b) Guidelines
The regulations promulgated under this chapter shall include
guidelines for the administration of this chapter at the Federal and
State levels and shall identify the measures and activities that are
eligible for cost sharing under this chapter.
(c) Existing mechanisms
Existing mechanisms shall be used to the extent possible to make
payments and deliver services to the landowner under this chapter.
(d) Land grant universities
The Secretary, in consultation with State foresters or equivalent
State officials, may provide assistance directly to other State and
local natural resource management agencies and land grant universities
in implementing this chapter in cases in which the State foresters or
equivalent State officials are not able to make fund transfers to other
State and local agencies.
(Pub. L. 95-313, Sec. 20, as added Pub. L. 101-624, title XII,
Sec. 1223, Nov. 28, 1990, 104 Stat. 3542.)
| File Type | text/plain |
| File Modified | 0000-00-00 |
| File Created | 0000-00-00 |