United States Department of Agriculture The Principal Laws Forest Service Relating to USDA FS-758 Revised March 2011 Forest Service State and Private Forestry Programs

· The Cooperative Forestry Assistance Act of 1978, As Amended Through 2008 · Economic Action and Rural Develoment Program Authorities · Forest Products Conservation and Recycling Program Authorities · Watershed Restoration and Enhancement (Wyden Amendment) · Biomass Commercial Utilization Grant Authorities · Tribal Watershed Forestry Assistance Authorities The U.S. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. INTRODUCTION

Background: This publication lists the for Urban and Community Forestry. major laws relating to the Cooperative The 1990 Act also contained new au- Forestry Program of the State and thorities for economic revitalization as- Private Forestry (S&PF) mission area sistance to national forest-dependent of the Forest Service, U.S. Department rural communities. of Agriculture. It incorporates amend- ments by Congress to these laws The 1996 Federal Agriculture through 2008. In 1876, the Division of Improvement and Reform Act extend- Forestry was established in the U.S. ed the Forestry Incentives Program Department of Agriculture. Gifford and amended the Forest Legacy Pinchot became Chief of the Division Program to allow for grants to States. of Forestry in 1898 and continued its The Farm Security and Rural work with the State and private forest Reinvestment Act of 2002 modified owners. In 1908, an Office of State and the 1978 CFA Act by repealing the Private Cooperation was established Stewardship Incentives Program and within the Forest Service. Cooperative the Forest Incentives Program. This work by the Forest Service with States legislation replaced these two authori- and other partners continued with the ties with a Forest Land Enhancement 1911 Weeks Act, which supported co- Program involving education, technical operative fire suppression work, and assistance, and financial cost shares later the 1924 Clarke–McNary Act to for working with nonindustrial private support seedling nursery and tree dis- forest landowners. New authorities tribution efforts on private lands. were also added in the area of coop- These authorities have been amend- erative fire to enhance community fire ed and expanded numerous times protection (Community and Private including the 1937 Norris–Doxey Land Fire Assistance Program). Cooperative Farm Forestry Act and the The Healthy Forest Restoration Act of 1950 Cooperative Forest Management 2003 added a new Watershed Forestry Act. The 1978 Cooperative Forestry Assistance Program as Section 6 Assistance (CFA) Act repealed and of the 1978 CFA Act, a standalone replaced all earlier separate pieces of Tribal Watershed Forestry Assistance legislation by consolidating a broad Program, and new S&PF authorities range of S&PF program authorities in- for Biomass Commercial Utilization volving fire, forest management, forest Grants. health, wood utilization, urban forestry, and organizational management assis- The Food, Conservation, and Energy tance to State forestry agencies. Act of 2008 had a significant forestry title (Title VIII), as well as addressing The 1990 Food, Agriculture, forestry through the Conservation and Conservation, and Trade Act amended Energy titles (II and IX, respectively). the CFA Act of 1978 by adding authori- For the first time, national priorities for ties for forest land easements (Forest private forests were established and Legacy), broader multiple-use for- State forestry agencies were charged est management assistance (Forest with assessing forest resources and Stewardship) along with landowner developing strategies to address the incentives (Stewardship Incentives national priorities. The Community Program), and expanded authorities Forest and Open Space Conservation

i Program was created to promote the implement, and deliver the S&PF purchase of forest land by communi- program authorities contained in this ties or community use. document. It is also an essential ref- erence for primary partners working This latest printing of the publication in other Federal and State agencies, also properly places the Emergency nongovernmental organizations, and Reforestation Assistance Program as the private sector that work in col- Section 10(A) in Section 10 of CFA, laboration with the Forest Service and Rural Fire Prevention and Control. State agencies in the delivery of these Purpose: This publication is a refer- programs. ence guide for those who administer, TABLE OF CONTENTS PART I Cooperative Forestry Assistance Act Of 1978 (Public Law 95-313; Approved July 1, 1978) [As Amended Through P.L. 110–246, Effective May 22, 2008]

ACT AUTHORITIES PAGE SEC. 2 [16 U.S.C. 2101] FINDINGS, PURPOSE, AND POLICY 1 SEC. 2A [16 U.S.C. 2101a] STATE-WIDE ASSESSMENT AND 3 STRATEGIES FOR FOREST RESOURCES SEC. 3 [16 U.S.C. 2102] RURAL FORESTRY ASSISTANCE 4 SEC. 4 [16 U.S.C. 2103] FOREST LAND ENHANCEMENT 6 PROGRAM SEC. 5 [16 U.S.C. 2103a] FOREST STEWARDSHIP 10 PROGRAM SEC. 6 [16 U.S.C. 2103b] WATERSHED FORESTRY 11 ASSISTANCE PROGRAM SEC. 7 [16 U.S.C. 2103c] FOREST LEGACY PROGRAM 13 SEC. 7A [16 U.S.C. 2103d] COMMUNITY FOREST AND 17 OPEN SPACE CONSERVATION PROGRAM SEC. 8 [16 U.S.C. 2104] FOREST HEALTH PROTECTION 18 SEC. 9 [16 U.S.C. 2105] URBAN AND COMMUNITY 20 FORESTRY ASSISTANCE SEC. 10 [16 U.S.C. 2106] RURAL FIRE PREVENTION AND 26 CONTROL SEC. 10A [16 U.S.C. 2106a] EMERGENCY REFORESTATION 28 ASSISTANCE SEC. 10B [16 U.S.C. 2106b] USE OF MONEY COLLECTED 29 FROM THE STATES FOR FIRE SUPPRESSION ACTIVITIES SEC. 10C [16 U.S.C. 2106c] ENHANCED COMMUNITY FIRE 29 PROTECTION SEC. 11 [16 U.S.C. 2107] MANAGEMENT ASSISTANCE, 30 PLANNING ASSISTANCE, AND TECHNOLOGY IMPLEMENTATION SEC. 12 [16 U.S.C. 2108] CONSOLIDATED PAYMENTS 32 SEC. 13 [16 U.S.C. 2109] GENERAL PROVISIONS 32 SEC. 13A [16 U.S.C. 2109a] COMPETITIVE ALLOCATION OF 34 FUNDS TO STATE FORESTERS OR EQUIVALENT STATE OFFICIALS iii SEC. 13B [16 U.S.C. 2109b] COMPETITIVE ALLOCATION 34 OF FUNDS FOR COOPERATIVE FOREST INNOVATION PARTNERSHIP PROJECTS SEC. 14 [16 U.S.C. 2110] STATEMENT OF LIMITATION 34 SEC. 15 OMITTED AMENDMENTS 34 SEC. 16 [16 U.S.C. 2111] REPEAL OF OTHER LAWS; 34 EXISTING CONTRACTS AND AGREEMENTS; APPROPRIATIONS SEC. 18 [16 U.S.C. 2112] COOPERATIVE NATIONAL 35 FOREST PRODUCTS MARKETING PROGRAM SEC. 19 [16 U.S.C. 2113] FEDERAL, STATE, AND LOCAL 36 COORDINATION AND COOPERATION SEC. 20 [16 U.S.C. 2114] ADMINISTRATION 38

PART II FOREST SERVICE ECONOMIC ACTION 39 PROGRAM AUTHORITIES CHAPTER 1 FORESTRY RURAL REVITALIZATION 39 CHAPTER 2 NATIONAL FOREST-DEPENDENT RURAL 40 COMMUNITIES

PART III FOREST PRODUCTS CONSERVATION AND 45 RECYCLING AUTHORITIES Section 1 Short Title 45

PART IV WATERSHED RESTORATION ENHANCEMENT 46 AUTHORITIES (WYDEN AMENDMENT AUTHORITIES FOR NFS RELATED WORK ON OTHER LANDS) TITLE III GENERAL PROVISIONS 46

PART V BIOMASS COMMERCIAL UTILIZATION GRANT 48 PROGRAM SEC. 203 BIOMASS COMMERCIAL UTILIZATION GRANT 48 PROGRAM

PART VI TRIBAL WATERSHED FORESTRY ASSISTANCE 49 SEC. 303 TRIBAL WATERSHED FORESTRY ASSISTANCE 49

iv PART VII HISPANIC-SERVING INSTITUTION 51 AGRICULTURAL LAND NATIONAL RESOURCES LEADERSHIP PROGRAM TITLE 16 CHAPTER 36 51

PART VIII FOREST BIOMASS FOR ENERGY AUTHORITIES 52 (Woody Biomass) TITLE 7 CHAPTER 107 52

PART IX ENVIRONMENTAL SERVICE MARKETS 58 AUTHORITIES TITLE 16 CHAPTER 58 58

PART X PEST AND DISEASE REVOLVING LOAN FUND 59 AUTHORITIES TITLE 16 CHAPTER 41 59

PART XI Cooperative Fire Assistance Programs 61

Appendix A Letter of Authority for the Rural 65 Development Program Appendix B National Agroforestry Research 69 Center

v vi PART I COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (Public Law 95–313; Approved July 1, 1978) [As Amended Through P.L. 110–246, Effective May 22, 2008]

AN ACT To authorize the Secretary of Agriculture to provide cooperative forestry assistance to States and others, and for other purposes Be it enacted by the Senate and House of Representatives of the Untied States of America in Congress assembled, That this Act may be cited as the “Coopera- tive Forestry Assistance Act of 1978”.

SEC. 2. [16 U.S.C. 2101] FINDINGS, emergency conditions on all land, PURPOSE, AND POLICY whether Federal or non-Federal, (a) FINDINGS.—Congress finds that— and efforts to prevent and control (1) most of the productive forest such insects and diseases often land of the United States is in pri- require coordinated action by both vate, State, and local governmental Federal and non-Federal land ownership, and the capacity of the managers; United States to produce renew- (7) fires in rural areas threaten able forest resources is significantly human lives, property, forests and dependent on such non-Federal other resources, and Federal-State forest lands; cooperation in forest fire protection (2) adequate supplies of timber and has proven effective and valuable; other forest resources are essential (8) trees and forests are of great to the United States, and adequate environmental and economic value supplies are dependent on efficient to urban areas; methods for establishing, managing, (9) managed forests contribute to and harvesting trees and process- improving the quality, quantity, and ing, marketing, and using wood and timing of water yields that are of wood products; broad benefit to society; (3) nearly one-half of the wood sup- (10) over half the forest lands of the ply of the United States comes from United States are in need of some nonindustrial private timberlands type of conservation treatment; and such percentage could rise with (11) forest landowners are being expanded assistance programs; faced with increased pressure to (4) managed forest lands provide convert their forest land to develop- habitats for fish and wildlife, as well ment and other purposes; as aesthetics, outdoor recreation (12) increased population pressures opportunities, and other forest and user demands are being placed resources; on private, as well as public, land- (5) the soil, water, and air quality holders to provide a wide variety of of the United States can be main- products and services, including fish tained and improved through good and wildlife habitat, aesthetic qual- stewardship of privately held forest ity, and recreational opportunities; resources; (13) stewardship of privately held (6) insects and diseases affecting forest resources requires a long- trees occur and sometimes create term commitment that can be 1 fostered through local, State, and (b) PURPOSE.—It is the purpose of Federal governmental actions; this Act to authorize the Secretary (14) the Department of Agriculture, of Agriculture (hereafter in this Act through the coordinated efforts of its referred to as the “Secretary”), with agencies with forestry responsibili- respect to non-Federal forest lands2 of ties, cooperating with other Federal the United States, to assist in— agencies, State foresters, and State (1) the establishment of a coordi- political subdivisions, has the exper- nated and cooperative Federal, tise and experience to assist private State, and local forest stewardship landowners in achieving individual program for management of the goals and public benefits regarding non-Federal forest lands; forestry; (2) the encouragement of the pro- (15) the products and services duction of timber; resulting from nonindustrial private (3) the prevention and control of forest land stewardship provide insects and diseases affecting trees income and employment that con- and forests; tribute to the economic health and (4) the prevention and control of diversity of rural communities; rural fires; (16) sustainable agroforestry sys- (5) the efficient utilization of wood tems and tree planting in semiarid and wood residues, including the lands can improve environmental recycling of wood fiber; quality and maintain farm yields and (6) the improvement and mainte- income; and nance of fish and wildlife habitat; [(182)1 the same forest resource (7) the planning and conduct of supply, protection, and management urban forestry programs; issues that exist in the United States (8) broadening existing forest man- are also present on an international agement, fire protection, and insect scale, and the forest and rangeland and disease protection programs on renewable resources of the world non-Federal forest lands to meet the are threatened by deforestation due multiple use objectives of landown- to conversion to agriculture of lands ers in an environmentally sensitive better suited to other purposes, manner; over-grazing, over-harvesting, and (9) providing opportunities to private other causes which pose a direct landowners to protect ecologically adverse threat to people, the global valuable and threatened non-Feder- enironment, and the world economy.] al forest lands; and

1 There is no paragraph (17). Section 607(b) 2 Note regarding subsection (b): Section 607(b)(2) (1)(C) of Public Law 101–513 (104 Stat. 2072) of Public Law 101–513 (104 Stat. 2072, approved amended section 2(a) of the Cooperative Forestry November 5, 1990) attempted to amend section Assistance Act of 1978 by adding at the end 2(b) of the Cooperative Forestry Assistance Act of paragraph (18). Public Law 101–513, also known 1978 by inserting “in the United States, and for- as the Foreign Operations, Export Financing, and est lands in foreign countries,” after “non-Federal Related Programs Appropriations Act, 1991, was forest lands,” the first place it appears and in para- approved on November 5, 1990. On November graph (10). Two problems prevent execution of 28, 1990, section 1212 of the Food, Agriculture, the amendment. First, a comma does not appear Conservation, and Trade Act of 1990 (104 Stat. in the phrase “non-Federal forest lands”. Second, 3521) amended section 2 in its entirety without even if the comma appeared, section 1212 of the taking into account the recent amendments made Food, Agriculture, Conservation, and Trade Act of by Public Law 101–513. Consequently, paragraph 1990 (104 Stat. 3521) amended section 2 in its (18) no longer appears in the text of section 2(a). entirety on November 28, 1990, without taking into account the recent amendments made by Public Law 101–513. 2 (10) strengthening educational, cies and direction under the Forest technical, and financial assistance and Rangeland Renewable Resources programs that provide assistance to Planning Act of 1974 (16 U.S.C. 1600 owners of non-Federal forest lands. et seq.). (c) PRIORITIES.—In allocating funds appropriated or otherwise made avail- SEC. 2A. [16 U.S.C. 2101a] STATE- able under this Act, the Secretary shall WIDE ASSESSMENT AND STRATE- focus on the following national private GIES FOR FOREST RESOURCES. forest conservation priorities, not- (a) ASSESSMENT AND STRATEGIES withstanding other priorities specified FOR FOREST RESOURCES.—For elsewhere in this Act: a State to be eligible to receive funds (1) Conserving and managing work- under the authorities of this Act, the ing forest landscapes for multiple State forester of that State or equiva- values and uses. lent State official shall develop and (2) Protecting forests from threats, submit to the Secretary, not later than including catastrophic wildfires, two years after the date of enactment hurricanes, tornados, windstorms, of the Food, Conservation, and Energy snow or ice storms, flooding, Act of 2008, the following: drought, invasive species, insect or (1) A State-wide assessment of for- disease outbreak, or development, est resource conditions, including— and restoring appropriate forest (A) the conditions and trends of types in response to such threats. forest resources in that State; (3) Enhancing public benefits from (B) the threats to forest lands and private forests, including air and resources in that State consistent water quality, soil conservation, bio- with the national priorities speci- logical diversity, carbon storage, for- fied in section 2(c); est products, forestry-related jobs, (C) any areas or regions of that production of renewable energy, State that are a priority; and wildlife, wildlife corridors and wildlife (D) any multi-State areas that are habitat, and recreation. a regional priority. (d) REPORTING REQUIREMENT.— (2) A long-term State-wide forest Not later than September 30, 2011, resource strategy, including— the Secretary shall submit to Congress (A) strategies for addressing a report describing how funds were threats to forest resources in the used under this Act, and through other State outlined in the assessment programs administered by the Secre- required by paragraph (1); and tary, to address the national priorities (B) a description of the resources specified in subsection (c) and the necessary for the State forester outcomes achieved in meeting the or equivalent State official from national priorities. all sources to address the State- (e) POLICY.—It is the policy of Con- wide strategy. gress that it is in the national interest for (b) UPDATING.—At such times as the the Secretary to work through and in co- Secretary determines to be necessary, operation with State foresters, or equiv- the State forester or equivalent State alent State officials, nongovernmental official shall update and resubmit to the organizations, and the private sector in Secretary the State-wide assessment implementing Federal programs affect- and State-wide strategy required by ing non-Federal forest lands. subsection (a). (f) CONSTRUCTION.—This Act shall (c) COORDINATION.—In developing be construed to complement the poli- or updating the State-wide assessment 3 and State-wide strategy required by may not exceed $10,000,000 in any subsection (a), the State Forester or fiscal year. equivalent State official shall coordi- (g) ANNUAL REPORT ON USE OF nate with— FUNDS.—The State forester or equiv- (1) the State Forest Stewardship alent State official shall submit to the Coordinating Committee established Secretary an annual report detailing for the State under section 19(b); how funds made available to the State (2) the State wildlife agency, with under this Act are being used. respect to strategies contained in the State wildlife action plans; SEC. 3. [16 U.S.C. 2102] RURAL (3) the State Technical Committee; FORESTRY ASSISTANCE. (4) applicable Federal land manage- (a) ASSISTANCE TO FOREST LAND- ment agencies; and OWNERS AND OTHERS.—The Sec- (5) for purposes of the Forest retary may provide financial, technical, Legacy Program under section 7, educational, and related assistance the State lead agency designated to State foresters or equivalent State by the Governor. officials, and State extension direc- (d) INCORPORATION OF OTHER tors, to enable such officials to provide PLANS.—In developing or updating technical information, advice, and re- the State-wide assessment and State- lated assistance to private forest land wide strategy required by subsection owners and managers, vendors, forest (a), the State forester or equivalent resource operators, forest resource State official shall incorporate any professionals, public agencies, and forest management plan of the State, individuals to enable such persons to including community wildfire protection carry out activities that are consistent plans and State wildlife action plans. with the purposes of this Act, includ- (e) SUFFICIENCY.—Once approved ing— by the Secretary, a Statewide assess- (1) protecting, maintaining, enhanc- ment and State-wide strategy devel- ing, restoring, and preserving forest oped under subsection (a) shall be lands and the multiple values and deemed to be sufficient to satisfy all uses that depend on such lands; relevant State planning and assess- (2) identifying, protecting, maintain- ment requirements under this Act. ing, enhancing, and preserving (f) FUNDING.— wildlife and fish species, including (1) AUTHORIZATION OF APPRO- threatened and endangered spe- PRIATIONS.—There are authorized cies, and their habitats; to be appropriated to carry out this (3) implementing forest manage- section up to $10,000,000 for each ment technologies; of fiscal years 2008 through 2012. (4) selecting, producing, and (2) ADDITIONAL FUNDING marketing alternative forest crops, SOURCES.—In addition to the products and services from forest funds appropriated for a fiscal year lands; pursuant to the authorization of (5) protecting forest land from dam- appropriations in paragraph (1) to age caused by fire, insects, disease, carry out this section, the Secretary and damaging weather; may use any other funds made (6) managing the rural-land and available for planning under this Act urban-land interface to balance the to carry out this section, except that use of forest resources in and adja- the total amount of combined fund- cent to urban and community areas; ing used to carry out this section (7) identifying and managing recre- 4 ational forest land resources; tate production and distribution of (8) identifying and protecting the tree seeds and seedlings in States aesthetic character of forest lands; where the Secretary determines that (9) protecting forest land from con- there is an inadequate capacity to version to alternative uses; and carry out present and future refores- (10) the management of resources tation needs; of forest lands, including— (3) procure, produce, and distribute (A) the harvesting, processing, tree seeds and trees for the purpose and marketing of timber and of establishing forests, windbreaks, other forest resources and the shelterbelts, woodlots, and other marketing and utilization of wood plantings; and wood products; (4) plant tree seeds and seedlings (B) the conversion of wood to on non-Federal forest lands that are energy for domestic, industrial, suitable for the production of timber, municipal, and other uses; recreation, and for other benefits as- (C) the planning, management, sociated with the growing of trees; and treatment of forest land, (5) plan, organize, and implement including site preparation, re- measures on non-Federal forest forestation, thinning, prescribed lands, including thinning, prescribed burning, and other silvicultural burning, and other silvicultural activities designed to increase activities designed to increase the the quantity and improve the quantity and improve the quality of quality of timber and other forest trees and other vegetation, fish and resources; wildlife habitat, and water yielded (D) ensuring that forest regen- therefrom; and eration or reforestation occurs (6) protect or improve soil fertility if needed to sustain long-term on non-Federal forest lands and the resource productivity; quality, quantity, and timing of water (E) protecting and improving yields therefrom. forest soil fertility and the qual- (c) IMPLEMENTATION.—In imple- ity, quantity, and timing of water menting this section, the Secretary yields; and shall cooperate with other Federal, (F) encouraging the investment State, and local natural resource man- of a portion of the proceeds agement agencies, universities and the from the sale of timber or other private sector. forest resources in stewardship (d) AUTHORIZATION OF APPRO- activities that preserve, protect, PRIATIONS.—There are authorized to maintain, and enhance their for- be appropriated such sums as may be est land. necessary to carry out this section. (b) STATE FORESTRY ASSIS- TANCE.—The Secretary is authorized SEC. 4. [16 U.S.C. 2103] FOREST to provide financial, technical, and LAND ENHANCEMENT PROGRAM. related assistance to State foresters, (a) ESTABLISHMENT.— or equivalent State officials, to— (1) IN GENERAL.—The Secretary (1) develop genetically improved of Agriculture shall establish a forest tree seeds; land enhancement program— (2) develop and contract for the (A) to provide financial assistance development of field arboretums, to State foresters; and greenhouses, and tree nurseries, in (B) to encourage the long-term cooperation with a State, to facili- sustainability of nonindustrial 5 private forest lands in the United (3) Reducing the risks and helping States by assisting the owners restore, recover, and mitigate the of nonindustrial private forest damage to forests caused by fire, lands, through State foresters, insects, invasive species, disease, in more actively managing the and damaging weather. nonindustrial private forest lands (4) Increasing and enhancing car- and related resources of those bon sequestration opportunities. owners through the use of State, (5) Enhancing implementation of Federal, and private sector agroforestry practices. resource management expertise, (6) Maintaining and enhancing the financial assistance, and educa- forest landbase and leverage State tional programs. and local financial and technical (2) COORDINATION AND CON- assistance to owners that promote SULTATION.—The Secretary, acting the same conservation and environ- through State foresters, shall imple- mental values. ment the program— (7) Preserving the aesthetic quality (A) in coordination with the State of nonindustrial private forest lands Forest Stewardship Coordinating and providing opportunities for out- Committees; and door recreation. (B) in consultation with other (c) STATE PRIORITY PLAN.— Federal, State, and local natural (1) DEVELOPMENT.—The State resource management agencies, Forester and State Forest Steward- institutions of higher education, ship Coordinating Committee of a and a broad range of private sec- State shall jointly develop and sub- tor interests. mit to the Secretary a State priority (b) PROGRAM OBJECTIVES.—In plan that is intended to promote implementing the program, the Secre- forest management objectives in tary shall target resources to achieve that State. the following objectives: (2) REPORT.—Not later than (1) Investing in practices to es- September 30, 2006, each State tablish, restore, protect, manage, that implemented a State priority maintain, and enhance the health plan shall submit to the Secretary a and productivity of the nonindustrial report describing the status of all ac- private forest lands in the United tivities and practices funded under States for timber, habitat for flora the program as of that date. and fauna, soil, water, and air qual- (d) OWNER ELIGIBILITY FOR AS- ity, wetlands, and riparian buffers. SISTANCE.— (2) Ensuring that afforestation, (1) ELIGIBILITY CRITERIA.—To be reforestation, improvement of eligible for cost-share assistance poorly stocked stands, timber stand under the program, an owner of improvement, practices necessary nonindustrial private forest lands to improve seedling growth and shall agree— survival, and growth enhancement (A) to develop and implement, in practices occur where needed to cooperation with a State for- enhance and sustain the long-term ester, another State official, or a productivity of timber and nontimber professional resources manager, forest resources to help meet future a management plan that— public demand for all forest re- (i) except as provided in sources and provide environmental paragraph (2) or (3), provides benefits. 6 for the treatment of not more private forest lands that seeks to than 1,000 acres of nonindus- participate in the program shall trial private forest lands; submit to the State forester of the (ii) is approved by the State State in which the lands are located forester; and a management plan that— (iii) addresses site specific ac- (A) identifies and describes tivities and practices; and projects and activities to be car- (B) to implement approved activi- ried out by the owner to protect ties and practices in a manner or enhance soil, water, air, range consistent with the management and aesthetic quality, recreation, plan for a period of not less timber, water, wetland, or fish and than 10 years, unless the State wildlife resources on the lands in forester approves a modification a manner that is compatible with to the plan. the objectives of the owner; (2) PUBLIC BENEFIT EXCEP- (B) addresses any criteria es- TION.—The Secretary may in- tablished by the State and the crease the acreage limitation speci- applicable Committee; and fied in paragraph (1)(A)(i) to not (C) meets the other requirements more than 5,000 acres for an owner of this section. of nonindustrial private forest lands (2) LANDS COVERED.—At a if the Secretary, in consultation with minimum, the management plan the State forester, determines that shall apply to those portions of the significant public benefits will accrue nonindustrial private forest lands of as a result of the provision of cost- the owner on which any project or share assistance under the program activity funded under the program for the treatment of the additional will be carried out. In a case in acreage. which a project or activity may affect (3) PLAN DEVELOPMENT EXCEP- acreage outside the portion of the TION.—An owner may receive cost- land on which the project or activity share assistance under the program is carried out, the management plan for the purpose of developing a shall apply to all lands of the owner management plan under subsec- that are in forest cover and may be tion (e) of this section that provides affected by the project or activity. for the treatment of acreage in (f) APPROVED ACTIVITIES.— excess of the acreage limitations (1) STATE LIST.—The Secretary specified in paragraphs (1)(A)(i) and shall develop for each State a list (2), except that the owner’s eligi- of approved forest activities and bility for cost-share assistance to practices eligible for cost-share implement approved activities and assistance that meets the purposes practices under the management of the program. The Secretary shall plan remains subject to the acreage develop the list for a State in consul- limitation specified in paragraph (1) tation with the State forester and the (A)(i) or, if the Secretary makes the Committee for that State. determination described in para- (2) TYPES OF ACTIVITIES.—Ap- graph (2), the acreage limitation proved activities and practices specified in that paragraph. under paragraph (1) may consist of (e) MANAGEMENT PLAN.— activities and practices for the fol- (1) SUBMISSION AND CON- lowing purposes: TENT.—An owner of nonindustrial

7 (A) The establishment, manage- (g) REIMBURSEMENT OF ELIGIBLE ment, maintenance, and restora- ACTIVITIES.— tion of forests for shelterbelts, (1) IN GENERAL.—In the case windbreaks, aesthetic quality, and of an eligible owner that has an other conservation purposes. approved management plan, the (B) The sustainable growth and Secretary shall share the cost of management of forests for timber implementing the approved activi- production. ties and practices that the Secretary (C) The restoration, use, and determines are appropriate. enhancement of forest wetland (2) RATE.—The Secretary shall de- and riparian areas. termine the appropriate reimburse- (D) The protection of water qual- ment rate for cost-share payments ity and watersheds through— under paragraph (1) and the sched- (i) the planting of trees in ule for making those payments. riparian areas; and (3) MAXIMUM COST SHARE.—The (ii) the enhanced manage- Secretary shall not make cost-share ment and maintenance of payments under this subsection to native vegetation on land vital an owner in an amount in excess of to water quality. 75 percent, or a lower percentage (E) The management, mainte- as determined by the State forester, nance, restoration, or develop- of the total cost to the owner to ment of habitat for plants, fish, implement the approved activities and wildlife. and practices under the manage- (F) The control, detection, ment plan. monitoring, and prevention of the (4) AGGREGATE PAYMENT LIM- spread of invasive species and IT.—The Secretary shall determine pests on nonindustrial private the maximum aggregate amount of forest lands. cost-share payments that an owner (G) The restoration of nonindus- may receive under the program. trial private forest land affected (5) CONSULTATION.—The Sec- by invasive species and pests. retary shall make determinations (H) The conduct of other man- under this subsection in consultation agement activities, such as the with the State forester. reduction of hazardous fuels, that (h) RECAPTURE.— reduce the risks to forests posed (1) IN GENERAL.—The Secretary by, and that restore, recover, and shall establish and implement a mitigate the damage to forests mechanism to recapture payments caused by, fire or any other cata- made to an owner in the event that strophic event, as determined by the owner fails to implement an ap- the Secretary. proved activity or practice specified (I) The development of manage- in the management plan for which ment plans; the owner received cost-share pay- (J) The conduct of energy con- ments. servation and carbon sequestra- (2) ADDITIONAL REMEDY.—The tion activities. remedy provided in paragraph (1) (K) The conduct of other activi- is in addition to any other remedy ties approved by the Secretary, available to the Secretary. in consultation with the State (i) DISTRIBUTION OF COST-SHARE forester and the appropriate FUNDS.—The Secretary, acting Committees. through the State foresters, shall dis- 8 tribute funds available for cost sharing “nonindustrial private forest lands” under the program only after giving means rural lands, as determined appropriate consideration to the follow- by the Secretary, that— ing factors: (A) have existing tree cover or (1) The public benefits that would are suitable for growing trees; result from the distribution. and (2) The total acreage of nonindustri- (B) are owned by any nonindus- al private forest lands in each State. trial private individual, group, (3) The potential productivity of association, corporation, Indian those lands, as determined by the tribe, or other private legal entity Secretary. so long as the individual, group, (4) The number of owners eligible association, corporation, tribe, or for cost sharing in each State. entity has definitive decisionmak- (5) The opportunities to enhance ing authority over the lands. nontimber resources on those (2) COMMITTEE.—The terms lands, including— “State Forest Stewardship Coordi- (A) the protection of riparian buf- nating Committee” and “Committee” fers and forest wetland; means a State Forest Stewardship (B) the preservation of fish and Coordinating Committee established wildlife habitat; under section 19(b). (C) the enhancement of soil, air, (3) INDIAN TRIBE.—The term and water quality; and “Indian tribe” has the meaning given (D) the preservation of aesthetic the term in section 4 of the Indian quality and opportunities for out- Self-Determination and Education door recreation. Assistance Act (25 U.S.C. 450b). (6) The anticipated demand for (4) OWNER.—The term “owner” timber and nontimber resources in means an owner of nonindustrial each State. private forest land. (7) The need to improve forest (5) PROGRAM.—The term “pro- health to minimize the damaging gram” means the forest land en- effects of catastrophic fire, insects, hancement program established by disease, or weather. this section. (8) The need and demand for agro- (6) SECRETARY.—The term forestry practices in each State. “Secretary” means the Secretary of (9) The need to maintain and en- Agriculture. hance the forest landbase. (7) STATE FORESTER.—The term (10) The need for afforestation, “State forester” means the director reforestation, and timber stand or other head of a State Forestry improvement. Agency or equivalent State official. (j) AVAILABILITY OF FUNDS.—The Secretary shall use $100,000,000 of SEC. 5. [16 U.S.C. 2103a] FOREST funds of the Commodity Credit Corpo- STEWARDSHIP PROGRAM. ration to carry out the Program during (a) ESTABLISHMENT.—The Secre- the period beginning on the date of tary, in consultation with State for- enactment of the Farm Security and esters or equivalent State officials, Rural Investment Act of 2002 and end- shall establish a Forest Stewardship ing on September 30, 2007. Program (hereafter referred to in this (k) DEFINITIONS.—In this section: section as the “Program”) to encour- (1) NONINDUSTRIAL PRIVATE age the long-term stewardship of FOREST LANDS.—The term nonindustrial private forest lands by 9 assisting owners of such lands to poorly stocked stands, timber stand more actively manage their forest and improvement, practices necessary related resources by utilizing exist- to improve seedling growth and ing State, Federal, and private sector survival, and growth enhancement resource management expertise and practices occur where needed to assistance programs. enhance and sustain the long-term (b) GOAL.—The goal of the Program productivity of timber and nontimber shall be to enter at least 25,000,000 forest resources to help meet future acres of nonindustrial private forest public demand for all forest resourc- lands in the Program by December 31, es and provide the environmental 1995. benefits that result; and (c) DEFINITION.—For the purposes (4) protecting their forests from of this section, the term “nonindustrial damage caused by fire, insects, private forest lands” means rural, as disease, and damaging weather. determined by the Secretary, lands (e) ELIGIBILITY.—All nonindustrial with existing tree cover, or suitable private forest lands that are not in for growing trees, and owned by any management under Federal, State, private individual, group, associa- or private sector financial and techni- tion, corporation, Indian tribe, or other cal assistance programs existing on private legal entity. the date of enactment of this section (d) IMPLEMENTATION.—In carry- are eligible for assistance under the ing out the Program the Secretary, in Program. Nonindustrial private forest consultation with State foresters or lands that are managed under such equivalent State officials, shall provide existing programs are eligible for assis- financial, technical, educational, and tance under the Program if forest man- related assistance to State foresters or agement activities are expanded and equivalent State officials, including as- enhanced and the landowner agrees to sistance to help such State foresters or meet the requirements of this Act. equivalent officials to provide financial (f) DUTIES OF OWNERS.—To enter assistance to other State and local forest land into the Program, landown- natural resource entities, both public ers shall— and private, and land-grant universi- (1) prepare and submit to the State ties for the delivery of information and forester or equivalent State official a professional assistance to owners of forest stewardship plan that meets nonindustrial private forest lands. Such the requirements of this section and information and assistance shall be di- that— rected to help such owners understand (A) is prepared by a professional and evaluate alternative actions they resource manager; might take, including— (B) identifies and describes (1) managing and enhancing the actions to be taken by the productivity of timber, fish and wild- landowner to protect soil, water, life habitat, water quality, wetlands, range, aesthetic quality, recre- recreational resources, and the ation, timber, water, and fish and aesthetic value of forest lands; wildlife resources on such land in (2) investing in practices to protect, a manner that is compatible with maintain, and enhance the resourc- the objectives of the landowner; es identified in paragraph (1); and (3) ensuring that afforestation, (C) is approved by the State reforestation, improvement of forester, or equivalent State of- ficial; and 10 (2) agree that all activities conduct- and other means at the State level to ed on such land shall be consistent address watershed issues on non- with the stewardship plan. Federal forested land and potentially (g) STEWARDSHIP RECOGNITION.— forested land. The Secretary, in consultation with (c) TECHNICAL ASSISTANCE TO State foresters or equivalent State PROTECT WATER QUALITY.— officials, is encouraged to develop an (1) IN GENERAL.—The Secretary, appropriate recognition program for in cooperation with State foresters landowners who practice stewardship or equivalent State officials, shall management on their lands, with an engage interested members of the appropriate, special recognition symbol public, including nonprofit organiza- and title. tions and local watershed councils, (h) AUTHORIZATION OF APPROPRI- to develop a program of technical ATIONS.—There are hereby autho- assistance to protect water quality rized to be appropriated $25,000,000 described in paragraph (2). for each of the fiscal years 1991 (2) PURPOSE OF PROGRAM.— through 1995, and such sums as may The program under this subsection be necessary thereafter, to carry out shall be designed— this section. (A) to build and strengthen water- shed partnerships that focus on SEC. 6. [16 U.S.C. 2103b] WATER- forested landscapes at the State, SHED FORESTRY ASSISTANCE regional, and local levels; PROGRAM. (B) to provide State forestry (a) DEFINITION OF NONINDUSTRIAL best-management practices and PRIVATE FOREST LAND.—In this water quality technical assistance section, the term “nonindustrial private directly to owners of nonindustrial forest land” means rural land, as deter- private forest land; mined by the Secretary, that— (C) to provide technical guidance (1) has existing tree cover or that is to land managers and policymak- suitable for growing trees; and ers for water quality protection (2) is owned by any nonindustrial through forest management; private individual, group, associa- (D) to complement State and lo- tion, corporation, or other private cal efforts to protect water quality legal entity, that has definitive deci- and provide enhanced opportuni- sionmaking authority over the land. ties for consultation and coopera- (b) GENERAL AUTHORITY AND tion among Federal and State PURPOSE.—The Secretary, acting agencies charged with respon- through the Chief of the Forest Service sibility for water and watershed and (where appropriate) through the management; and National Institute of Food and Agricul- (E) to provide enhanced forest ture, may provide technical, finan- resource data and support for cial, and related assistance to State improved implementation and foresters, equivalent State officials, monitoring of State forestry best- or cooperative extension officials at management practices. land grant colleges and universities (3) IMPLEMENTATION.—In the and 1890 institutions for the purpose case of a participating State, the of expanding State forest stewardship program of technical assistance capacities and activities through State shall be implemented by State for- forestry best-management practices esters or equivalent State officials.

11 (d) WATERSHED FORESTRY COST- (C) application of and dissemina- SHARE PROGRAM.— tion of monitoring information (1) IN GENERAL.—The Secretary on forestry best-management shall establish a watershed forestry practices relating to watershed cost-share program— forestry; (A) which shall be— (D) watershed-scale forest man- (i) administered by the Forest agement activities and conserva- Service; and tion planning; and (ii) implemented by State (E) (i) the restoration of wetland foresters or equivalent State (as defined by the States) and officials in participating stream-side forests; and States; and (ii) the establishment of ripar- (B) under which funds or other ian vegetative buffers. support provided to participating (4) COST-SHARING.— States shall be made available (A) FEDERAL SHARE.— for State forestry best-manage- (i) FUNDS UNDER THIS ment practices programs and SUBSECTION.—Funds pro­- watershed forestry projects. vided under this subsection for (2) WATERSHED FORESTRY a watershed forestry project PROJECTS.—The State forester, may not exceed 75 percent of an equivalent State official of a the cost of the project. participating State, or a Cooperative (ii) OTHER FEDERAL Extension official at a land grant col- FUNDS.—The percentage of lege or university or 1890 institution, the cost of a project described in coordination with the State Forest in clause (i) that is not covered Stewardship Coordinating Com- by funds made available under mittee established under section this subsection may be paid 19(b) (or an equivalent committee) using other Federal funding for that State, shall make awards to sources, except that the total communities, nonprofit groups, and Federal share of the costs of owners of nonindustrial private for- the project may not exceed est land under the program for wa- 90 percent. tershed forestry projects described (B) FORM.—The non-Federal in paragraph (3). share of the costs of a project (3) PROJECT ELEMENTS AND may be provided in the form of OBJECTIVES.—A watershed forest- cash, services, or other in-kind ry project shall accomplish critical contributions. forest stewardship, watershed pro- (5) PRIORITIZATION.—The State tection, and restoration needs within Forest Stewardship Coordinating a State by demonstrating the value Committee for a State, or equivalent of trees and forests to watershed State committee, shall prioritize health and condition through— watersheds in that State to target (A) the use of trees as solutions watershed forestry projects funded to water quality problems in under this subsection. urban and rural areas; (6) WATERSHED FORESTER.— (B) community-based planning, Financial and technical assistance involvement, and action through shall be made available to the State State, local, and nonprofit part- Forester or equivalent State official nerships; to create a State watershed or

12 best-management practice forester program shall not be carried out position to— on nonindustrial private forest land (A) lead statewide programs; and without the written consent of the (B) coordinate watershed-level owner of, or entity having definitive projects. decisionmaking over, the nonindus- (e) DISTRIBUTION.— trial private forest land. (1) IN GENERAL.—Of the funds (g) AUTHORIZATION OF APPROPRI- made available for a fiscal year ATIONS.—There is authorized to be under subsection (g), the Secretary appropriated to carry out this section shall use— $15,000,000 for each of fiscal years (A) at least 75 percent of the 2004 through 2008. funds to carry out the cost-share program under subsection (d); SEC. 7. [16 U.S.C. 2103c] FOREST and LEGACY PROGRAM. (B) the remainder of the funds to (a) ESTABLISHMENT AND PUR- deliver technical assistance, edu- POSE.—The Secretary shall establish cation, and planning, at the local a program, to be known as the Forest level, through the State Forester Legacy Program, in cooperation with or equivalent State official. appropriate State, regional, and other (2) SPECIAL CONSIDERATIONS.— units of government for the purposes Distribution of funds by the Secre- of ascertaining and protecting envi- tary among States under paragraph ronmentally important forest areas (1) shall be made only after giving that are threatened by conversion to appropriate consideration to— nonforest uses and, through the use (A) the acres of agricultural land, of conservation easements and other nonindustrial private forest land, mechanisms, for promoting forest land and highly erodible land in each protection and other conservation State; opportunities. Such purposes shall (B) the miles of riparian buffer also include the protection of impor- needed; tant scenic, cultural, fish, wildlife, and (C) the miles of impaired stream recreational resources, riparian areas, segments and other impaired and other ecological values. water bodies where forestry (b) STATE AND REGIONAL FOR- practices can be used to restore EST LEGACY PROGRAMS.—The or protect water resources; Secretary shall exercise the authority (D) the number of owners of under subsection (a) of this section nonindustrial private forest land in conjunction with State or regional in each State; and programs that the Secretary deems (E) water quality cost savings that consistent with this section. can be achieved through forest (c) INTERESTS IN LAND.—In addition watershed management. to the authorities granted under sec- (f) WILLING OWNERS.— tion 6, the Secretary may acquire from (1) IN GENERAL.—Participation of willing landowners lands and interests an owner of nonindustrial private therein, including conservation ease- forest land in the watershed forestry ments and rights of public access, for assistance program under this sec- Forest Legacy Program purposes. The tion is voluntary. Secretary shall not acquire conserva- (2) WRITTEN CONSENT.—The tion easements with title held in com- watershed forestry assistance mon ownership with any other entity.

13 (d) IMPLEMENTATION.— included in the Forest Legacy Pro- (1) IN GENERAL.—Lands and inter- gram, the Secretary shall give prior- ests therein acquired under subsec- ity to lands which can be effectively tion (c) may be held in perpetuity for protected and managed, and which program and easement administra- have important scenic or recreational tion purposes as the Secretary may values; riparian areas; fish and wildlife provide. In administering lands and values, including threatened and en- interests therein under the program, dangered species; or other ecological the Secretary shall identify the envi- values. ronmental values to be protected by (f) APPLICATION.—For areas included entry of the lands into the program, in the Forest Legacy Program, an management activities which are owner of lands or interests in lands planned and the manner in which who wishes to participate may prepare they may affect the values identified, and submit an application at such and obtain from the landowner other time in such form and containing such information determined appropriate information as the Secretary may for administration and management prescribe. The Secretary shall give purposes. reasonable advance notice for the (2) INITIAL PROGRAMS.—Not submission of all applications to the later than November 28, 1991, the State forester, equivalent State official, Secretary shall establish a re- or other appropriate State or regional gional program in furtherance of the natural resource management agency. Northern Forest Lands Study in the If applications exceed the ability of the States of New York, New Hamp- Secretary to fund them, priority shall shire, Vermont, and Maine under be given to those forest areas having Public Law 100–446. The Secretary the greatest need for protection pursu- shall establish additional programs ant to the criteria described in subsec- in each of the Northeast, Midwest, tion (e) of this section. South, and Western regions of the (g) STATE CONSENT.—Where a State United States, and the Pacific has not approved the acquisition of land Northwest (including the State of under section 6 (16 U.S.C. 515), the Washington), on the preparation of Secretary shall not acquire lands or in- an assessment of the need for such terests therein under authority granted programs. by this section outside an area of that (e) ELIGIBILITY.—Not later than No- State designated as a part of a program vember 28, 1991, and in consultation established under subsection (b) of this with State Forest Stewardship Coordi- section. nating Committees established under (h) FOREST MANAGEMENT ACTIVI- section 19(b) and similar regional orga- TIES.— nizations, the Secretary shall establish (1) IN GENERAL.—Conservation eligibility criteria for the designation easements or deed reservations of forest areas from which lands may acquired or reserved pursuant to be entered into the Forest Legacy this section may allow forest man- Program and subsequently select such agement activities, including timber appropriate areas. To be eligible, such management, on areas entered in areas shall have significant environ- the Forest Legacy Program insofar mental values or shall be threatened as the Secretary deems such activi- by present or future conversion to ties consistent with the purposes of nonforest uses. Of land proposed to be this section.

14 (2) ASSIGNMENT OF RESPON- (k) EASEMENTS.— SIBILITIES.—For Forest Legacy (1) RESERVED INTEREST Program areas, the Secretary may DEEDS.—As used in this section, delegate or assign management the term “conservation easement” and enforcement responsibilities includes an easement utilizing a over federally owned lands and reserved interest deed where the interests in lands only to another grantee acquires all rights, title, and governmental entity. interests in a property, except those (i) DUTIES OF OWNERS.—Under the rights, title, and interests that may terms of a conservation easement or run with the land that are expressly other property interest acquired under reserved by a grantor. subsection (b), the landowner shall be (2) PROHIBITIONS ON LIMITA- required to manage property in a man- TIONS.—Notwithstanding any provi- ner that is consistent with the purposes sion of State law, no conservation for which the land was entered in the easement held by the United States Forest Legacy Program and shall not or its successors or assigns under convert such property to other uses. this section shall be limited in dura- Hunting, fishing, hiking, and similar tion or scope or be defeasible by— recreational uses shall not be consid- (A) the conservation easement ered inconsistent with the purposes of being in gross or appurtenant; this program. (B) the management of the (j) COMPENSATION AND COST conservation easement having SHARING.— been delegated or assigned to a (1) COMPENSATION.—The Secre- non-Federal entity; tary shall pay the fair market value (C) any requirement under State of any property interest acquired law for re-recordation or renewal under this section. Payments under of the easement; or this section shall be in accordance (D) any future disestablishment with Federal appraisal and acquisi- of a Forest Legacy Program area tion standards and procedures. or other Federal project for which (2) COST SHARING.—In accor- the conservation easement was dance with terms and conditions originally acquired. that the Secretary shall prescribe, (3) CONSTRUCTION.—Notwith- costs for the acquisition of lands standing any provision of State law, or interests therein or project costs conservation easements shall be shall be shared among participating construed to effect the Federal pur- entities including regional organiza- poses for which they were acquired tions, State and other governmental and, in interpreting their terms, there units, landowners, corporations, or shall be no presumption favoring the private organizations. Such costs conservation easement holder or may include, but are not limited to, fee owner. those associated with planning, (l) OPTIONAL STATE GRANTS.— administration,property acquisi- (1) IN GENERAL.—The Secretary tion, and property management. To shall, at the request of a participat- the extent practicable, the Federal ing State, provide a grant to the share of total program costs shall State to carry out the Forest Legacy not exceed 75 percent, including Program in the State. any in-kind contribution. (2) ADMINISTRATION.—If a State elects to receive a grant under this subsection— 15 (A) the Secretary shall use a on the current market value portion of the funds made avail- of the land or interest in able under subsection (m), as land in proportion to the determined by the Secretary, to amount of consideration provide a grant to the State; and paid by the United States (B) the State shall use the grant for the land or interest in to carry out the Forest Legacy land; or Program in the State, including (II) convey to the Secretary the acquisition by the State of land or an interest in land lands and interests in lands. that is equal in value to (3) TRANSFER OF FOREST the land or interest in land LEGACY PROGRAM LAND.— conveyed. (A) IN GENERAL.—Subject to (C) DISPOSITION OF FUNDS.— any terms and conditions that the Amounts received by the Secre- Secretary may require (including tary under subparagraph (B)(ii) the requirements described in shall be credited to the Wildland subparagraph (B)), the Secretary Fire Management account, to may, at the request of the State remain available until expended. of Vermont, convey to the State, (m) APPROPRIATION.—There are by quitclaim deed, without con- authorized to be appropriated such sideration, any land or interest in sums as may be necessary to carry land acquired in the State under out this section. the Forest Legacy Program. (B) REQUIREMENTS.—In SEC. 7A. [16 U.S.C. 2103d] COM- conveying land or an interest in MUNITY FOREST AND OPEN SPACE land under subparagraph (A), the CONSERVATION PROGRAM. Secretary may require that— (a) DEFINITIONS.—In this section: (i) the deed conveying the (1) ELIGIBLE ENTITY.—The term land or interest in land include “eligible entity” means a local requirements for the manage- governmental entity, Indian tribe, or ment of the land in a manner nonprofit organization that owns or that— acquires a parcel under the pro- (I) conserves the land or gram. interest in land; and (2) INDIAN TRIBE.—The term (II) is consistent with any “Indian tribe” has the meaning given other Forest Legacy Pro- the term in section 4 of the Indian gram purposes for which Self-Determination and Education the land or interest in land Assistance Act (25 U.S.C. 450b). was acquired;3 (3) LOCAL GOVERNMENTAL EN- (ii) if the land or interest in TITY.—The term “local governmen- land is subsequently sold, tal entity” includes any municipal exchanged, or otherwise government, county government, disposed of by the State of or other local government body Vermont, the State shall— with jurisdiction over local land use (I) reimburse the Secretary decisions. in an amount that is based (4) NONPROFIT ORGANIZA- TION.—The term “nonprofit orga- nization” means any organization 3 So in law. The word “and” should appear after that— the semicolon at the end of clause (i) of subsec- tion (l)(3)(B). 16 (A) is described in section 170(h) parcels, as determined by the (3) of the Internal Revenue Code Secretary. of 1986; and (3) NON-FEDERAL SHARE.—As a (B) operates in accordance with condition of receipt of the grant, an 1 or more of the purposes speci- eligible entity that receives a grant fied in section 170(h)(4)(A) of under the Program shall provide, that Code. in cash, donation, or in kind, a (5) PROGRAM.—The term “Pro- non-Federal matching share in an gram” means the community forest amount that is at least equal to the and open space conservation amount of the grant received. program established under subsec- (4) APPRAISAL OF PARCELS.—To tion (b). determine the non-Federal share (6) SECRETARY.—The term of the cost of a parcel of privately- “Secretary” means the Secretary of owned forest land under paragraph Agriculture, acting through the Chief (2), an eligible entity shall require of the Forest Service. appraisals of the land that comply (b) ESTABLISHMENT.—The Secretary with the Uniform Appraisal Stan- shall establish a program, to be known dards for Federal Land Acquisitions as the “community forest and open developed by the Interagency Land space conservation program”. Acquisition Conference. (c) GRANT PROGRAM.— (5) APPLICATION.—An eligible en- (1) IN GENERAL.—The Secretary tity that seeks to receive a grant un- may award grants to eligible entities der the Program shall submit to the to acquire private forest land, to be State forester or equivalent official owned in fee simple, that— (or in the case of an Indian tribe, an (A) are threatened by conversion equivalent official of the Indian tribe) to nonforest uses; and an application that includes— (B) provide public benefits to (A) a description of the land to be communities, including— acquired; (i) economic benefits through (B) a forest plan that provides— sustainable forest manage- (i) a description of community ment; benefits to be achieved from (ii) environmental benefits, the acquisition of the private including clean water and forest land; and wildlife habitat; (ii) an explanation of the man- (iii) benefits from forest-based ner in which any private forest educational programs, includ- land to be acquired using ing vocational education funds from the grant will be programs in forestry; managed; and (iv) benefits from serving as (C) such other relevant infor- models of effective forest mation as the Secretary may stewardship for private land- require. owners; and (6) EFFECT ON TRUST LAND.— (v) recreational benefits, in- (A) INELIGIBILITY.—The Sec- cluding hunting and fishing. retary shall not provide a grant (2) FEDERAL COST SHARE.—An under the Program for any project eligible entity may receive a grant on land held in trust by the United under the Program in an amount States (including Indian reserva- equal to not more than 50 percent tions and allotment land). of the cost of acquiring 1 or more 17 (B) ACQUIRED LAND.—No land Indian tribes) for Program administra- acquired using a grant provided tion and technical assistance. under the Program shall be con- (g) AUTHORIZATION OF APPRO- verted to land held in trust by the PRIATIONS.—There are authorized United States on behalf of any to be appropriated such sums as are Indian tribe. necessary to carry out this section. (7) APPLICATIONS TO SEC- RETARY.—The State forester or SEC. 8. [16 U.S.C. 2104] FOREST equivalent official (or in the case of HEALTH PROTECTION. an Indian tribe, an equivalent official (a) IN GENERAL.—The Secretary may of the Indian tribe) shall submit to protect trees and forests and wood the Secretary a list that includes a products, stored wood, and wood description of each project submit- in use directly on the National For- ted by an eligible entity at such est System and, in cooperation with times and in such form as the Sec- others, on other lands in the United retary shall prescribe. States, from natural and man-made (d) DUTIES OF ELIGIBLE ENTITY.— causes, to— An eligible entity shall provide public (1) enhance the growth and mainte- access to, and manage, forest land nance of trees and forests; acquired with a grant under this sec- (2) promote the stability of forest- tion in a manner that is consistent with related industries and employment the purposes for which the land was associated therewith through the acquired under the Program. protection of forest resources; (e) PROHIBITED USES.— (3) aid in forest fire prevention and (1) IN GENERAL.—Subject to para- control; graphs (2) and (3), an eligible entity (4) conserve forest cover on wa- that acquires a parcel under the tersheds, shelterbelts, and wind- Program shall not sell the parcel or breaks; convert the parcel to nonforest use. (5) protect outdoor recreation oppor- (2) REIMBURSEMENT OF tunities and other forest resources; FUNDS.—An eligible entity that and sells or converts to nonforest use a (6) extend timber supplies by pro- parcel acquired under the Program tecting wood products, stored wood, shall pay to the Federal Government and wood in use. an amount equal to the greater of (b) ACTIVITIES.—Subject to subsec- the current sale price, or current ap- tions (c), (d), and (e) and to such other praised value, of the parcel. conditions the Secretary may pre- (3) LOSS OF ELIGIBILITY.—An scribe, the Secretary may, directly on eligible entity that sells or converts a the National Forest System, in coop- parcel acquired under the Program eration with other Federal departments shall not be eligible for additional on other Federal lands, and in cooper- grants under the Program. ation with State foresters, or equivalent (f) STATE ADMINISTRATION AND State officials, subdivisions of States, TECHNICAL ASSISTANCE.—The agencies, institutions, organizations, or Secretary may allocate not more than individuals on non-Federal lands— 10 percent of all funds made available (1) conduct surveys to detect and to carry out the Program for each fiscal appraise insect infestations and year to State foresters or equivalent of- disease conditions and man-made ficials (including equivalent officials of stresses affecting trees and estab- lish a monitoring system throughout 18 the forests of the United States to determine detrimental changes or (d) CONTRIBUTION BY ENTITY.—No improvements that occur over time, money appropriated to implement this and report annually concerning such section shall be expended to prevent, surveys and monitoring; retard, control, or suppress insects or (2) determine the biological, chemi- diseases affecting trees on non-Feder- cal, and mechanical measures al land until the entity having owner- necessary to prevent, retard, con- ship of or jurisdiction over the affected trol, or suppress incipient, potential, land contributes, or agrees to con- threatening, or emergency insect tribute, to the work to be done in the infestations and disease conditions amount and in the manner determined affecting trees; appropriate by the Secretary. (3) plan, organize, direct, and (e) ALLOTMENTS TO OTHER AGEN- perform measures the Secretary CIES.—The Secretary may, in the determines necessary to prevent, Secretary’s discretion, and out of any retard, control, or suppress in- money appropriated to implement this cipient, potential, threatening, or section, make allocations to Federal emergency insect infestations and agencies having jurisdiction over lands disease epidemics affecting trees; held or owned by the United States in (4) provide technical information, the amounts the Secretary determines advice, and related assistance on necessary to prevent, retard, control, the various techniques available or suppress insect infestations and to maintain a healthy forest and in disease epidemics affecting trees on managing and coordinating the use those lands. of pesticides and other toxic sub- (f) LIMITATION ON USE OF APPRO- stances applied to trees and other PRIATIONS.— vegetation, and to wood products, (1) REMOVING DEAD TREES.— stored wood, and wood in use; No amounts appropriated shall be (5) develop applied technology used to— and conduct pilot tests of research (A) pay the cost of felling and results prior to the full-scale applica- removing dead or dying trees tion of such technology in affected unless the Secretary determines forests; that such actions are necessary (6) promote the implementation of to prevent the spread of a major appropriate silvicultural or manage- insect infestation or disease epi- ment techniques that may improve demic severely affecting trees; or or protect the health of the forests of (B) compensate for the value of the United States; and any property injured, damaged, (7) take any other actions the or destroyed by any cause. Secretary determines necessary (2) INSECTS AND DISEASES AF- to accomplish the objectives and FECTING TREES.—The Secretary purposes of this section. may procure materials and equip- (c) CONSENT OF ENTITY.—Opera- ment necessary to prevent, retard, tions under this section to prevent, control, or suppress insects and retard, control, or suppress insects or diseases affecting trees without re- diseases affecting forests and trees on gard to section 3709 of the Revised land not controlled or administered by Statutes (41 U.S.C. 5), under what- the Secretary shall not be conducted ever procedures the Secretary may without the consent, cooperation, prescribe, if the Secretary deter- and participation of the entity having mines that such action is necessary ownership of or jurisdiction over the and in the public interest. affected land. 19 (g) PARTNERSHIPS.—The Secretary, (2) AUTHORIZATION OF APPRO- by contract or cooperative agree- PRIATIONS.—There are hereby ment, may provide financial assistance authorized to be appropriated annu- through the Forest Service to State ally $10,000,000 to implement this foresters or equivalent State officials, subsection. and private forestry and other organi- zations, to monitor forest health and SEC. 9. [16 U.S.C. 2105] URBAN protect the forest lands of the United AND COMMUNITY FORESTRY AS- States. The Secretary shall require SISTANCE. contribution by the non-Federal entity (a) FINDINGS.—The Congress finds in the amount and in the manner deter- that— mined appropriate. Such non-Federal (1) the health of forests in urban share may be in the form of cash, areas and communities, including services, or equipment, as determined cities, their suburbs, and towns, in appropriate by the Secretary. the United States is on the decline; (h) AUTHORIZATION OF APPROPRI- (2) forest lands, shade trees, and ATIONS.—There are authorized to be open spaces in urban areas and appropriated annually such sums as communities improve the quality of may be necessary to carry out subsec- life for residents; tions (a) through (g) of this section. (3) forest lands and associated (i) INTEGRATED PEST MANAGE- natural resources enhance the MENT.— economic value of residential and (1) IN GENERAL.—Subject to commercial property in urban and the provisions of subsections (c) community settings; and (e), the Secretary shall, in (4) urban trees are 15 times more cooperation with State foresters or effective than forest trees at reduc- equivalent State officials, subdivi- ing the buildup of carbon dioxide sions of States, or other entities and aid in promoting energy conser- on non-Federal lands (hereafter in vation through mitigation of the heat this subsection referred to as the island effect in urban areas; “cooperator”)— (5) tree plantings and ground covers (A) provide cost-share assis- such as low growing dense perenni- tance to such cooperators who al turfgrass sod in urban areas and have established an acceptable communities can aid in reducing integrated pest management carbon dioxide emissions, mitigating strategy, as determined by the the heat island effect, and reducing Secretary, that will prevent, energy consumption, thus contribut- retard, control, or suppress gypsy ing to efforts to reduce global warm- moth, southern pine beetle, ing trends; spruce budworm infestations, or (6) efforts to encourage tree plant- other major insect infestations in ings and protect existing open an amount no less than 50 per- spaces in urban areas and com- cent nor greater than 75 percent munities can contribute to the social of the cost of implementing such well-being and promote a sense of strategy; and community in these areas; and (B) upon request, assist the (7) strengthened research, educa- cooperator in the development tion, technical assistance, and pub- of such integrated pest manage- lic information and participation in ment strategy. tree planting and maintenance pro- grams for trees and complementary 20 ground covers for urban and com- cultivation of trees, shrubs and munity forests are needed to provide complementary ground covers, of for the protection and expansion of individuals involved in the planning, tree cover and open space in urban development, and maintenance of areas and communities. urban and community forests and (b) PURPOSES.—The purposes of trees; and this section are to— (8) expand existing research and (1) improve understanding of the educational efforts intended to benefits of preserving existing tree improve understanding of— cover in urban areas and communi- (A) tree growth and maintenance, ties; tree physiology and morphology, (2) encourage owners of private species adaptations, and forest residences and commercial proper- ecology, ties to maintain trees and expand (B) the value of integrating trees forest cover on their properties; and ground covers, (3) provide education programs and (C) the economic, environmental, technical assistance to State and social, and psychological benefits local organizations (including com- of trees and forest cover in urban munity associations and schools) in and community environments, maintaining forested lands and indi- and vidual trees in urban and community (D) the role of urban trees in settings and identifying appropriate conserving energy and mitigating tree species and sites for expanding the urban heat island. forest cover; (c) GENERAL AUTHORITY.—The (4) provide assistance through com- Secretary is authorized to provide petitive matching grants awarded to financial, technical, and related as- local units of government, approved sistance to State foresters or equiva- organizations that meet the require- lent State officials for the purpose of ments of section 501(c)(3) of the encouraging States to provide informa- Internal Revenue Code of 1986, or tion and technical assistance to units other local community tree volunteer of local government and others that will groups, for urban and community encourage cooperative efforts to plan forestry projects; urban forestry programs and to plant, (5) implement a tree planting protect, and maintain, and utilize wood program to complement urban and from, trees in open spaces, greenbelts, community tree maintenance and roadside screens, parks, woodlands, open space programs and to reduce curb areas, and residential develop- carbon dioxide emissions, conserve ments in urban areas. In providing energy, and improve air quality in such assistance, the Secretary is addition to providing other environ- authorized to cooperate with interested mental benefits; members of the public, including non- (6) promote the establishment of profit private organizations. The Sec- demonstration projects in selected retary is also authorized to cooperate urban and community settings to directly with units of local government illustrate the benefits of maintaining and others in implementing this sec- and creating forest cover and trees; tion whenever the Secretary and the (7) enhance the technical skills and affected State forester or equivalent understanding of sound tree main- State official agree that direct coopera- tenance and arboricultural practices tion would better achieve the purposes including practices involving the of this section. 21 (d) PROGRAM OF EDUCATION AND (5) increase public understanding TECHNICAL ASSISTANCE.—The of the energy conservation, eco- Secretary, in cooperation with State nomic, social, environmental, and foresters and State extension directors psychological values of trees and or equivalent State officials and inter- open space in urban and community ested members of the public, including environments and expand knowl- nonprofit private organizations, shall edge of the ecological relationships implement a program of education and benefits of trees and related and technical assistance for urban resources in these environments. and community forest resources. The (e) PROCUREMENT OF PLANT program shall be designed to— MATERIALS.—The Secretary, in (1) assist urban areas and com- cooperation with State foresters or munities in conducting inventories equivalent State officials, shall assist of their forest resources, including in identifying sources of plant materials inventories of the species, num- and may procure or otherwise obtain ber, location, and health of trees such plant materials from public or in urban areas and communities, private sources and may make such identifying opportunities for the plant materials available to urban establishment of plantings for the areas and communities for the purpose purposes of conserving energy, and of reforesting open spaces, replacing determining the status of related dead and dying urban trees, promot- resources (including fish and wildlife ing energy conservation, and providing habitat, water resources, and trails); other environmental benefits through (2) assist State and local organiza- expanding tree cover in urban areas tions (including community associa- and communities. tions and schools) in organizing and (f) CHALLENGE COST-SHARE PRO- conducting urban and community GRAM.— forestry projects and programs; (1) IN GENERAL.—The Secretary (3) improve education and technical shall establish an urban and com- support in— munity forestry challenge cost-share (A) selecting tree species appro- program. Funds or other support priate for planting in urban and shall be provided under such community environments and for program to eligible communities promotion of energy conserva- and organizations, on a competitive tion; basis, for urban and community for- (B) providing for proper tree estry projects. The Secretary shall planting, maintenance, and annually make awards under the protection in urban areas and program in accordance with criteria communities; developed in consultation with, and (C) protecting individual trees and after consideration of recommenda- preserving existing open spaces tions received from, the National with or without tree cover; and Urban and Community Forestry (D) identifying opportunities for Advisory Council established under expanding tree cover in urban subsection (g) of this section. Each areas and communities; State forester or equivalent State (4) assist in the development of official may make recommendations State and local management plans to the Secretary for awards under for trees and associated resources the program for project proposals in in urban areas and communities; and their State which meet such criteria.

22 Awards shall be consistent with (v) 2 members representing the cost-share requirements of this academic institutions with an section. expertise in urban and com- (2) COST-SHARING.—The Federal munity forestry activities, share of support for a project pro- (vi) 1 member representing vided under this subsection may not State forestry agencies or exceed 50 percent of the support for equivalent State agencies, that project and shall be provided on (vii) 1 member representing a a matching basis. The non-Federal professional renewable natu- share of such support may be in the ral resource or arboricultural form of cash, services, or in-kind society, contributions. (viii) 1 member from the (g) FORESTRY ADVISORY COUN- National Institute of Food and CIL.— Agriculture, (1) ESTABLISHMENT AND PUR- (ix) 1 member from the Forest POSE.—The Secretary shall estab- Service, and lish a National Urban and Community (x) 2 members who are not Forestry Advisory Council (hereafter officers or employees of in this section referred to as the any governmental body, 1 “Council”) for the purpose of— of whom is a resident of a (A) developing a national urban community with a population and community forestry action of less than 50,000 as of the plan; most recent census and both (B) evaluating the implementation of whom have expertise and of that plan; and have been active in urban (C) developing criteria for, and and community forestry. submitting recommendations with (B) VACANCY.—A vacancy in the respect to, the urban and com- Council shall be filled in the man- munity forestry challenge cost- ner in which the original appoint- share program under subsection ment was made. (f) of this section. (C) CHAIRPERSON.—The (2) COMPOSITION AND OPERA- Secretary shall select 1 member, TION.— from members appointed to the (A) COMPOSITION.—The Coun- Council, who is not an officer or cil shall be composed of 15 mem- employee of the United States bers appointed by the Secretary, nor any State, county, city, or as follows: town government, who shall (i) 2 members representing serve as the chairperson of the national nonprofit forestry and Council. conservation citizen organiza- (D) TERMS.— tions, (i) IN GENERAL.—Except as (ii) 3 members, 1 each repre- provided in clauses (ii) and senting State, county, and city (iii) of this paragraph, members and town governments, shall be appointed for terms (iii) 1 member representing of 3 years, and no member the forest products, nursery, may serve more than 2 conse- or related industries, cutive terms on the Council. (iv) 1 member representing (ii) STAGGERED TERMS.—Of urban forestry, landscape, or the members first appointed— design consultants, 23 (I) 5, including the chair- (3) URBAN AND COMMUNITY person and 2 governmen- FORESTRY ACTION PLAN.— tal employees, shall be Within 1 year after November 28, appointed for a term of 3 1990, and every 10 years thereafter, years, the Council shall prepare a National (II) 5, including 2 govern- Urban and Community Forestry Ac- mental employees, shall be tion Plan. The plan shall include (but appointed for a term of 2 not be limited to) the following: years, and (A) An assessment of the current (III) 5, including 2 govern- status of urban forest resources mental employees, shall be in the United States. appointed for a term of 1 (B) A review of urban and com- year, as designated by the munity forestry programs and Secretary at the time of ap- activities in the United States, pointment. including education and technical (iii) CONTINUATION.—Any assistance activities conducted member appointed to fill a by the Department of Agriculture, vacancy occurring before and other Federal agencies, the expiration of the term of the State forestry organizations, the member’s predecessor private industry, private nonprofit shall be appointed only for organizations, community and the remainder of such term. A civic organizations and interested member may serve after the others. expiration of the member’s (C) Recommendations for im- term until the member’s suc- proving the status of the Nation’s cessor has taken office. urban and community forest (E) COMPENSATION.— resources, including education (i) IN GENERAL.—Except and technical assistance and as provided in clause (ii), modifications required in existing members of the Council shall programs and policies of relevant serve without pay, but may Federal agencies. be reimbursed for reasonable (D) A review of urban and costs incurred while in the community forestry research, actual performance of duties including— vested in the Council. (i) a review of all ongoing (ii) FEDERAL OFFICERS research associated with AND EMPLOYEES.—Members urban and community forests, of the Council who are full-time arboricultural practices, officers or employees of the and the economic, social, United States shall receive no and psychological benefits additional pay, allowances, of trees and forest cover in or benefits by reason of their urban and community envi- service on the Council. ronments being conducted (iii) FINANCIAL AND ADMIN- by the Forest Service, other ISTRATIVE SUPPORT.— Federal agencies, and associ- The Secretary shall provide ated land grant colleges and financial and administrative universities; support for the Council. (ii) recommendations for new and expanded research

24 efforts directed toward urban research, education, technical and community forestry con- assistance, and related activities cerns; and in urban and community forestry; (iii) a summary of research (B) the Council’s recommenda- priorities and an estimate of tions for research, education, the funds needed to imple- technical assistance, and related ment such research, on an activities in the succeeding year; annual basis, for the next 10 and years. (C) the Council’s recommenda- (E) Proposed criteria for evaluat- tions for the urban and commu- ing proposed projects under the nity forestry challenge cost share urban and community forestry projects to be funded during the challenge cost share program un- succeeding year. der subsection (f) of this section, with special emphasis given to The review submitted to the projects that would demonstrate Secretary shall be incorporated the benefits of improved forest into the annual report required management (including the main- under section 3(d) of the For- tenance and establishment of est and Rangeland Renewable forest cover and trees) in urban Resources Planning Act of 1974 areas and communities. (16 U.S.C. 1601(d)). (F) An estimate of the resources (6) DETAIL OF PERSONNEL.— needed to implement the National Upon request of the Council, the Urban and Community Forestry Secretary is authorized to detail, Action Plan for the succeeding 10 on a reimbursable basis, any of fiscal years. the personnel of the Department of (4) AMENDMENT OF THE PLAN.— Agriculture to the Council to assist The plan may be amended by a the Council in carrying out its duties majority of the Council members. under this Act. Such amendments shall be incor- (h) DEFINITIONS.—For the purposes porated into the Council’s annual of this section— review of the plan submitted to the (1) the term “Council” means the Secretary pursuant to paragraph (5) National Urban and Community For- of this subsection. estry Advisory Council established (5) REVIEW OF THE PLAN.—The under subsection (g) of this section; Council shall submit the plan to the (2) the term “plan” means the Secretary and the Committee on National Urban and Community For- Agriculture of the House of Repre- estry Action Plan developed under sentatives and the Committee on subsection (g)(3); and Agriculture, Nutrition, and Forestry (3) the term “urban and community of the Senate upon its completion. area” includes cities, their suburbs, Beginning no later than one year and towns. after the plan is submitted and an- (i) AUTHORIZATION OF APPROPRIA- nually thereafter, the Council shall TIONS.—There are hereby authorized submit a review of the plan to the to be appropriated $30,000,000 for Secretary no later than December each of the fiscal years 1991 through 31. The review shall consist of— 1995, and such sums as may be nec- (A) the Council’s assessment of essary for each fiscal year thereafter, prior year accomplishments in for the implementation of this section.

25 SEC. 10. [16 U.S.C. 2106] RURAL prevention and control programs, FIRE PREVENTION AND CONTROL4 the Secretary should provide prompt (a) Congress finds that— and adequate assistance whenever a (1) significant accomplishments rural fire emergency overwhelms, or have been made by the Secretary threatens to overwhelm, the firefight- and cooperating States in the pre- ing capability of the affected State or vention and control of fires on forest rural area. lands and on nonforested water- (b) Notwithstanding the Federal Fire sheds for more than fifty years; Prevention and Control Act of 1974 [15 (2) progress is being made by the U.S.C. 2201 et. esq.], the Secretary is Secretary and cooperating States authorized, under whatever conditions and rural communities in the protec- the Secretary may prescribe to— tion of human lives, agricultural (1) cooperate with State foresters or crops and livestock, property and equivalent State officials in develop- other improvements, and natural ing systems and methods for the resources from fires in rural areas; prevention, control, suppression, and (3) notwithstanding the accomplish- prescribed use of fires on rural lands ments and progress that have been and in rural communities that will made, fire prevention and control protect human lives, agricultural crops on rural lands and in rural communi- and livestock, property and other im- ties are of continuing high priority provements, and natural resources; to protect human lives, agricultural (2) provide financial, technical, and crops and livestock, property and related assistance to State forest- other improvements, and natural ers or equivalent State officials, and resources; through them to other agencies and (4) the effective cooperative rela- individuals, for the prevention, con- tionships between the Secretary trol, suppression, and prescribed use and the States regarding fire pre- of fires on non-Federal forest lands vention and control on rural lands and other non-Federal lands; and in rural communities should be (3) provide financial, technical, and retained and improved; related assistance to State forest- (5) efforts in fire prevention and ers or equivalent State officials in control in rural areas should be cooperative efforts to organize, train, coordinated among Federal, State, and equip local firefighting forces, and local agencies; and including those of Indian tribes or (6) in addition to providing assis- other native groups, to prevent, con- tance to State and local rural fire trol, and suppress fires threatening human lives, crops, livestock, farm- steads or other improvements, pas- 4 The 12th paragraph under the heading “ADMINISTRATIVE PROVISIONS, FOREST tures, orchards, wildlife, rangeland, SERVICE” in title II of the Department of the woodland, and other resources in Interior and Related Agencies Appropriations Act, rural areas. As used herein, the term 1999 (as contained in section 101(e) of division A of Public Law 105–277 (112 Stat. 2681–274; 16 “rural areas” shall have the meaning U.S.C. 2106b)), provides as follows: “Any money set out in the first clause of section collected from the States for fire suppression as- 306(a)(7) of the Consolidated Farm sistance rendered by the Forest Service on non- and Rural Development Act; and Federal lands not in the vicinity of National Forest System lands shall hereafter be used to reimburse (4) provide financial, technical, and re- the applicable appropriation and shall remain lated assistance to State foresters or available until expended as the Secretary may equivalent State officials, and through direct in conducting activities authorized by 16 U.S.C. 2101 note, 2101–2110, 1606, and 2111.” them to other agencies and individu- 26 als, including rural volunteer fire de- (i) one-half shall be available partments, to conduct preparedness only for State foresters or and mobilization activities, including equivalent State officials, and training, equipping, and otherwise through them to other agen- enabling State and local firefighting cies and individuals, of which agencies to respond to requests for not less than $100,000 shall fire suppression assistance. be made available to each (c) Encouragement of use State; and of excess personal prop- (ii) one-half shall be available erty by State and local fire only for rural volunteer fire forces receiving assistance: departments. Cooperation and assistance (B) The Federal share of the cost of Administrator of General of any activity carried out with Services.—The Secretary, with the funds made available pursuant to cooperation and assistance of the Ad- this paragraph may not exceed ministrator of General Services, shall 50 percent of the cost of that encourage the use of excess personal activity. The non-Federal share property (within the meaning of the for such activity may be in the Federal Property and Administrative form of cash, services, or in kind Services Act of 1949) by State and contributions. local fire forces receiving assistance (f) Special rural fire disaster under this section. fund; establishment, appro- (d) Coordination of Assistance priations, etc.—There shall be with Assistance of Secre- established in the Treasury a special tary of Commerce under rural fire disaster fund that shall be fire prevention and control immediately available to and used by provisions.—To promote maxi- the Secretary to supplement any other mum effectiveness and economy, the money available to carry out this sec- Secretary shall seek to coordinate the tion with respect to rural fire emergen- assistance the Secretary provides un- cies, as determined by the Secretary. der this section with the assistance by The Secretary shall determine that the Secretary of Commerce under the State and local resources are fully Federal Fire Prevention and Control used or will be fully used before ex- Act of 1974. pending money in the disaster fund (e) Authorization of appropri- to assist a State in which one or more ations for implementation of rural fire emergencies exist. There are provisions.— hereby authorized to be appropriated (1) There are hereby authorized such sums as may be needed to es- to be appropriated annually such tablish and replenish the disaster fund sums as may be needed to imple- established by this subsection. ment paragraphs (1), (2) and (3) of (g) Definitions.— subsection (b) of this section. As used in this section— (2) (A) There are hereby authorized (1) the term “rural volunteer fire de- to be appropriated annually partment” means any organized, not $70,000,000 to carry out for profit, fire protection organization subsection­ (b)(4). Of the total that provides service primarily to a amount appropriated to carry community or city with a population out subsection (b)(4) of this of 10,000 or less or to a rural area, section— as defined by the Secretary, whose

27 firefighting personnel is 80 percent shall conform, to the extent prac- or more volunteer, and that is rec- ticable, to the regulations defining ognized as a fire department by the the term “person” issued under laws of the State; and section 1308 of title 7 (before (2) the term “mobilization” means the amendment made by section any activity in which one firefighting 1703(a) [1] of the Food, Conser- organization assists another that vation, and Energy Act of 2008); has requested assistance. (B) prescribing such rules as the Secretary determines necessary SEC. 10A. [16 U.S.C. 2106a] to ensure a fair and reasonable Emergency reforestation application of the limitations assistance established under this subsec- (a) In general.—The Secretary of tion; and Agriculture is authorized to provide as- (C) ensuring that no person sistance under this section to eligible receives duplicative payments or landowners who suffer destruction of assistance under this section, the 35 percent or more of a commercial Cooperative Forestry Assistance tree stand due to damaging weather, Act of 1978 (16 U.S.C. 2101 et related condition, or wildfire. seq.), and the environmental (b) Form of assistance.—The quality incentives program estab- assistance, if any, provided by the Sec- lished under chapter 4 of subtitle retary under this section shall consist D of title XII of the Food Security of either— Act of 1985 [16 U.S.C. 3839aa et (1) reimbursement of up to 65 seq.], or other Federal program. percent of the cost of reestablish- (d) Definitions.— As used in this ing such tree stand damaged by section.— the damaging weather, related (1) the term “damaging weather” condition, or wildfire in excess of 35 includes drought, hail, excessive percent mortality; or moisture, freeze, tornado, hurricane, (2) at the discretion of the Secretary, excessive wind, or any combination provision of sufficient tree seedlings thereof; to reestablish such tree stand. (2) the term “eligible landowner” (c) Conditions.— means a person who— (1) Limitation on assistance.— (A) produces annual crops from No person may receive an amount trees for commercial purposes in excess of $25,000 in any fiscal and owns 500 acres or less of year, or an equivalent value in tree such trees; seedlings, under this section. (B) owns 1,000 acres or less of (2) Ineligibility.—A person who private forest land; or has qualifying gross revenues in (C) owns more than 1,000 acres excess of $2,000,000 annually, as but less than 5,000 acres of determined by the Secretary, shall private forest land if the Secre- not be eligible to receive any disas- tary, in the Secretary’s discretion, ter payment or other benefits under determines the person eligible; this section. (3) the term “qualifying gross rev- (3) Implementation.—In imple- enues” means— menting this section, the Secretary (A) if a majority of the person’s shall issue regulations— annual income is received from (A) defining the term “person” for farming, ranching, and forestry op- the purposes of this section that 28 erations, the gross revenue from SEC. 10C. [16 U.S.C. 2106c] the person’s farming, ranching, Enhanced community fire and forestry operations; and protection (B) if less than a majority of the (a) Cooperative management person’s annual income is re- related to wildfire threats.— ceived from farming, ranching, and The Secretary may cooperate with forestry operations, the person’s State foresters and equivalent State gross revenue from all sources; officials in the management of lands (4) the term “related condition” in- in the United States for the following cludes insect infestations, disease, purposes: or other deterioration of a tree stand (1) Aid in wildfire prevention and that is accelerated or exacerbated control. by damaging weather; (2) Protect communities from wild- (5) the term “reestablish” includes fire threats. site preparation, reforestation of a (3) Enhance the growth and main- damaged stand, and timber stand tenance of trees and forests that improvement practices, including promote overall forest health. thinning, prescribed burning, and (4) Ensure the continued produc- other practices approved by the tion of all forest resources, including Secretary for reforestation; timber, outdoor recreation opportu- (6) the term “Secretary” means the nities, wildlife habitat, and clean wa- Secretary of Agriculture; and ter, through conservation of forest (7) the term “wildfire” means any cover on watersheds, shelterbelts, forest or range fire. and windbreaks. (e) Retroactive assistance.— (b) Community and Private Land The Secretary shall use funds pro- Fire Assistance Program.— vided under this section to reimburse (1) Establishment; purpose.— landowners for approved reforestation The Secretary shall establish a practices that were implemented before Community and Private Land Fire November 28, 1990. The Secretary Assistance program (in this subsec- shall not make reimbursements for tion referred to as the “Program”)— reforestation practices that were imple- (A) to focus the Federal role in mented prior to September 1, 1989. promoting optimal firefighting ef- ficiency at the Federal, State, and SEC. 10B. [16 U.S.C. 2106b] Use local levels; of money collected from (B) to augment Federal projects States for fire suppression that establish landscape level assistance protection from wildfires; Any money collected from the States (C) to expand outreach and for fire suppression assistance education programs to homeown- rendered by the Forest Service on ers and communities about fire non-Federal lands not in the vicinity of prevention; and National Forest System lands shall on (D) to establish space around and after October 21, 1998, be used homes and property of private to reimburse the applicable appropria- landowners that is defensible tion and shall remain available until against wildfires. expended as the Secretary may direct (2) Administration and in conducting activities authorized by implementation.—The Program 16 U.S.C. 2101 note , 2101–2110, shall be administered by the Forest 1606, and 2111. 29 Service and implemented through SEC. 11. [16 U.S.C. 2107]: Finan- State foresters or equivalent State cial, technical, and related officials. assistance to States (3) Components.—In coordina- (a) Development of State Organ- tion with existing authorities under ization for Protection and this chapter, the Secretary, in Management of non-Federal consultation with the State forester Forest Lands; Scope of Assis­- or equivalent State official, may tance; Request by Officials.— undertake on non-Federal lands— To aid in achieving maximum effective- (A) fuel hazard mitigation and ness in the programs and activities prevention; conducted under this Act, the Secre- (B) invasive species management; tary is authorized to provide financial, (C) multiresource wildfire planning; technical, and related assistance to (D) community protection plan- State foresters or equivalent State of- ning; ficials for the development of stronger (E) community and landowner ed- and more efficient State organiza- ucation enterprises, including the tions that will enable them to fulfill program known as FIREWISE; their responsibilities for the protec- (F) market development and tion and management of non-Federal expansion; forest lands. Assistance under this (G) improved wood utilization; subsection may include, but will not and be limited to, assistance in matters (H) special restoration projects. related to organization management, (4) Consent required.—Pro- program planning and management, gram activities undertaken by the budget and fiscal accounting services, Secretary on non-Federal lands personnel training and management, shall be undertaken only with the information services, and recordkeep- consent of the owner of the lands. ing. Assistance under this subsection (5) Considerations.—The may be extended only upon request Secretary shall use persons in the by State foresters or equivalent State local community wherever pos- officials. sible to carry out projects under the (b) Assembly, analysis, display, Program. and report of State forest (c) Consultation.—In carrying out resources data, resources this section, the Secretary shall consult planning, etc.; scope of assis- with the Administrator of the United tance, other statutory provi- States Fire Administration, the Director sions unaffected.—To ensure of the National Institute of Standards that data regarding forest lands are and Technology, and the heads of available for and effectively presented other Federal agencies, as necessary. in State and Federal natural resources (d) Authorization of appro- planning, the Secretary is authorized priations.—There are hereby to provide financial, technical, and authorized to be appropriated to the related assistance to State foresters Secretary to carry out this section— or equivalent State officials in the as- (1) $35,000,000 for each of fiscal sembly, analysis, display, and report- years 2002 through 2007; and ing of State forest resources data, in (2) such sums as are necessary for the training of State forest resources fiscal years thereafter. planners, and in participating in natural resources planning at the State and Federal levels. The Secretary shall 30 restrict assistance under this sub- (C) develop and maintain technical section to the implementation of the information systems in support of forestry aspects of State and Federal programs and activities authorized natural resources planning conducted under this Act; under other laws. This subsection shall (D) test, evaluate, and seek regis- not be construed, in any way whatso- tration of chemicals for use in imple- ever, as extending, limiting, amending, menting the programs and activities repealing, or otherwise affecting any authorized under this Act; and other law or authority. (E) conduct other activities, includ- (c) Technology implementa- ing training of State forestry per- tion program; scope of pro- sonnel whom the Secretary deems gram; availability of funds; necessary to ensure that the use of forest resources programs and activities authorized planning committee.—To ensure under this Act are responsive to that new technology is introduced, new special problems, unique situa- information is integrated into exist- tions, and changing conditions. ing technology, and forest resources (2) The Secretary may make funds research findings are promptly made available to cooperators under this available to State forestry personnel, Act without regard to the provisions private forest landowners and manag- of section 3324 (a) and (b) of title 31, ers, vendors, forest operators, wood which prohibits advances of public processors, public agencies, and money. individuals, the Secretary is authorized (3) The Secretary shall use forest to carry out a program of technology resources planning committees at implementation. National and State levels in imple- (1) In implementing this subsection, menting this subsection. the Secretary is authorized to work (d) Authorization of Appropria- through State foresters or equiva- tions.—There are hereby authorized lent State officials, and, if the State to be appropriated annually such sums forester or equivalent State official as may be needed to implement this is unable to deliver these services, section. the Secretary is authorized to act through appropriate United States SEC. 12. [16 U.S.C. 2108] CONSOLI- Agriculture agencies, subdivisions DATED PAYMENTS of States, agencies, institutions, (a) Request by State; excluded organizations, or individuals to— funds.—To provide flexibility in fund- (A) strengthen technical as- ing activities authorized under this Act, sistance and service programs the Secretary may, upon the request of cooperators participating of any State, consolidate the annual in programs under this Act by financial assistance payments to that applying research results and State under this Act, in lieu of functional conducting pilot projects and field cost sharing mechanisms, formulas, tests of management and utiliza- or agreements. However, consolidated tion practices, equipment, and payments shall not include money ap- technologies, related to programs propriated under section 4 of this Act or and activities authorized under money from any special Treasury fund this Act; established under this Act. (B) study the effects of tax laws, (b) State Forest Resources methods, and practices on forest Program as Basis.—Consolidation management. of payments made under this section shall be based upon State forest re- 31 sources programs developed by State of two years or less duration shall not foresters or equivalent State officials, be included in determining the base and reviewed by the Secretary. amount for any participating State. (c) Amount of Payments.— Consolidated payments to any State SEC. 13. [16 U.S.C. 2109] GENERAL during any fiscal year shall not exceed PROVISIONS the total amount of non-Federal funds (a) Cooperative and coordinat- expended within the State during that ing requirements for imple- year to implement its State forest re- mentation of programs, etc.— sources program. However, the Secre- In implementing this Act, the Secretary tary may make payments that exceed shall, to the maximum extent practi- the non-Federal amount expended for cable— selected activities under the program, (1) work through, cooperate with, if the total Federal expenditure during and assist State foresters or equiva- any fiscal year does not exceed the to- lent State officials; tal non-Federal expenditure during that (2) encourage cooperation and year under the State forest resources coordination between State forest- program. ers or equivalent State officials and (d) Certification Requirement other State agencies that manage by State Forester or Equiva- renewable natural resources; lent State Official for Federal (3) use and encourage cooperators Payment.—The Secretary may make under this Act to use, private agen- consolidated payments on the certifi- cies, consultants, organizations, cate of the State forester or equivalent firms, and individuals to furnish nec- State official that the conditions for essary materials and services; and Federal payment have been met. (4) promote effectiveness and (e) Administration of Consoli- economy by coordinating the direct dated Payments Program not actions and assistance authorized to Adversely Affect, etc., under this Act with related programs Other Programs.—The Secretary the Secretary administers, and shall administer this section to ensure with cooperative programs of other that the use of consolidated payments agencies. does not adversely affect or eliminate (b) Availability of Appropria- any program authorized under this Act. tions.—Money appropriated under (f) Total Annual Amount of Finan- this Act shall remain available until cial Assistance to Participating expended. State; Financial Assistance (c) Consultation Require- for Special Projects Not To ments for Implementation for Be Included in Determining Programs, etc.—Requirements Base Amount.—Subject to applica- for the development of State forest ble appropriation Acts, the total annual resources programs and State par- amount of financial assistance to any ticipation in management assistance, participating State after the enactment planning assistance, and technology of this Act shall not be less than the implementation, the apportionment base amount of financial assistance of funds among States participat- provided to that State under all the ing under this Act, the administrative provisions of law specified in section expenses in connection with activi- 16 of this Act during the fiscal year in ties and programs under this Act, and which this Act is enacted. However, the amounts to be expended by the financial assistance for special projects Secretary to assist non-State coopera- 32 tors under this Act, shall be determined and other arrangements the Secretary by the Secretary in consultation with a deems necessary to implement this Act. committee of not less than five State (g) Construction of Statutory foresters or equivalent State officials Provisions.—This Act shall be con- selected by a majority of the State strued as supplementing all other laws foresters or equivalent State officials relating to the Department of Agriculture from States participating in programs and shall not be construed as limiting or under this Act. However, the Secretary repealing any existing law or authority need not consult with such committee of the Secretary, except as specifically regarding funds to be expended under cited in section 16 of this Act. emergency conditions that the Secre- [(h)6 Additional Assistance.— tary may determine. In addition to the authority provided (d) Definitions.— elsewhere in this Act, the Secretary may For the purposes of this Act— provide assistance to other countries (1) The terms “United States” and with respect to the activities described “State” shall include each of the in paragraphs (1) through (10) of sec- several States, the District of Co- tion 3(b), paragraphs (1) through (5) lumbia, the Commonwealth of Puer- of section 7(b), and paragraphs (1) to Rico, the Virgin Islands of the through (3) of section 9(b). For the United States, the Commonwealth purposes of providing assistance to of the Northern Mariana Islands, the other countries under this subsection, Federated States of Micronesia, the the term “non-Federal forest land” Republic of the Marshall Islands, the shall mean any forest land and related Republic of Palau,5 and the territo- renewable natural resources in such ries and possessions of the United countries. In providing the assistance States; authorized under this subsection, the (2) The term “forest resources” shall Secretary shall coordinate with other include esthetics, fish and wildlife, forage, outdoor recreation opportu- 6 Subsection (h) was added by section 607(b)(3) nities, timber, and water; and of Public Law 101–513 (104 Stat. 2072, approved (3) The term “urban forestry” means November 5, 1990). The amendment was drafted in anticipation of amendments to the Cooperative the planning, establishment, protec- Forestry Assistance Act of 1978 to be made by the tion, and management of trees and Food, Agriculture, Conservation, and Trade Act of associated plants, individually, in 1990 (Public Law 101–624; 104 Stat. 3525). Two small groups, or under forest condi- problems arose. The anticipated amendments were changed somewhat so that the amendatory tions within cities, their suburbs, and language in Public Law 101–513 refers to the towns. wrong section and Public Law 101–624 was en- (e) Rules and Regulations.— acted on November 28, 1990, after the date of the enactment of Public Law 101–513. Consequently, The Secretary may prescribe rules and subsection (h) does not appear in the law. The regulations, as the Secretary deems cross references in subsection (h) to other provi- appropriate, to implement the provisions sions of the Cooperative Forestry Assistance Act of this Act. of 1978 are also wrong because of the redesig- nations actually made by Public Law 101–624. (f) Granting, etc., Authori- Paragraphs (1) through (10) of section 3(b) do not ties.—The Secretary is authorized to exist as section 3(b) now has only six paragraphs. make grants, agreements, contracts, Paragraphs (1) through (5) of section 7(b) prob- ably refer to paragraphs (1) through (5) of section 8(b), or possibly to all seven paragraphs of sec- 5 Section 8004 of Public Law 110–246 amended tion 8(b). Paragraphs (1) through (3) of section the “Cooperative Forestry Act of 1978”. The 9(b) either refer to section 9(b), which actually amendment instruction should have referred to has eight paragraphs, or to section 10(b), which the “Cooperative Forestry Assistance Act of 1978” has four paragraphs. The former is the choice of and was executed to reflect the probable intent of the Law Revision Counsel while the latter is the Congress. choice of the Legislative Counsel. 33 Federal officials, departments, agen- of Agriculture to address the national cies, or international organizations, as priorities specified in section 2(c). the President may direct. The refer- (b) ELIGIBILITY.—Notwithstanding the ences to “State foresters or equivalent eligibility limitations contained in this State officials” in this Act shall not Act, any State or local government, In- apply to the assistance provided by the dian tribe, land-grant college or univer- Secretary to other countries under this sity, or private entity shall be eligible to subsection.] compete for funds to be competitively allocated under subsection (a). SEC. 13A. [16 U.S.C. 2109a] COM- (c) COST-SHARE REQUIREMENT.— PETITIVE ALLOCATION OF FUNDS In carrying out subsection (a), the TO STATE FORESTERS OR EQUIVA- Secretary shall not cover more than LENT STATE OFFICIALS. 50 percent of the total cost of a project (a) COMPETITION.—Beginning not under such subsection. In calculating later than 3 years after the date of the the total cost of a project and contribu- enactment of the Food, Conservation, tions made with regard to the project, and Energy Act of 2008, the Secretary the Secretary shall include in-kind shall competitively allocate a portion, contributions. to be determined by the Secretary, of the funds available under this Act SEC. 14. [16 U.S.C. 2110] STATE- to State foresters or equivalent State MENT OF LIMITATION. officials. This Act shall not authorize the Federal (b) DETERMINATION.—In determin- Government to regulate the use of pri- ing the competitive allocation of funds vate land or to deprive owners of land under subsection (a), the Secretary of their rights to property or to income shall consult with the Forest Resource from the sale of property, unless such Coordinating Committee established property rights are voluntarily con- by section 19(a). veyed or limited by contract or other (c) PRIORITY.—The Secretary shall agreement. This Act does not diminish give priority for funding to States for in any way the rights and responsibili- which the long-term State-wide forest ties of the States and political subdivi- resource strategies submitted under sions of States. section 2A(a)(2) will best promote the national priorities specified in section REPORTS 2(c). [SEC. 15. Omitted—Amendments]

SEC. 13B. [16 U.S.C. 2109b] COM- SEC. 16. [16 U.S.C. 2111] REPEAL PETITIVE ALLOCATION OF FUNDS OF OTHER LAWS; EXISTING FOR COOPERATIVE FOREST INNO- CONTRACTS AND AGREEMENTS; VATION PARTNERSHIP PROJECTS. APPROPRIATIONS (a) COOPERATIVE FOREST INNOVA- (a) Repeal Statutory Authori- TION PARTNERSHIP PROJECTS.— ties.—The following laws, and por- The Secretary may competitively tions of laws, are hereby repealed: allocate not more than 5 percent of the (1) sections 1, 2, 3, and 4 of the funds made available under this Act to Act of June 7, 1924, known as support innovative national, regional, the Clarke-McNary Act (43 Stat. or local education, outreach, or tech- 653–654, as amended; 16 U.S.C. nology transfer projects that the Sec- 564, 565, 566, 567); retary determines would substantially (2) the Act of April 26, 1940, known increase the ability of the Department as the White Pine Blister Rust Pro- tection Act (54 Stat. 168; 16 U.S.C. 34 594a); (3) the Forest Pest Control Act; is important to the well-being of (4) the Cooperative Forest Manage- the economy of the United States; ment Act; (B) the domestic forest products (5) section 401 of the Agricultural industry has a significant poten- Act of 1956 [16 U.S.C. 568e]; tial for expansion in both domes- (6) title IV of the Rural Development tic and foreign markets; Act of 1972 [7 U.S.C. 2651 et. esq.]; (C) many small-sized to medium- and sized forest products firms lack (7) section 1009 and the proviso to the tools that would enable them section 1010 of the Agricultural Act to meet the increasing challenge of 1970, as added by the Agriculture of foreign competition in domestic and Consumer Protection Act of and foreign markets; and 1973 [16 U.S.C. 1509, 1510]. (D) a new cooperative forest (b) Force and effect of con- products marketing program will tracts and cooperative and improve the competitiveness of other agreements under the United States forest products cooperative forestry pro- industry. grams executed under au- (2) PURPOSES.—The purposes of thority of repeal status.— this section are to— Contracts and cooperative and other (A) provide direct technical assis- agreements under cooperative forestry tance to the United States forest programs executed under authority of products industry to improve the Acts, or portions thereof, repealed marketing activities; under subsection (a) of this section (B) provide cost-share grants shall remain in effect until revoked or to States to support State and amended by their own terms or under regional forest products market- other provisions of law. ing programs; and (c) Availability of funds appro- (C) target assistance to small- priated under authority of sized and medium-sized produc- repeal statutes for coopera- ers of solid wood and processed tive forestry assistance pro- wood products, including pulp. grams.—Funds appropriated under (b) PROGRAM AUTHORITY.— the authority of the Acts, or portions (1) IN GENERAL.—The Secretary thereof, repealed under subsection (a) shall establish a cooperative national of this section shall be available for ex- forest products marketing program penditure for the programs authorized under this Act that provides— under this Act. (A) technical assistance to States, landowners, and small- EFFECTIVE DATE sized to medium-sized for- SEC. 17. [16 U.S.C. 2101 note] The est products firms on ways to provisions of this Act shall become ef- improve domestic and foreign fective October 1, 1978. markets for forest products; and SEC. 18. [16 U.S.C. 2112] COOPERA- (B) grants of financial assistance TIVE NATIONAL FOREST PROD- with matching requirements UCTS MARKETING PROGRAM. to the States to assist in State (a) FINDINGS AND PURPOSES.— and regional forest products (1) Findings.—Congress finds marketing efforts targeted to that— aid smallsized to medium-sized (A) the health and vitality of the forest products firms and private, domestic forest products industry nonindustrial forest landowners. 35 (2) INTERSTATE COOPERATIVE ties within the Department of Agri- AGREEMENTS.—Grant agree- culture and with the private sector. ments shall encourage the estab- (2) COMPOSITION.—The Coordi- lishment of interstate cooperative nating Committee shall be com- agreements by the States for the posed of the following: purpose of promoting the devel- (A) The Chief of the Forest opment of domestic and foreign Service. markets for forest products. (B) The Chief of the Natural Re- (c) LIMITATIONS.— sources Conservation Service. (1) COOPERATION WITH OTHER (C) The Director of the Farm FEDERAL AGENCIES.—In carrying Service Agency. out this section, the Secretary shall (D) The Director of the National cooperate with Federal depart- Institute of Food and Agriculture. ments and agencies to avoid the (E) Non-Federal representa- duplication of efforts and to increase tives appointed by the Secretary program efficiency. to 3 year terms, although initial (2) DOMESTIC PROGRAM.—The appointees shall have staggered program authorized under this sec- terms, including the following tion shall be carried out within the persons: United States and not be extended (i) At least three State for- to Department of Agriculture activi- esters or equivalent State ties in foreign countries. officials from geographically (d) AUTHORIZATION FOR APPRO- diverse regions of the United PRIATIONS.—There are authorized to States. be appropriated $5,000,000 for each of (ii) A representative of a State the fiscal years 1988 through 1991, to fish and wildlife agency. carry out this section. (iii) An owner of nonindustrial (e) PROGRAM REPORT.—The private forest land. Secretary shall report to Congress (iv) A forest industry represen- annually on the activities taken under tative. the marketing program established (v) A conservation organiza- under this section. A final report includ- tion representative. ing recommendations for program (vi) A land-grant university or changes and the need and desirability college representative. of the reauthorization of this authority, (vii) A private forestry consul- and required levels of funding, shall be tant. submitted to Congress not later than (viii) A representative from a September 30, 1990. State Technical Committee established under section SEC. 19. [16 U.S.C. 2113] FEDERAL, 1261 of the Food Security Act STATE, AND LOCAL COORDINA- of 1985 (16 U.S.C. 3861). TION AND COOPERATION. (F) Such other persons as de- (a) FOREST RESOURCE COORDI- termined by the Secretary to be NATING COMMITTEE.— appropriate. (1) ESTABLISHMENT.—The Secre- (3) CHAIRPERSON.—The Chief tary shall establish a committee, to of the Forest Service shall serve be known as the “Forest Resource as chairperson of the Coordinating Coordinating Committee” (in this Committee. section referred to as the “Coordi- (4) DUTIES.—The Coordinating nating Committee”), to coordinate Committee shall— 36 nonindustrial private forestry activi- (A) provide direction and coor- (1) ESTABLISHMENT.— dination of actions within the (A) IN GENERAL.—The Secre- Department of Agriculture, and tary, in consultation with the State coordination with State agen- forester or equivalent State offi- cies and the private sector, to cial of each State, shall establish effectively address the national a State Forest Stewardship Co- priorities specified in section 2(c), ordinating Committee (hereafter with specific focus owners of non- referred to in this section as the industrial private forest land; “State Coordinating Committee”) (B) clarify individual agency for each such State. responsibilities of each agency (B) COMPOSITION.—The State represented on the Coordinat- Coordinating Committee shall be ing Committee concerning the chaired and administered by the national priorities specified in State forester, or equivalent State section 2(c), with specific focus official, or the designee thereof, on nonindustrial private forest and shall be composed, to the land; extent practicable, of— (C) provide advice on the al- (i) representatives from the location of funds, including the Forest Service, Soil Conser- competitive funds set-aside by vation Service, Agricultural sections 13A and 13B; and Stabilization and Conserva- (D) assist the Secretary in devel- tion Service, and National oping and reviewing the report Institute of Food and Agricul- required by section 2(d). ture; (5) MEETING.—The Coordinat- (ii) representatives, to be ap- ing Committee shall meet annually pointed by the State forester to discuss progress in addressing or equivalent State official, the national priorities specified in representative of— section 2(c) and issues regarding (I) local government; nonindustrial private forest land. (II) consulting foresters; (6) COMPENSATION.— (III) environmental organiza- (A) FEDERAL MEMBERS.— tions; Members of the Coordinating (IV) forest products industry; Committee who are full-time of- (V) forest land owners; ficers or employees of the United (VI) land-trust organizations, States shall receive no additional if applicable in the State; pay, allowances, or benefits by (VII) conservation organiza- reason of their service on the tions; Coordinating Committee. (VIII) the State fish and (B) NON-FEDERAL MEMBERS.— wildlife agency; and Non-federal members of the (IX) the State Technical Coordinating Committee shall Committee. serve without pay, but may be (iii) any other individuals reimbursed for reasonable costs determined appropriate by the incurred while performing their Secretary. duties on behalf of the Coordinat- (C) TERMS.—The members of ing Committee. the State Coordinating Commit- (b) STATE COORDINATING COMMIT- tee appointed under subpara- TEES.— graph (B)(ii) shall serve 3-year terms, with the initial members 37 serving staggered terms as de- (D) make recommendations to termined by the State forester or the Secretary concerning those equivalent State official, and may forest lands that should be given be reappointed for consecutive priority for inclusion in the Forest terms. Legacy Program established (D) EXISTING COMMITTEES.— pursuant to section 7. Existing State forestry commit- (3) TERMINATION.—The State tees may be used to comple- Coordinating Committees shall not ment, formulate, or replace the terminate. State Coordinating Committees (4) RULE OF CONSTRUCTION.— to avoid duplication of efforts if Nothing in this section shall be such existing committees are construed to compel action by any made up of membership that State official. is similar to that described in subparagraph (B)(ii), and if such SEC. 20. [16 U.S.C. 2114] ADMINI- existing committees include land- STRATION. owners and the general public in (a) IN GENERAL.—The Secretary their memberships. shall administer this Act in accordance (2) DUTIES.—A State Coordinating with regulations that the Secretary Committee shall— shall develop. (A) consult with other Department (b) GUIDELINES.—The regulations of Agriculture and State com- promulgated under this Act shall mittees that address State and include guidelines for the administra- private forestry issues; tion of this Act at the Federal and State (B) make recommendations to levels and shall identify the measures the Secretary concerning the and activities that are eligible for cost assignment of priorities and the sharing under this Act. coordination of responsibilities (c) EXISTING MECHANISMS.—Exist- for the implementation of this Act ing mechanisms shall be used to the by the various Federal and State extent possible to make payments forest management agencies that and deliver services to the landowner take into consideration the man- under this Act. dates of each such agency; (d) LAND GRANT UNIVERSITIES.— (C) make recommendations to The Secretary, in consultation with the State forester or equivalent State foresters or equivalent State State official concerning the de- officials, may provide assistance velopment of the State-wide as- directly to other State and local natural sessment and strategy regarding resource management agencies and forest resource conditions under land grant universities in implement- section 2A; and ing this Act in cases in which the State foresters or equivalent State officials are not able to make fund transfers to other State and local agencies.

38 PART II FOREST SERVICE ECONOMIC ACTION PROGRAM AUTHORITIES

Note: The “Administrative Provisions” tries, and policymakers to create jobs, section of P.L. 107-63, 2001 carries the raise incomes, and increase public following explicit direction authorizing revenues in manners consistent with Forest Service employees to provide environmental concerns. technical assistance to communities: (b) ACTIVITIES.—Each program es- “Funds appropriated to the Forest tablished under subsection (a) shall— Service shall be available for interac- (1) transfer technologies to natural tions with and providing technical assis- resource-based industries in the tance to rural communities for sustain- United States to make such indus- able rural development purpose.” tries more efficient, productive, and competitive; Rural Revitalization through (2) assist businesses to identify Forestry, National Forest Dependent global marketing opportunities, con- Communities, Public Law 101-624. duct business on an international “Food, Agriculture, Conservation, basis, and market themselves more and Trade Act of 1990,” November effectively; and 28, 1990. Title XXIII, Chapter 2. (3) train local leaders in strategic National Forest Dependent Rural community economic development. Communities, “National Forest- (c) TYPES OF PROGRAMS.—The Dependent Rural Communities Secretary of Agriculture shall establish Economic Diversification Act of specific programs under subsection 1990,” Sec. 2371-2379, 7 U.S.C. (a) to— 6611-6617 (1) deliver educational services CHAPTER 1—FORESTRY RURAL focused on community economic REVITALIZATION analysis, economic diversification, economic impact analysis, retention SEC. 2371.7 FORESTRY RURAL and expansion of existing commod- REVITALIZATION.— ity and noncommodity industries, (a) ESTABLISHMENT OF ECONOMIC amenity resource and tourism DEVELOPMENT AND GLOBAL development, and entrepreneurship MARKETING PROGRAM.—The focusing on forest lands and rural Secretary of Agriculture, acting communities; through the Extension Service and the (2) use Cooperative Extension Cooperative Extension System, and in System databases and analytical consultation with the Forest Service, tools to help communities diversify shall establish and implement educa- their economic bases, add value tional programs and provide technical locally to raw forest product materi- assistance to assist businesses, indus- als, and retain revenues by helping to develop local businesses and industries to supply forest products 7 Sec. 202 of Title II-Biomass of the Healthy locally; and Forest Restoration Act of 2003 (P.L. 108-148), (3) use the full resources of the 7 U.S.C. 8101 amended Section 2371 of the Cooperative Extension Service, Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 6601) by adding Sec. (d) Rural including land-grant universities and Revitalization Technologies. county offices, to promote economic 39 development that is sustainable and (3) the economies of many of these environmentally sound. communities suffer from a lack of (d) Rural Revitalization Tech- industrial and business diversity; nologies.— (4) this lack of diversity is particu- (1) In general.—The Secre- larly serious in communities whose tary of Agriculture, acting through economies are predominantly the Chief of the Forest Service, dependent on timber and recreation in consultation with the State and resources and where management Private Forestry Technology Mar- decisions made on National Forest keting Unit at the Forest Products System land by Federal and private Laboratory, and in collaboration with organizations may disrupt the sup- eligible institutions, may carry out a ply of those resources; program— (5) the Forest Service has exper- (A) to accelerate adoption of tise and resources that could be technologies using biomass and directed to promote modernization small-diameter materials; and economic diversification of ex- (B) to create community-based isting industries and services based enterprises through marketing on natural resources; activities and demonstration (6) the Forest Service has the projects; and technical expertise to provide (C) to establish small-scale busi- leadership, in cooperation with other ness enterprises to make use governmental agencies and the pri- of biomass and small-diameter vate sector, to assist rural communi- materials. ties dependent upon National Forest (2) Authorization of appro- System land resources to upgrade priations.—There is authorized existing industries and diversify by to be appropriated to carry out this developing new economic activity in subsection $5,000,000 for each of non-forest-related industries; and fiscal years 2004 through 2008.” (7) technical assistance, training, education, and other assistance CHAPTER 2—NATIONAL FOREST- provided by the Department of Ag- DEPENDENT RURAL COMMUNITIES riculture can be targeted to provide SEC. 2372. SHORT TITLE immediate help to those rural com- munities in greatest need. This chapter may be cited as the (b) PURPOSES.—The purposes of ‘National Forest-Dependent Rural this subchapter are— Communities Economic Diversification (1) to provide assistance to rural Act of 1990.’ communities that are located in or near National Forest System land SEC. 2373. FINDINGS AND and that are economically depen- PURPOSES dent upon natural resources or are (a) FINDINGS.—The Congress finds likely to be economically disadvan- that— taged by Federal or private sector (1) the economic well-being of rural land management practices; America is vital to our national (2) to aid in diversifying such com- growth and prosperity; munities’ economic bases; and (2) the economic well-being of many (3) to improve the economic, social, rural communities depends upon the and environmental well-being of goods and services that are derived rural America. from National Forest System land; 40 SEC. 2374. DEFINITIONS and tourism and that is located As used in this subchapter: within the boundary, or within (1) The term “action team” means a 100 miles of the boundary, of a rural natural resources and eco- national forest. nomic diversification action team es- (4) The term “Secretary” means the tablished by the Secretary pursuant Secretary of Agriculture. to section 6613(b) of this title. (2) The term “economically dis- SEC. 2375. RURAL NATURAL advantaged” means economic RESOURCES AND ECONOMIC hardship due to the loss of jobs or DIVERSIFICATION ACTION TEAMS income (labor or proprietor) derived (a) REQUESTS FOR ASSISTANCE. from forestry, the wood products —Economically disadvantaged rural industry, or related commercial communities may request assistance enterprises such as recreation and from the Secretary in identifying op- tourism in the national forest. portunities that will promote economic (3) The term “rural community” improvement and diversification and means— revitalization. (A) any town, township, mu- (b) ESTABLISHMENT.—Upon request, nicipality, or other similar unit of the Secretary may establish rural natu- general purpose local govern- ral resources and economic diversifica- ment, or any area represented tion action teams to prepare an action by a not-for-profit corporation or plan to provide technical assistance to institution organized under State economically disadvantaged com- or Federal law to promote broad munities. The action plan shall identify based economic development, opportunities to promote economic or unit of general purpose local diversification and enhance local econ- government, as approved by the omies now dependent upon National Secretary, that has a population Forest System land resources. The of not more than 10,000 individu- action team may also identify opportu- als, is located within a county in nities to use value-added products and which at least 15 percent of the services derived from National Forest total primary and secondary labor System land resources. and proprietor income is derived (c) ORGANIZATION.—The Secretary from forestry, wood products, and shall design and organize any action forest-related industries such as team established pursuant to subsec- recreation, forage production, tion (b) of this section to meet the and tourism and that is located unique needs of the requesting rural within the boundary, or within community. Each action team shall be 100 miles of the boundary, of a directed by an employee of the Forest national forest; or Service and may include personnel (B) any county that is not from other agencies within the Depart- contained within a Metropolitan ment of Agriculture, from other Federal Statistical Area as defined by the and State departments and agencies, United States Office of Man- and from the private sector. agement and Budget, in which (d) COOPERATION.—In preparing ac- at least 15 percent of the total tion plans, the Secretary may cooper- primary and secondary labor ate with State and local governments, and proprietor income is derived universities, private companies, indi- from forestry, wood products, and viduals, and nonprofit organizations for forest-related industries such as procurement of services determined necessary or desirable. recreation, forage production, 41 (e) ELIGIBILITY.—The Secretary shall In calculating the Federal contribution, ensure that no substantially similar the Secretary shall take into account geographical or defined local area in a the fair market value of equipment, State receives a grant for technical as- personnel, and services provided. sistance to an economically disadvan- (d) AVAILABLE AUTHORITY.—The taged community under this subchap- Secretary may use the Secretary’s au- ter and a grant for assistance under a thority under the Cooperative Forestry designated rural development program Assistance Act of 1978 (16 U.S.C.2101 during any continuous five-year period. et seq.) and other Federal, State, and (f) APPROVAL.—After reviewing re- local governmental authorities in imple- quests under this section for financial menting action plans. and economic feasibility and viability, (e) CONSISTENCY WITH FOREST the Secretary shall approve and imple- PLANS.—The implementation of ac- ment in accordance with section 6614 tion plans shall be consistent with land of this title those action plans that will and resource management plans. achieve the purposes of this subchapter. (g) “DESIGNATED RURAL DEVELOP- SEC. 2377. TRAINING AND MENT PROGRAM” DEFINED.—In this EDUCATION section, the term “designated rural de- (a) PROGRAMS.—In furtherance of velopment program” means a program an action plan, the Secretary may use carried out under section 1924(b), the Extension Service and other ap- 1926(a), or 1932(e) of this title for propriate agencies of the Department which funds are available at any time of Agriculture to develop and conduct during the fiscal year education programs that assist busi- nesses, elected or appointed officials, SEC. 2376. ACTION PLAN and individuals in rural communities IMPLEMENTATION to deal with the effects of a transition (a) IN GENERAL.—Action plans shall from being economically disadvan- be implemented, insofar as practi- taged to economic diversification. cable, to upgrade existing industries to These programs may include— use natural resources more efficiently (1) community economic analysis and to expand the economic base of and strategic planning; rural communities so as to alleviate or (2) methods for improving and re- reduce their dependence on National tooling enterprises now dependent Forest System land resources. on National Forest System land (b) ASSISTANCE.—To implement resources; action plans, the Secretary may make (3) methods for expanding en- grants and enter into cooperative terprises and creating new eco- agreements and contracts to provide nomic opportunities by emphasizing necessary technical and related assis- economic opportunities in other tance. Such grants, cooperative agree- industries or services not dependent ments, and contracts may be with the on National Forest System land affected rural community, State and resources; and local governments, universities, corpo- (4) assistance in the evaluation, rations, and other persons. counseling, and enhancement of vo- (c) LIMITATION.—The Federal con- cational skills, training in basic and tribution to the overall implementation remedial literacy skills, assistance of an action plan shall not exceed 80 in job seeking skills, and training percent of the total cost of the plan, in- in starting or operating a business cluding administrative and other costs. enterprise. 42 (b) EXISTING EDUCATIONAL AND (1) an amount not to exceed 5 per- TRAINING PROGRAMS.—Insofar as cent of the sum of— practicable, the Secretary shall use (A) the sums received by the existing Federal, State, and private Secretary from sales of timber education resources in carrying out and other products of the forests; these programs and (B) user fees paid in connection SEC. 2378. LOANS TO with the use of forest lands; and ECONOMICALLY DISADVANTAGED (2) such additional sums as may be RURAL COMMUNITIES necessary to carry out the purposes (a) IN GENERAL.—The Secretary, un- of this subchapter. der such terms and conditions as the (b) LIMITATION ON AUTHORIZA- Secretary shall establish, may make TION.—Subsection (a) of this section loans to economically disadvantaged shall not in any way affect payments to rural communities for the purposes the States pursuant to section 500 of of securing technical assistance and Title16. services to aid in the development and (c) SPENDING AUTHORITY.—Any implementation of action plans, includ- spending authority (as defined in ing planning for— section 651 of Title 2) provided in this (1) improving existing facilities in subchapter shall be effective for any the community that may generate fiscal year only to such extent or in employment or revenue; such amounts as are provided in ap- (2) expanding existing infrastructure, propriation Acts. facilities, and services to capitalize on opportunities to diversify econo- RURAL DEVELOPMENT mies now dependent on National The Rural Development component Forest System land resources; and of the Economic Action Programs (3) supporting the development of within the USDA Forest Service was new industries or commercial ven- established in 1989 following the di- tures unrelated to National Forest rection in the Report of the Senate System land resources. Committee on Appropriations con- (b) INTEREST RATES.—The inter- sidering the Forest Service’s State est rates on a loan made pursuant to and Private Forestry appropriation this section shall be as determined by (Senate Report No. 100-410, July 6, the Secretary, but not in excess of the 1988, Appropriations Committee). The current average market yield on out- direction provided for an “economic standing marketable obligations of the diversification through rural develop- United States with remaining periods ment initiative.” This language carried to maturity comparable to the maturity with it a specific allocation and broad of such loan, plus not to exceed 1 per- direction for its implementation. The cent, as determined by the Secretary, Senate Committee on Appropriations and rounded to the nearest one-eighth Report was subsequently accepted in of 1 percent. conference. For legislative authority and history see P.L 100-446, 1989 and SEC. 2379. AUTHORIZATION OF P.L. 107-63, 2001. APPROPRIATIONS AND SPENDING AUTHORITY For more explicit information regard- (a) AUTHORIZATION OF APPRO- ing the conduct of rural development PRIATIONS.—Except as provided in programs this publication includes in subsection (b) of this section, there are Appendix A, the October 24, 2000 letter authorized to be appropriated— 43 from the Chief Operating Office of the velopment program along with the USDA Forest Service to Line Officers accompanying guidelines which were outlining the authority for a rural de- enclosed with the correspondence.

44 PART III FOREST PRODUCTS CONSERVATION AND RECYCLING PROGRAM AUTHORITIES

MODERN TIMBER BRIDGE to conduct, support, and cooperate INITIATIVE.—Signed by President and in an expanded wood fiber recycling Became Public Law No: 101-624 on research program, including the ac- 11/28/1990. quisition of necessary equipment. The Secretary shall seek to ensure that the SECTION 1. SHORT TITLE program includes the cooperation and (Short Title.—This Act may be cited as support of private industry and that the ‘Food, Agriculture, Conservation, program goals include the applica- and Trade Act of 1990). tion of such research to industry and consumer needs. Title XII.—State And Private Forestry, (c) AUTHORIZATION OF APPRO- Subtitle B.—Research And Education, PRIATIONS.—In addition to any other Chapter 2.—Specialized Research. funds made available to implement Sec. 1241, Research And Utilization. section 3 of this Act, for the 5-year period beginning on October 1, 1990, SEC. 9. RECYCLING RESEARCH. there are authorized to be appropriated (a) FINDINGS.—Congress finds that— annually $10,000,000 to implement (1) the United States is amassing this section. vast amounts of solid wastes, which (d) MODERN TIMBER BRIDGE INI- is presenting an increasing problem TIATIVE.— for municipalities in locating suitable (1) IN GENERAL.—The Secretary disposal sites; of Agriculture is authorized to con- (2) a large proportion of these tinue the Modern Timber Bridge Ini- wastes consists of paper and other tiative to provide Federal funds, on wood wastes; a cost share basis as determined by (3) less than one-third of these pa- the Secretary, for the construction per and wood wastes are recycled; of demonstration bridges, modern (4) additional recycling would result bridge technology transfer projects, in reduced solid waste landfill and conferences. disposal and would contribute to a (2) APPROPRIATIONS.—There are reduced rate of removal of standing hereby authorized to be appropri- timber from forest lands; and ated annually $5,000,000 to carry (5) additional research is needed out this subsection. to develop technological advances NOTE: For additional program to address barriers to increased authorities in support of Forest recycling of paper and wood wastes Products Conservation and Recy- and utilization of products consisting cling see the Cooperative Forestry of recycled materials. Assistance Act, 1978, 16 U.S.C. (b) RECYCLING RESEARCH PRO- 2101, 2104-2105. GRAM.—The Secretary is authorized

45 PART IV WATERSHED RESTORATION AND ENHANCEMENT (WYDEN AMENDMENT AUTHORITIES FOR NFS RELATED WORK ON OTHER LANDS)

Public Law 105-277, October 1, 1998, (c) TERMS AND CONDITIONS.—In Title III, General Provisions Sec. 323 order for the Secretary to enter into a set up the general authority. It was watershed restoration and enhance- amended by Public Law 107-63, ment agreement.— November 5, 2001, General Provisions, (1) the agreement shall— Sec. 330. The amendment extended (A) include such terms and condi- the authority until 2005. tions mutually agreed to by the Secretary and the landowner, TITLE III—GENERAL PROVISIONS state or local government, or Sec. 323. NOTE: 16 U.S.C. 1011 private or nonprofit entity; note. (B) improve the viability of and (a) WATERSHED RESTORATION otherwise benefit the fish, wildlife, AND ENHANCEMENT AGREE- and other resources on national MENTS.—For fiscal year 1999, 2000, forests lands within the water- and 2001, to the extent funds are shed; otherwise available, appropriations (C) authorize the provision of for the Forest Service may be used technical assistance by the Sec- by the Secretary of Agriculture for the retary in the planning of manage- purpose of entering into cooperative ment activities that will further the agreements with willing Federal, tribal, purposes of the agreement; State and local governments, private (D) provide for the sharing of and nonprofit entities and landown- costs of implementing the agree- ers for the protection, restoration and ment among the Federal Gov- enhancement of fish and wildlife habi- ernment, the landowner(s), and tat, and other resources on public or other entities, as mutually agreed private land, the reduction of risk from on by the affected interests; and natural disaster where public safety is (E) ensure that any expenditure threatened, or a combination thereof by the Secretary pursuant to or both that benefit these resources the agreement is determined by within the watershed. the Secretary to be in the public (b) DIRECT AND INDIRECT WA- interest; and TERSHED AGREEMENTS.—The (2) the Secretary may require such Secretary of Agriculture may enter into other terms and conditions as are a watershed restoration and enhance- necessary to protect the public ment agreement.— investment on non-Federal lands, (1) directly with a willing private provided such terms and conditions landowner; or are mutually agreed to by the Sec- (2) indirectly through an agreement retary and other landowners, State with a State, local or tribal govern- and local governments or both. ment or other public entity, educa- (d) REPORTING REQUIREMENTS.— tional institution, or private nonprofit Not later than December 31, 1999, the Secretary shall submit a report to the 46 organization. Committees on Appropriations of the 1999, as included in Public Law 105- House and Senate, which contains— 277, Div. A, section 101(e) is amended (1) A concise description of each by inserting ‘and fiscal years 2002 project, including the project through 2005,’ before ‘to the extent purpose, location on federal and funds are otherwise available’. non-federal land, key activities, and Note.—For further guidance on the all parties to the agreement. use of this watershed restoration and (2) the funding and/or other contri- enhancement authority readers are ad- butions provided by each party for vised to consult Forest Service Manual each project agreement. (FSM), Chapter 1500—External Extension through 2005 Relations and Chapter 1580—Grants, P.L. 107-63, Title III, SEC. 330. Cooperative Agreements, and Other October 19, 1999—Section 323(a) Agreements as spelled out in Interim of the Department of the Interior and Directive No.: 1580-2002-1: Effective Related Agencies Appropriations Act, Date: October 25, 2002.

47 PART V BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM

Public Law 108-148, 16 U.S.C. heat, transportation fuel, or substi- 6531, Dec. 3, 2003. Healthy Forest tutes for petroleum-based products, Restoration Act, SEC. 203, added the Secretary may make grants to a the following authority for the person that owns or operates a facil- Forest Service to carry out a ity that uses biomass for wood-based Biomass Commercial Utilization products or other commercial purposes Grant Program to offset the costs incurred to purchase biomass. SEC. 203. BIOMASS COMMERCIAL (b) AUTHORIZATION OF APPRO- UTILIZATION GRANT PROGRAM. PRIATIONS.—There is authorized to (a) IN GENERAL.—In addition to any be appropriated to carryout this section other authority of the Secretary of $5,000,000 for each of fiscal years Agriculture to make grants to a per- 2004 through 2008. son that owns or operates a facility that uses biomass as a raw material to produce electric energy, sensible

48 PART VI TRIBAL WATERSHED FORESTRY ASSISTANCE

Public Law 108-148, 16 U.S.C. (D) to complement tribal efforts to 6542, Dec. 3, 2003. Healthy Forest protect water quality and provide Restoration Act, SEC. 303, added enhanced opportunities for con- the following authority for the sultation and cooperation among Forest Service to carry out a Tribal Federal agencies and tribal enti- Watershed Forestry Assistance ties charged with responsibility Program for water and watershed man- agement; and SEC. 303. TRIBAL WATERSHED (E) to provide enhanced forest FORESTRY ASSISTANCE. resource data and support for (a) IN GENERAL.—The Secretary of improved implementation and Agriculture (referred to in this section monitoring of tribal forestry best- as the “Secretary”), acting through management practices. the Chief of the Forest Service, shall (c) WATERSHED FORESTRY PRO- provide technical, financial, and related GRAM.— assistance to Indian tribes for the pur- (1) In general.—The Secretary pose of expanding tribal stewardship shall establish a watershed forestry capacities and activities through tribal program in cooperation with Indian forestry best-management practices tribes. and other means at the tribal level to (2) Programs and pro- address watershed issues on land un- jects.—Funds or other support der the jurisdiction of or administered provided under the program shall by the Indian tribes. be made available for tribal for- (b) TECHNICAL ASSISTANCE TO estry best-management practices PROTECT WATER QUALITY.— programs and watershed forestry (1) In general.—The Secretary, in projects. cooperation with Indian tribes, shall (3) Annual awards.—The Sec- develop a program to provide techni- retary shall annually make awards cal assistance to protect water qual- to Indian tribes to carry out this ity, as described in paragraph (2). subsection. (2) Purpose of program.— (4) Project elements and The program under this subsection objectives.—A watershed for- shall be designed— estry project shall accomplish criti- (A) to build and strengthen water- cal forest stewardship, watershed shed partnerships that focus on protection, and restoration needs forested landscapes at the State, within land under the jurisdiction of regional, tribal, and local levels; or administered by an Indian tribe (B) to provide tribal forestry by demonstrating the value of trees best-management practices and and forests to watershed health and water quality technical assistance condition through— directly to Indian tribes; (A) the use of trees as solutions (C) to provide technical guidance to water quality problems; to tribal land managers and poli- (B) application of and dissemina- cymakers for water quality protec- tion of monitoring information tion through forest management; on forestry best-management 49 practices relating to watershed (6) Watershed forester.— forestry; The Secretary may provide to Indian (C) watershed-scale forest man- tribes under this section financial agement activities and conserva- and technical assistance to estab- tion planning; lish a position of tribal forester to (D) the restoration of wetland lead tribal programs and coordinate and stream-side forests and the small watershed-level projects. establishment of riparian vegeta- (d) DISTRIBUTION.—The Secretary tive buffers; and shall devote— (E) tribal-based planning, in- (1) at least 75 percent of the funds volvement, and action through made available for a fiscal year State, tribal, local, and nonprofit under subsection (e) to the program partnerships. under subsection (c); and (5) Prioritization.—An Indian (2) the remainder of the funds to tribe that participates in the program deliver technical assistance, educa- under this subsection shall priori- tion, and planning in the field to tize watersheds in land under the Indian tribes. jurisdiction of or administered by (e) AUTHORIZATION OF APPRO- the Indian tribe to target watershed PRIATIONS.—There is authorized to forestry projects funded under this be appropriated to carryout this section subsection. $2,500,000 for each of fiscal years 2004 through 2008.

50 PART VII Hispanic-Serving Institution Agricultural Land National Resources Leadership Program

TITLE 16 CHAPTER 36 recruitment, retention, and training of SUBCHAPTER II Hispanics and other under-represented 1649a. Hispanic-serving institution groups in forestry and related fields. agricultural land national resources (c) Use of grant funds.—Grants leadership program. made under this section shall be used (a) Definition of Hispanic-serv- to recruit, retain, train, and develop ing institution.—In this section, professionals to work in forestry and the term “Hispanic-serving institution” related fields with Federal agencies, has the meaning given that term in such as the Forest Service, State section 1101a (a)(5) of title 20. agencies, and private-sector entities. (b) Grant Authority.—The Sec- (d) Authorization of appropri- retary of Agriculture may make grants, ations.—There are authorized to be on a competitive basis, to Hispanic- appropriated to the Secretary for each serving institutions for the purpose of fiscal years 2008 through 2012 such of establishing an undergraduate sums as may be necessary to carry scholarship program to assist in the out this section.

51 PART VIII Forest Biomass For Energy Authorities (Woody Biomass)

Public Law 110-246, 7 U.S.C. 107, Feb. 2, 2010. Food, Conservation, (B) any organic matter that is and Energy Act of 2008, SECs. available on a renewable or 8101, 8111, 8112, and 8113 added recurring basis from non-Federal language and authority for woody land or land belonging to an biomass utilization. Indian or Indian tribe that is held in trust by the United States or TITLE 7 CHAPTER 107 subject to a restriction against 8101. Definitions alienation imposed by the United (12) Renewable biomass States, including— The term “renewable biomass” (i) renewable plant material, means— including— (A) materials, pre-commercial (I) feed grains; thinnings, or invasive species (II) other agricultural com- from National Forest System land modities; and public lands (as defined in (III) other plants and trees; section 1702 of title 43) that— and (i) are byproducts of pre- (IV) algae; and ventive treatments that are (ii) waste material, including— removed— (I) crop residue; (I) to reduce hazardous (II) other vegetative waste fuels; material (including wood (II) to reduce or contain dis- waste and wood residues); ease or insect infestation; or (III) animal waste and (III) to restore ecosystem byproducts (including fats, health; oils, greases, and manure); (ii) would not otherwise be and used for higher-value prod- (IV) food waste and yard ucts; and waste. (iii) are harvested in accor- (13) Renewable energy dance with— The term “renewable energy” (I) applicable law and land means energy derived from— management plans; and (A) a wind, solar, renewable (II) the requirements for— biomass, ocean (including tidal, (aa) old-growth mainte- wave, current, and thermal), nance, restoration, and geothermal, or hydroelectric management direction of source; or paragraphs (2), (3), and (B) hydrogen derived from re- (4) of subsection (e) of newable biomass or water using section 6512 of title 16; an energy source described in and subparagraph (A). (bb) large-tree retention 8111. Biomass Crop Assistance of subsection (f) of that Program section; or (a) Definitions.—In this section: 52 (1) BCAP.—The term “BCAP” (B) Exclusions.—The term means the Biomass Crop Assis- “eligible lands” does not include— tance Program established under (i) Federal-or State-owned this section. land; (2) BCAP project area.—The (ii) Land that is native sod, as term “BCAP project area” means an of the date of enactment of area that— the Food, Conservation, and (A) Has specified boundaries Energy Act of 2008; that are submitted to the Secre- (iii) Land enrolled in the tary by the project sponsor and conservation reserve program subsequently approved by the established under subchapter Secretary; B of chapter 1 of subtitle D of (B) Includes producers with con- title XII of the Food Security tract acreage that will supply a Act of 1985 (16 U.S.C. 3831 portion of the renewable biomass et seq.); conversion facility; and (iv) Land enrolled in the (C) Is physically located within an wetlands reserve program economically practicable distance established under subchapter from the biomass conversion C of chapter 1 of subtitle D of facility. title XII of that Act (16 U.S.C. (3) Contract acreage.—The 3837 et seq.); or term “contract acreage” means (v) Land enrolled in the eligible land that is covered by a grassland reserve program BCAP contract entered into with the established under subchapter Secretary. D of chapter 2 of subtitle D of (4) Eligible crop.— title XII of that Act (16 U.S.C. (A) In general.—The term 3838n et seq.). “eligible crop” means a crop of (6) Eligible material.— renewable biomass. (A) In general.—The term (B) Exclusions.—The term “eligible material” means renew- “eligible crop” does not include— able biomass. (i) any crop that is eligible to (B) Exclusions.—The term receive payments under title I of “eligible material” does not the Food, Conservation, and En- include— ergy Act of 2008[7 U.S.C. 8701 et (i) any crop That is eligible to seq.] or an amendment made by receive payments under title that title; or I of the Food, Conservation, (ii) any plant that is inva- and Energy Act of 2008[7 sive or noxious or has the U.S.C. 8701 et seq.] or an potential to become invasive amendment made by that or noxious, as determined by title; the Secretary, in consultation (ii) animal waste and by- with other appropriate Federal products (including fats, oils, or State departments and greases, and manure); agencies. (iii) food waste and yard (5) Eligible land.— waste; or (A) In general.—The term (iv) algae. “eligible land” includes agricul- (7) Producer.—The term “pro- tural and nonindustrial private ducer” means an owner or operator forest lands (as defined in section of contract acreage that is physically 2103a (c) of title 16). located within a BCAP project area. 53 (8) Project Sponsor.—The (iv) any other appropriate in- term “project sponsor” means— formation about the biomass (A) A group of producers; or conversion facility or pro- (B) A biomass conversion facility. posed biomass conversion fa- (b) Establishment and pur- cility that gives the Secretary pose.—The Secretary shall establish a reasonable assurance that and administer a Biomass Crop As- the plant will be in operation sistance Program to— by the time that the eligible (1) Support the establishment and crops are ready for harvest. production of eligible crops for (B) BCAP project area conversion to bioenergy in selected selection criteria.—In BCAP project areas; and selecting BCAP project areas, the (2) Assist agricultural and forest Secretary shall consider— land owners and operators with (i) The volume of the eli- collection, harvest, storage, and gible crops proposed to be transportation of eligible material for produced in the proposed use in a biomass conversion facility. BCAP project area and the (c) BCAP project area.— probability that such crops will (1) In general.—The Secretary be used for the purposes of shall provide financial assistance the BCAP; to producers of eligible crops in a (ii) The volume of renewable BCAP project area. biomass projected to be avail- (2) Selection of project able from sources other than areas.— the eligible crops grown on (A) In general.—To be con- contract areas; sidered for selection as a BCAP (iii) The anticipated economic project area, a project sponsor impact in the proposed BCAP shall submit to the Secretary project area; a proposal that includes, at a (iv) The opportunity for pro- minimum— ducers and local investors to (i) a description of the eligible participate in the ownership land and eligible crops of of the biomass conversion each producer that will partici- facility in the proposed BCAP pate in the proposed BCAP project area; project area; (v) The participation rate by— (ii) a letter of commitment (I) beginning farmers or from a biomass conversion ranchers(as defined in ac- facility that the facility will use cordance with section 1991 the eligible crops intended to (a) of this title; or be produced in the proposed (II) socially disadvantaged BCAP project area; farmers or ranchers ( as (iii) evidence that the bio- defined in section 2279 (e) mass conversion facility has of this title); sufficient equity available, as (vi) the impact on soil, water, determined by the Secretary, and related resources; if the biomass conversion fa- (vii) the variety in biomass cility is not operational at the production approaches within time the proposal is submitted a project area, including (as to the Secretary; and appropriate)—

54 (I) agronomic conditions; (C) Duration.—A contract (II) harvest and post har- under this subsection shall have vest; (III) practices; and a term of up to— monoculture and polycul- (i) 5 years for annual and ture crop mixes; perennial crops; or (viii) the range of eligible (ii) 15 years for woody bio- crops among project areas; mass. and (4) Relationship to other (ix) any additional information, programs.—In carrying out this as determined by the Secre- subsection, the Secretary shall pro- tary. vide for the preservation of cropland (3) Contract.— base and yield history applicable (A) In general.—On approval to the land enrolled in a BCAP of a BCAP project area by the contract. Secretary, each producer in the (5) Payments.— BCAP project area shall enter (A) In general.—The Secre- into a contract directly with the tary shall make establishment Secretary. and annual payments directly to (B) Minimum Terms.—At a producers to support the estab- minimum contracts shall include lishment and production of eli- terms that cover— gible crops on contract acreage. (i) An agreement to make (B) Amount of establish- available to the Secretary, or ment payments.—The to an institution of higher edu- amount of an establishment pay- cation or other entity desig- ment under this subsection shall nated by the Secretary, such be up to 75 percent of the costs information as the Secretary of establishing an eligible peren- considers to be appropriate to nial crop covered by the contract, promote the production of eli- including— gible crops and the develop- (i)The cost of seeds and stock ment of biomass conversion for perennials; technology; (ii) The cost of planting the (ii) Compliance with the highly perennial crop, as determined erodible land conservation by the Secretary; and requirements of subtitle B of (iii) In the case of nonindus- title XII of the Food Security trial private forestland, the Act of 1985 (16 U.S.C. 3811 costs of site preparation and et seq.) and the wetland tree planting. conservation requirements of (C) Amount of annual subtitle C of title XII of that Act payments.— (16 U.S.C. 3821 et seq.); (i) In general Subject to (iii) The implementation of (as clause (ii), the amount of an determined by the Secre- annual payment under this tary)— subsection shall be deter- (I) a conservation plan; or mined by the Secretary. (II) a forest Stewardship; (ii) Reduction The Secretary plan or an equivalent shall reduce an annual pay- plan;and ment by an amount deter- (iv) Any additional require- mined to be appropriate by ment the Secretary considers the Secretary, if— appropriate. 55 (I) An eligible crop is used (c), a producer receiving a payment for purposes other than the under this subsection for collection, production of energy at the harvest, storage or transportation of biomass conversion facility; an eligible crop produced on BCAP (II) An eligible crop is deliv- acreage shall agree to a reduction ered to the biomass conver- in the annual payment. sion facility; (e) Report.—Not later than 4 years (III) The producer receives pay- after the date of enactment of the ment under subsection (d); Food, Conservation, and Energy Act of (IV) The producer violates a 2008, the Secretary shall submit to the term of the contract;or Committee on Agriculture of the House (V) There are such other of Representatives and the Committee circumstances, as deter- on Agriculture, Nutrition, and Forestry mined by the Secretary to of the Senate a report on the dis- be necessary to carry out semination by the Secretary of the best this section. practice data and information gathered (d) Assistance with collec- from participants receiving assistance tion, harvest, storage, and under this section. transportation.— (f) Funding.—Of the funds of the (1) In general.—The Secretary Commodity Credit Corporation, the shall make a payment for the deliv- Secretary shall use to carry out this ery of eligible material to a biomass section such sums as are necessary conversion facility to— for each of fiscal years 2008-2012. (A) A producer of an eligible crop that is produced on BCAP con- TITLE 7 CHAPTER 107 tract acreage; or 8112. Forest biomass for energy (B) A person with the right to col- (a) In general.—The Secretary, act- lect or harvest eligible material. ing through the Forest Service, shall (2) Payments.— conduct a competitive research and (A) Costs covered.—A pay- development program to encourage ment under this subsection shall use of forest biomass for energy. be in an amount described in (b) Eligible entities.—Entities subparagraph (B) for— eligible to compete under the program (i) collection; under this section include— (ii) harvest; (1) The Forest Service (acting (iii) storage; and through Research and Develop- (iv) transportation to a biomas ment); conversion facility. (2) Other Federal agencies; (B) Amount.—Subject to (3) State and local governments; paragraph (3), the Secretary may (4) Indian Tribes; provide matching payments at (5) Land-grant colleges and univer- a rate of $1 for each $1 per ton sities; and provided by the biomass conver- (6) Private entities. sion facility, in an amount equal (c) Priority for project selec- to not more than $45 per ton for a tion.—In carrying out this section, the period of 2 years. Secretary shall give priority to projects (3) Limitation on assistance that— for BCAP contract acre- (1) Develop technology and tech- age.—As a condition of the receipt niques to use low–value forest bio- of annual payment under subsection mass, such as byproducts of forest 56 health treatments and hazardous (b) Grant program.— fuels reduction, for the production of (1) In general.—The Secretary, energy; acting through the Chief of the (2) Develop processes that integrate Forest Service, shall establish a production of energy from forest program to be known as the “Com- biomass into biorefineries or other munity Wood Energy Program” to existing manufacturing streams; provide— (3) Develop new transportation fuels (A) Grants of up to $50,000 to from forest biomass; and State and local governments (or (4) Improve the growth and yield of designees) to develop community trees intended for renewable energy wood energy plans; and production. (B) Competitive grants to State (d) Authorization of appropriations and local governments to acquire There is authorized to be appropriated or upgrade community wood to carry out this section $15,000,000 energy systems. for each of fiscal years 2009–2012. (2) Considerations.—In select- ing applicants for grants under TITLE 7 CHAPTER 107 paragraph (1)(B), the Secretary 8113. Community wood energy shall consider-— program (A) The energy efficiency of the (a) Definitions.—In this section: proposed system; (1) Community wood energy (B) The cost effectiveness of the plan.—The term “community wood proposed system; energy plan” means an assessment (C) Other conservation and of— environmental criteria that the (A) Available feedstocks neces- Secretary considers appropriate. sary to supply a community wood (3) Use of plan.—A State or lo- energy system; and cal government applying to receive (B) The long-term feasibility of a competitive grant described in supplying and operating a com- paragraph (1)(B) shall submit to the munity wood energy system. Secretary as part of the grant ap- (2) Community wood energy plication the applicable community system.— wood energy plan. (A) In general.—The term (c) Limitation.—A community wood “community wood energy system” energy system acquired with grant means an energy system that— funds provided under subsection (b)(1) (i) Primarily services public fa- (B) shall not exceed an output of— cilities owned or operated by (1) 50,000,000 Btu per hour for State or local governments, heating; and including schools, town halls, (2) 2 megawatts for electric power libraries, and other public production. buildings; and (d) Matching funds.—A State or (ii) Uses woody biomass as local government that receives a grant the primary fuel. under subsection (b) shall contribute (B) Inclusions.—The term an amount of non-Federal funds to- “community wood energy system” wards the development of the commu- includes single facility central nity wood energy plan, or acquisition of heating, district heating, com- the community wood energy systems bined heat and energy systems, that is at least equal to the amount of and other related biomass energy grant funds received by the State or lo- systems. cal government under that subsection. 57 (e) Authorization of appropri- $5,000,000 for each of fiscal years ations.—There is authorized to be 2009–2012. appropriated to carry out this section

58 PART IX ENVIRONMENTAL SERVICE MARKETS AUTHORITIES

Public Law 99-198, 16 U.S.C. 3845, of subsection (b) for inclusion in the Dec. 23, 1985, Food Security Act registry required by paragraph (3) of of 1985, set up the general author- such subsection has implemented ity. It was amended by Public Law the conservation or land manage- 110-246, June 18, 2008, Food, ment activity covered by the report. Conservation, and Energy Act of (2) Role of third parties.— 2008, Sec. 4(a), title II, Sec. 2709. In establishing the verification guidelines required by paragraph TITLE 16 CHAPTER 58 (1), the Secretary shall consider the SUBCHAPTER V role of third-parties in conducting 3845. Environmental services independent verification of benefits markets [16 U.S.C 3845] produced for environmental services (a) Technical guidelines re- markets and other functions, as quired.—The Secretary shall estab- determined by the Secretary. lish technical guidelines that outline (d) Use of existing informa- science-based methods to measure tion.—In carrying out subsection (b), the environmental services benefits the Secretary shall build on activities or from conservation and land manage- information in existence on the date of ment activities in order to facilitate the enactment of the Food, Conserva- the participation of farmers, ranchers, tion, and Energy Act of 2008 regarding and forest land owners in emerging environmental services markets. environmental services markets. The (e) Consultation.—In carrying out Secretary shall give priority to the the section, the Secretary shall consult establishment of guidelines related to with the following: farmer, rancher, and forest landowner (1) Federal and State government participation in carbon markets. agencies. (b) Establishment.—The Secre- (2) Nongovernmental interests tary shall establish guidelines under including— subsection (a) for use in developing (A) farm, ranch, and forestry the following: producers; (1) A procedure to measure environ- (B) financial institutions involved mental service benefits. in environmental services trading; (2) A protocol to report environmen- (C) institutions of higher educa- tal services benefits. tion with relevant expertise or (3) A registry to collect, record and experience; maintain the benefits measured. (D) nongovernmental organiza- (c) Verification requirements.— tions with relevant expertise or (1) Verification of reports.— experience; and The Secretary shall establish guide- (E) private sector representatives lines for a process to verify that a with relevant expertise or experi- farmer, rancher, or forest landowner ence. who reports an environmental (3) Other interested persons, as services benefit pursuant to the determined by the Secretary. protocol required by paragraph (2)

59 PART X PEST AND DISEASE REVOLVING LOAN FUND AUTHORITIES

Public Law 110-246, 16 U.S.C. 2104a, Revolving Loan Fund”, consisting of June 18, 2008, Food, Conservation, such amounts as the Secretary deter- and Energy Act of 2008, Sec. 4(a), mines are necessary to provide loans title X, Sec. 10205, set up the gen- under subsection (f). eral authority. (c) Expenditures from Fund.— (1) In general.—Subject to TITLE 16 CHAPTER 41 paragraph (2), on request by the 2104a. Pest and Disease Revolving Secretary, the Secretary of the Trea- Loan Fund [16 U.S.C 2104a] sury shall transfer from the Fund to (a) Definitions.—In this section: the Secretary such amounts as the (1) Authorized equipment.— Secretary determines are necessary (A) In general.—The Term to provide loans under subsection (e). “authorized equipment” means (2) Administrative expens- any equipment necessary for the es.—An amount not exceeding management of forest land. 10 percent of the amounts in the (B) Inclusions.—The term Fund shall be available for each “authorized equipment” includes– fiscal year to pay the administrative (i) cherry pickers expenses necessary to carry out (ii) equipment necessary for— this section. (I) the construction of stag- (d) Transfers of amounts.— ing and marshalling areas; (1) In general.—The amounts (II) The planting of trees; required to be transferred to the and Fund under this section shall be (III) The surveying of forest transferred at least monthly from land; the general fund of the Treasury to (iii) Vehicles capable of trans- the Fund on the basis of estimates porting harvested trees; made by the Secretary of the Trea- (iv) Wood chippers; and sury. (v) Any other appropriate (2) Adjustments.—Proper ad- equipment, as determined by justments shall be made in amounts the Secretary. subsequently transferred to the ex- (2) Fund.—The term ”Fund” means tent prior estimates were in excess the Pest and Disease Revolving of or less than the amounts required Loan Fund established by subsec- to be transferred. tion (b). (e) Uses of Fund.— (3) Secretary.—The term (1) Loans.— ”Secretary” means the Secretary (A) In general.—The Sec- of Agriculture, acting through the retary shall use amounts in the Deputy Chief of the State and Pri- Fund to provide loans to eligible vate Forestry organization. units of local government to (b) Establishment of Fund.— finance purchases of authorized There is established in the Treasury equipment to monitor, remove, of the United States a revolving fund, dispose of, and replace infested to be known as the “Pest and Disease trees that are located—

60 (i) On land under the jurisdic- government shall enter into an tion of the eligible units of agreement with the Secretary local government; and to establish a loan repayment (ii) Within the borders of schedule relating to the repay- quarantine areas infested by ment of the loan. plant pests. (B) Requirements relat- (B) Maximum amount.—The ing to loan repayment maximum amount of a loan that schedule.—A loan repayment may be provided by the Secretary schedule established under to an eligible unit of local govern- subparagraph (A) shall require ment under this subsection shall the eligible unit of local govern- be the lesser of— ment— (i) The amount that the eli- (i) To repay to the Secretary gible unit of local government of the Treasury, not later than has appropriated to finance 1 year after the date on which purchases of authorized the eligible unit of local gov- equipment in accordance with ernment receives loan under subparagraph (A); or paragraph (1), and semian- (ii) $5,000,000 nually thereafter, an amount (C) Interest rate.—The equal to the quotient obtained interest rate on any loan made by by dividing— the Secretary under this para- (I) The principal amount of graph shall be a rate equal to 2 the loan (including interest); percent. by (D) Report.—Not later than 180 (II) The total quantity of days after the date on which an payments that the eligible eligible unit of local government unit of local government receives a loan provided by the is required to make during Secretary under subparagraph the repayment period of the (A), the eligible unit of local loan; and government shall submit to the (ii) Not later than 20 years Secretary a report that describes after the date on which the each purchase made by the eli- eligible unit of local govern- gible unit of local government us- ment receives a loan under ing assistance provided through paragraph (1), to complete the loan. repayment to the Secretary of (2) Loan repayment the Treasury of the loan made schedule.— under this section (including (A) In general.—To be eli- interest). gible to receive a loan from the (f) Authorizations of appropri- Secretary under paragraph (1), ations.—There are authorized to be in accordance with each require- appropriated to the Fund such sums as ment described in subparagraph are necessary to carry out this section. (B), an eligible unit of local

61 PART XI Cooperative Fire Assistance Programs

Authorities for Forest Service Fire assistance purposes of wild land and Mission rural community fire prevention and Federal agencies must have explicit suppression control.) authority to perform functions. These authorities must be supported by law. Economy Act (31 U.S.C. 1535): The ability to acquire Federal resourc- Authorizes Federal agencies to provide es is based on these authorities, sup- goods or services, on a reimbursable ported by State and local agreements. basis, to other Federal agencies when By law, Federal entities are not in- more specific statutory authority does volved in inter- or intrastate compacts. not exist. These are the authorities related to the Intergovernmental Cooperation Act Forest Service fire mission: (31 U.S.C. 6505): Authorizes Federal agencies to provide specialized or Weeks Act (36 Stat. 961): Authorizes technical services to State, Tribal, and the Secretary of Agriculture to “Examine, local governments. Services must be locate and recommend for purchase... functions that the Federal agency is such lands within the watersheds of especially equipped and authorized by navigable streams as...may be neces- law to perform. The parties must have sary to the regulation of flow of navi- a valid reimbursable agreement in gable streams...” The Act further states place before incurring obligations and that lands so acquired will be reserved expenditures. Services may not be and administered as national forests. provided unless the agency providing The Act also provided for cooperation the services is providing similar servic- in fire control between federal and state es for its own use, and services cannot authorities, and authorized match- be provided reasonably and expedi- ing funds for State forest protection tiously by the requesting entity through agencies that met government (Forest ordinary business channels. Service) standards. Rural Fire Prevention and Control Act (16 U.S.C. 2106): Authorizes the Clarke-McNary Act (Ch. 348, Secretary of Agriculture to cooperate 43 Stat. 653): Substantially expanded with State foresters or equivalent State and modified the Weeks Act and au- officials in developing systems and thorizes the Secretary of Agriculture to methods for the prevention, control, work cooperatively with State officials suppression, and prescribed use of for better forest and grants to states fires on rural lands and in rural com- for forest fire control were authorized. munities, and to provide financial, (NOTE: In 1978, Section 2 of the technical, and related assistance to Clark-McNary Act was superseded by State foresters or equivalent State offi- Section 7 of the Cooperative Forestry cials, and through them to other agen- Assistance Act [PL 95-313]. This Act cies and individuals, including rural provided for the Federal Government volunteer fire departments: 1) for the to provide technical assistance and prevention, control, suppression, and grants to states for protection, chiefly prescribed use of fires on non-Federal in fire control and water resources. It forest lands and other non-Federal was the authority for which Federal lands; 2) to organize, train, and equip 62 local firefighting forces to prevent, con- Stafford Act structure for the declara- trol, and suppress fires threatening hu- tion process reflects the fact that feder- man lives, crops, livestock, farmsteads al resources under this act supplement or other improvements, pastures, or- state and local resources for disaster chards, wildlife, rangeland, woodland, relief and recovery. The Stafford Act and other resources in rural areas; covers all hazards, including natural and 3) to conduct preparedness and disasters and terrorist events. mobilization activities, including train- ing, equipping, and otherwise enabling Temporary Emergency Wildfire State and local firefighting agencies to Suppression Act (102 Stat. 1615): respond to requests for fire suppres- Authorizes the Secretary of the Interior sion assistance. and the Secretary of Agriculture to enter into agreements with foreign fire Reciprocal Fire Protection Act (42 organizations for wildfire protection, to U.S.C. 15A.I): Authorizes each agency furnish or accept emergency wildfire head charged with the duty of providing protection resources from foreign fire fire protection for any property of the organizations, and to incur obliga- U.S. to enter into a reciprocal agree- tions for reimbursement to Canada or ment with any fire organization main- Canadian organizations in furnishing taining fire protection facilities. Provides U.S. wildfire protection resources. for the reimbursement of any party for all or any part of the cost incurred by Wildfire Suppression Assistance such party in furnishing fire protection Act (P.L. 101-11): Makes Temporary for or on behalf of any other party. Emergency Wildfire Suppression Act permanent. Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c): 42 U.S.C. §1856a Revised the authorities of the Clarke- Sec. 1856a. Authority to enter into McNary Act and authorizes the reciprocal agreement; waiver of Secretary of Agriculture to establish claims; reimbursement;ratification a variety of cooperative programs to of prior agreements. protect and manage non-Federal forest (a) Each agency head charged with lands, including rural fire emergency the duty of providing fire protection for support to States. any property of the United States is authorized to enter into a reciprocal Executive Order 10427: Federal agreement, with any fire organization disaster assistance is intended to sup- maintaining fire protection facilities in port, not supplant, local resources. the vicinity of such property, for mu- tual aid in furnishing fire protection for Robert T. Stafford Disaster Relief such property and for other property and Emergency Assistance Act for which such organization normally (P.L. 100-707): Provides the statutory framework for a Presidential declara- provides fire protection. Each such tion of an emergency or a declaration agreement shall include a waiver by of a major disaster, and describes the each party of all claims against every programs and processes by which the other party for compensation for any Federal Government provides disaster loss, damage, personal injury, or death and emergency assistance to State occurring in consequence of the per- and local governments, tribal nations, formance of such agreement. Any such eligible private nonprofit organizations, agreement may provide for the reim- and individuals affected by a declared bursement of any party for all or any major disaster or emergency. The part of the cost incurred by such party 63 in furnishing fire protection for or on or accepting in absence of agreement behalf of any other party. In the absence of any agreement (b) Any agreement heretofore execut- authorized under subsection (a) of this ed which would have been authorized section, the Secretary of Agriculture or by this subchapter, if this subchapter the Secretary of the Interior may— had been in effect on the date of exe- (1) furnish emergency wildfire cution thereof, is ratified and confirmed. protection resources to any foreign nation when the furnishing of such Emergency Wildfire Suppression resources is determined by such Act text Secretary to be in the best interest Section Referred To In Other of the United States, and Sections (2) accept emergency wildfire pro- (a) Reciprocal agreement.— tection resources from any foreign waiver of claims; termination of agree- fire organization when the accep- ment; reimbursement tance of such resources is deter- (1) The Secretary of Agriculture mined by such Secretary to be in the or the Secretary of the Interior, in best interest of the United States. consultation with the Secretary of (c) Reimbursement of Canada Notwith- State, may enter into a reciprocal standing the preceding provisions of agreement with any foreign fire or- this section, reimbursement may be ganization for mutual aid in furnish- provided for the costs incurred by the ing wildfire protection resources for Government of Canada or a Canadian lands and other properties for which organization in furnishing wildfire pro- such Secretary or organization nor- tection resources to the Government of mally provides wildfire protection. the United States under— (2) Any agreement entered into (1) the memorandum entitled under this subsection— “Memorandum of Understanding (A) shall include a waiver by each Between the United States Depart- party to the agreement of all ment of Agriculture and Environ- claims against every other party ment Canada on Cooperation in the to the agreement for compensa- Field of Forestry-Related Programs” tion for any loss, damage, per- dated June 25, 1982; and sonal injury, or death occurring in (2) the arrangement entitled consequence of the performance “Arrangement in the Form of an of such agreement; Exchange of Notes Between the (B) shall include a provision to Government of Canada and the allow the termination of such Government of the United States of agreement by any party thereto America” dated May 4, 1982. after reasonable notice; and (d) Service in line of duty Any service (C) may provide for the reim- performed by any employee of the bursement of any party thereto United States under an agreement or for all or any part of the costs otherwise under this subchapter shall incurred by such party in furnish- constitute service rendered in the line ing wildfire protection resources of duty in such employment. for, or on behalf of, any other The performance of such service by party thereto. any other individual shall not make (b) Emergency wildfire pro- such individual an employee of the tection resources.—furnishing United States.

64 Federal Excess Property Program- Memorandum from Kenneth E. Cohen, FEPP Assistant General Counsel, USDA, to State foresters and the USDA Forest L.A. Amicarella, USDA Forest Service Service have mutually participated in Fire Director. the FEPP program since 1956. This participation stems from Forest Service Unlike the Volunteer Fire Assistance authorization to furnish fire control (VFA) program, which is for the benefit stocks to States from Forest Service of communities with a population at warehouses. When GSA took over or below 10,000, recipients of FEPP these warehouses, they agreed, in a need only have a wildland or rural fire 1956 Memorandum of Understanding, responsibility that satisfies the State to stock and distribute fire control forester. equipment and supplies from the GSA The FEPP program is a separate Federal Supply Service. This formed and distinct support facility for the the basis of the Forest Service pro- Cooperative Fire Protection program. posal to GSA to make FEPP available The Federal Government may have to State forestry agencies. After review, one of three types of relationship with GSA administratively agreed to extend non-Federal organizations: grants, this privilege to State foresters or other contracts, and cooperative agree- authorized State officials participat- ments. The FEPP program is handled ing in the Cooperative Fire Protection by a cooperative agreement because program. of the “substantial involvement” be- Program authorities include the tween the Forest Service and the Federal Property and Administrative individual State foresters. When the Services Act of 1949, as amended, State forester assigns FEPP to a fire (40 U.S.C. 483) and the Cooperative department or fire district, an additional Forestry Assistance Act of 1978, (16 cooperative agreement is required at U.S.C. 2101 (note)). Other references that level. The USDA Forest Service and regulations include the USDA cooperates with the fire department or Organic Act of 1944, (16 U.S.C. 580a) fire district only by proxy. and the Federal Property Management The following 3 authority docu- Regulations 101-43.309-1; 101-43- ments will need to be accessed via 313; and 101-43-314; in (40 U.S.C. the internet due to their length: 483). Robert T. Stafford act: Section 10(c) of the Cooperative http://www.fema.gov/pdf/about/staf- Forestry Assistance Act of 1978 ford_act.pdf (P.L. 95-313), directs the Secretary oil pollution act of 1990 of Agriculture to encourage use http://epw.senate.gov/opa90.pdf of FEPP by States and local fire subchapter J, etc.: forces. This was reaffirmed in a 1991 http://www.epa.gov/superfund/policy/ remedy/pdfs/40cfr300.pdf

65 APPENDIX A Letter Of Authority For The Rural Development Progam

File Code: 3600 Date: October 24, 2000 Route To: 1580 Subject: Authority for the Rural Development Program To: Regional Foresters, Station Directors, Area Director, and IITF Director

Rural Development, as a component of the Economic Action Programs, has been a useful and valuable tool for working with tribal governments, State and Federal agencies, State Foresters, local governments, nonprofit organizations, and others, to stimulate economic diversification and maximize sustainable local economic potential. The “Rural Development Initiative” was first described in the Senate Appropriations Committee Report of the 1989 and 1990 Appropriations Act. Each year the State and Private Forestry Appropriations Act authorizes funding for the provisions of technical and financial assistance to carryout the program. As a reminder, legislative history specifically refers that this assistance is for local communities and local cooperators. The Forest Service received an opinion from the USDA Office of General Counsel (OGC) on the legal sufficiency for the Forest Service implementation of the Rural Development Program. Following are the highlights of the opinion:

• The authority for grants in Rural Development is the current year Appropriation Act. The program may be continued as long as Congress appropriates funds. Congressional program direction in prior years’ Appropriation Acts still applies and combined with Forest Service ex- planatory notes serves as program direction. • The new Catalog of Federal Domestic Assistance number covering this initiative is 10.672 titled, Rural Development, Forestry and Communities. • An intermediate group can be given the funds (State, tribe or non-profit) to perform an assistance program that meets the established Forest Service program requirements. Locally generated proposals are intend- ed to have a higher priority than others regardless of whether the Forest Service or an intermediary is carrying out the program. The lack of a clear statutory link has resulted in various interpretations regarding the purpose and operation of the Rural Development Program. This clarification of the legal basis for the program should provide for consistency in program ad- ministration and thereby improve delivery. The Rural Development Program National Guidelines, incorporating the findings of the OGC opinion are enclosed. The Cooperative Forestry Staff will coordinate 66 with affected staffs to update appropriate sections of the Forest Service manuals and handbooks. If you have any questions concerning the Rural Development authorities, please contact Steve Yaddof at (202) 205–1386 or PJ Haar at (703) 605–4776.

/s/ Phil Janik Chief Operating Officer Enclosure

67 USDA Forest Service Rural Development Program National Guidelines1

Background: Challenges face rural communities impacted by dramatic changes in federal and state natural resource policies. A community’s economic health, cultural and social values are affected by these changes. Managing the nation’s forests in a sustainable manner will require the availability of technology and the civic capacity in rural communities to adapt to change. Rural areas do not have equal access to technological advancements available in the urban centers to deal with change and reduce economic adversity. Forest Service rural community assistance efforts extend technology, expert assistance, professional knowledge, and resources to assist rural communities in meeting the economic, social and environmental challenges of the future.

Purpose: Help rural areas to analyze and assess forest resource opportunities, review and maximize their local economic potential, and diversify their economic base.2

Objectives: The objectives of the Forest Service Rural Development Program are to:

• Identify goals and rural development activities that extend or diversify sustain- able natural resource use and the ways the Forest Service can support these actions.

• Assist economic opportunities that arise from the sustainable use and man- agement of the full range of forest and grassland resources and that are iden- tified through community planning and local action.

• Support local strategic planning objectives in offering such things as expert technical and marketing assistance, natural resource assessments and finan- cial assistance to help start and leverage others toward action.

Guidelines: The Forest Service participates in and supports rural community assistance efforts of tribal nations, state and federal agencies, State Foresters, local governments, not-for-profit organizations, and others by providing financial and technical assistance as available. Assistance includes natural resource- based knowledge in technology transfer, expert technical and marketing assis- tance and sources thereof, planning, and training to help strengthen civic capac- ity to manage change.

Forest Service Direction:

• Work in partnership with tribal nations, state and federal agencies, State Foresters, local governments, rural communities, not-for-profit organizations, and others.

• Provide financial assistance directly to tribal nations, state and local govern- ments, State Foresters, rural communities, not-for-profit organizations, and

1 Revised 3/23/00 2 P.L. 100-446, 102 stat. 1774, 1803, and legislative history. 68 others, through grants, cooperative agreements, and interagency agree- ments that directly help implement strategic action plans, goals and objec- tives that have been derived and supported locally; and join with other fed- eral agencies through interagency agreements and other arrangements as needed to carry out the program purpose.

• Provide national leadership in natural resource-focused rural community as- sistance work, (which includes strengthening the values of a “place,”) such as building economic vitality and social well-being, strengthening civic ca- pacity, and improving ecosystem health.

Authority: Rural Development program funding is appropriated under the Forest Service, State and Private Forestry title. As directed by Congress, the Forest Service Rural Development program allows funding to be flexible.A wide range of authorities complement those methods to extend technical and financial assis- tance to rural communities, as well as those working with rural communities. The authority for Rural Development is—“the Department of the Interior and Related Agencies Appropriation Act for the year in which the program activities are carried out.”3 The program work is to be carried out as originally described in legislative history of the Department of the Interior and Related Agencies Appropriation Act (1989, PL 100-446, 102 stat. 1774, 1803, and subsequent legislative history). The Rural Development program is listed in the Catalog of Federal Domestic as- sistance as number 10.672, Rural Development, Forestry and Communities.

Use of Funds: Rural Development program funding may be allocated for such things as: technical assistance; financial assistance in the form of grants for plan- ning, analysis and feasibility studies, and business plans, to name a few; training and education; and all costs associated with making these services available to tribal nations, state and federal agencies, State Foresters, local governments, ru- ral communities, not-for-profit organizations, and others. Forest Service Region/ Area/Institute policies will further define and focus resources to meet the needs of rural communities that these administrative units serve.

3 OGC Natural Resource Div. Opinion, Washington Office, Cooperative Forestry Director 05/03/2000. 69 APPENDIX B National Agroforestry Research Center

Semiarid Agroforestry Research of trees for conservation forestry Center and agroforestry applications in Section 1243 of Pub. L. 101-624 pro- semiarid regions, including the vided that: introduction and breeding of trees (a) Semiarid Agroforestry suited for the Great Plains region of Research, Development, and the United States; Demonstration Center.—The (5) develop technology transfer Secretary of Agriculture shall establish programs that increase farmer and at the Forestry Sciences Laboratory public acceptance of sustainable of the United States Forest service, in agroforestry systems; Lincoln, Nebraska, a Semiarid Agro- (6) develop improved windbreak forestry Research, Development, and and shelterbelt technologies for Demonstration Center (hereafter re- drought preparedness, soil and ferred to in this section as the “Center”) water conservation, environmental and appoint a Director to manage and quality, and biological diversity on coordinate the program established at semiarid lands; the Center under subsection (b). (7) develop technical and eco- (b) Program.—The Secretary shall nomic concepts for sustainable establish a program at the Center and agroforestry on semiarid lands, seek the participation of Federal or including the conduct of economic State government entities, land-grant analyses of the costs and benefits colleges or universities, State agricul- of agroforestry systems and the ture experiment stations, State and development of models to predict private foresters, the Arbor Day Foun- the economic benefits under soil or dation, and other nonprofit foundations climate conditions; in such program to conduct or assist (8) provide international leadership research, investigations, studies, and in the development and exchange of surveys to— agroforestry practices on semiarid (1) develop sustainable agroforestry lands worldwide; systems on semiarid lands that (9) support research on the effects minimize topsoil loss and water con- of agroforestry systems on semiarid tamination and stabilize or enhance lands in mitigating nonpoint source crop productivity; water pollution; (2) adapt, demonstrate, document, (10) support research on the design, and model the effectiveness of establishment, and maintenance of agroforestry systems under different tree and shrub plantings to regulate farming systems and soil or climate the deposition of snow along road- conditions; ways; and (3) develop dual use agroforestry (11) Conduct sociological, demo- systems compatible with paragraphs graphic, and economic studies (1) and (2) which would provide as needed to develop strategies high-value forestry products for com- for increasing the use of forestry mercial sale from semiarid land; conservation and agroforestry (4) develop and improve the drought practices. and pest resistance characteristics 70 (c) Information Collection (2) Promote the use of such infor- and dissemination.—The Sec- mation by landowners and those or- retary shall establish at the Center a ganizations associated with forestry program, to be known as the National and tree promotion. Clearinghouse on Agroforestry Conser- (d) Authorization of Appropriations vation and Promotion to— There are authorized to be appropri- (1) Collect, analyze, and dissemi- ated $5,000,000 annually to carry out nate information on agroforestry this section. conservation technologies and practices; and

71