-CITE-
    16 USC CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE         01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
               CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE           

-MISC1-
    Sec.                                                     
    2101.       Findings, purpose, and policy.                        
    2102.       Rural forestry assistance.                            
    2103.       Forest land enhancement program.                      
    2103a.      Forest Stewardship Program.                           
    2103b.      Watershed forestry assistance program.                
    2103c.      Forest Legacy Program.                                
    2104.       Forest health protection.                             
    2105.       Urban and community forestry assistance.              
    2106.       Rural fire prevention and control.                    
    2106a.      Emergency reforestation assistance.                   
    2106b.      Use of money collected from States for fire
                 suppression assistance.                              
    2106c.      Enhanced community fire protection.                   
    2107.       Financial, technical, and related assistance to
                 States.                                              
    2108.       Consolidation of payments.                            
    2109.       General provisions.                                   
    2110.       Statement of limitation.                              
    2111.       Other Federal programs.                               
    2112.       Cooperative national forest products marketing
                 program.                                             
    2113.       Federal, State, and local coordination and
                 cooperation.                                         
    2114.       Administration.                                       

-End-



-CITE-
    16 USC Sec. 2101                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2101. Findings, purpose, and policy

-STATUTE-
    (a) Findings
      Congress finds that - 
        (1) most of the productive forest land of the United States is
      in private, State, and local governmental ownership, and the
      capacity of the United States to produce renewable forest
      resources is significantly dependent on such non-Federal forest
      lands;
        (2) adequate supplies of timber and other forest resources are
      essential to the United States, and adequate supplies are
      dependent on efficient methods for establishing, managing, and
      harvesting trees and processing, marketing, and using wood and
      wood products;
        (3) nearly one-half of the wood supply of the United States
      comes from nonindustrial private timberlands and such percentage
      could rise with expanded assistance programs;
        (4) managed forest lands provide habitats for fish and
      wildlife, as well as aesthetics, outdoor recreation
      opportunities, and other forest resources;
        (5) the soil, water, and air quality of the United States can
      be maintained and improved through good stewardship of privately
      held forest resources;
        (6) insects and diseases affecting trees occur and sometimes
      create emergency conditions on all land, whether Federal or non-
      Federal, and efforts to prevent and control such insects and
      diseases often require coordinated action by both Federal and non-
      Federal land managers;
        (7) fires in rural areas threaten human lives, property,
      forests and other resources, and Federal-State cooperation in
      forest fire protection has proven effective and valuable;
        (8) trees and forests are of great environmental and economic
      value to urban areas;
        (9) managed forests contribute to improving the quality,
      quantity, and timing of water yields that are of broad benefit to
      society;
        (10) over half the forest lands of the United States are in
      need of some type of conservation treatment;
        (11) forest landowners are being faced with increased pressure
      to convert their forest land to development and other purposes;
        (12) increased population pressures and user demands are being
      placed on private, as well as public, landholders to provide a
      wide variety of products and services, including fish and
      wildlife habitat, aesthetic quality, and recreational
      opportunities;
        (13) stewardship of privately held forest resources requires a
      long-term commitment that can be fostered through local, State,
      and Federal governmental actions;
        (14) the Department of Agriculture, through the coordinated
      efforts of its agencies with forestry responsibilities,
      cooperating with other Federal agencies, State foresters, and
      State political subdivisions, has the expertise and experience to
      assist private landowners in achieving individual goals and
      public benefits regarding forestry;
        (15) the products and services resulting from nonindustrial
      private forest land stewardship provide income and employment
      that contribute to the economic health and diversity of rural
      communities; (!1)

        (16) sustainable agroforestry systems and tree planting in
      semiarid lands can improve environmental quality and maintain
      farm yields and income; and (!1)
        (18) (!2) the same forest resource supply, protection, and
      management issues that exist in the United States are also
      present on an international scale, and the forest and rangeland
      renewable resources of the world are threatened by deforestation
      due to conversion to agriculture of lands better suited to other
      purposes, over-grazing, over-harvesting, and other causes which
      pose a direct adverse threat to people, the global environment,
      and the world economy.(!1)

    (b) Purpose
      It is the purpose of this chapter to authorize the Secretary of
    Agriculture (hereafter in this chapter referred to as the
    "Secretary"), with respect to non-Federal forest lands in the
    United States, and forest lands in foreign countries, of the United
    States, to assist in - 
        (1) the establishment of a coordinated and cooperative Federal,
      State, and local forest stewardship program for management of the
      non-Federal forest lands;
        (2) the encouragement of the production of timber;
        (3) the prevention and control of insects and diseases
      affecting trees and forests;
        (4) the prevention and control of rural fires;
        (5) the efficient utilization of wood and wood residues,
      including the recycling of wood fiber;
        (6) the improvement and maintenance of fish and wildlife
      habitat;
        (7) the planning and conduct of urban forestry programs;
        (8) broadening existing forest management, fire protection, and
      insect and disease protection programs on non-Federal forest
      lands to meet the multiple use objectives of landowners in an
      environmentally sensitive manner;
        (9) providing opportunities to private landowners to protect
      ecologically valuable and threatened non-Federal forest lands;
      and
        (10) strengthening educational, technical, and financial
      assistance programs that provide assistance to owners of non-
      Federal forest lands in the United States, and forest lands in
      foreign countries,.(!3)

    (c) Policy
      It is the policy of Congress that it is in the national interest
    for the Secretary to work through and in cooperation with State
    foresters, or equivalent State officials, nongovernmental
    organizations, and the private sector in implementing Federal
    programs affecting non-Federal forest lands.
    (d) Construction
      This chapter shall be construed to complement the policies and
    direction under the Forest and Rangeland Renewable Resources
    Planning Act of 1974 (16 U.S.C. 1600 et seq.).

-SOURCE-
    (Pub. L. 95-313, Sec. 2, July 1, 1978, 92 Stat. 365; Pub. L. 101-
    513, title VI, Sec. 611(b)(1), (2), formerly Sec. 607(b)(1), (2),
    Nov. 5, 1990, 104 Stat. 2072, renumbered Sec. 611(b)(1), (2), Pub.
    L. 102-574, Sec. 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; Pub. L.
    101-624, title XII, Sec. 1212, Nov. 28, 1990, 104 Stat. 3521.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (b) and (d), was in the
    original "this Act", meaning Pub. L. 95-313, July 1, 1978, 92 Stat.
    365, known as the Cooperative Forestry Assistance Act of 1978. For
    complete classification of this Act to the Code, see Short Title
    note set out below and Tables.
      The Forest and Rangeland Renewable Resources Planning Act of
    1974, referred to in subsec. (d), is Pub. L. 93-378, Aug. 17, 1974,
    88 Stat. 476, as amended, which is classified generally to
    subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1600 of this title and Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 101-513 and Pub. L. 101-624 were approved by the
    President after Congress adjourned and in reverse order of passage
    by Congress. Accordingly, the amendments made by Pub. L. 101-624
    were executed to text prior to the amendments made by Pub. L. 101-
    513 to reflect the probable intent of Congress.


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-624 amended section generally, substituting
    present provisions for provisions which set forth Congressional
    findings and declarations, and statements of purpose and national
    interest, and which related to application with forest and
    rangeland renewable resources provisions. See Codification note
    above.
      Pub. L. 101-513, Sec. 607(b)(1), directed the amendment of
    subsec. (a) by striking out "and" at end of par. (16), substituting
    "; and" for period at end of par. (17), and adding par. (18) at
    end. The amendment of pars. (16) and (17) was executed to pars.
    (15) and (16) to reflect the probable intent of Congress. See
    Codification note above.
      Pub. L. 101-513, Sec. 607(b)(2), which directed the amendment of
    subsec. (b) by inserting "in the United States, and forest lands in
    foreign countries," after "non-Federal forest lands," the first
    place it appears and in paragraph (10), was executed by making the
    insertion after "non-Federal forest lands" to reflect the probable
    intent of Congress. See Codification note above.

                              EFFECTIVE DATE                          
      Section 17, formerly section 14, of Pub. L. 95-313, as renumbered
    Sec. 17 by Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990,
    104 Stat. 3525, provided that: "The provisions of this Act [see
    Short Title note below] shall become effective October 1, 1978."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Section 1201 of title XII of Pub. L. 101-624 provided that: "This
    title [enacting sections 582a-8, 1648, 1649, 1674a, 2103a to 2103c,
    2106a, 2113, and 2114 of this title, amending this section and
    sections 1642, 1672, 1674, 2102 to 2106, and 2108 to 2110 of this
    title, and enacting provisions set out as notes under this section
    and sections 582a, 1601, 1642, and 2112 of this title] may be cited
    as the 'Forest Stewardship Act of 1990'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 95-313 provided: "That this Act [enacting
    this chapter, amending sections 1510 and 1606 of this title,
    repealing sections 565, 566, 567, 568c to 568e, 594-1 to 594-5,
    594a, and 1509 of this title, and sections 2651 to 2654 of Title 7,
    Agriculture, enacting provisions set out as notes under this
    section and section 1606 of this title, and repealing provisions
    set out as notes under sections 568c and 594-1 of this title] may
    be cited as the 'Cooperative Forestry Assistance Act of 1978'."

                     AMERICA THE BEAUTIFUL ACT OF 1990                 
      Subtitle C (Secs. 1261-1266) of title XII of Pub. L. 101-624, as
    amended by Pub. L. 102-237, title X, Sec. 1018(e), Dec. 13, 1991,
    105 Stat. 1905, provided that:

      "SEC. 1261. SHORT TITLE.
      "This subtitle may be cited as the 'America the Beautiful Act of
    1990'.

      "SEC. 1262. FINDINGS.
      "Congress finds that - 
        "(1) trees and forests provide beauty and diversity to both
      rural and urban landscapes;
        "(2) trees and forests protect the United States's soil, water,
      and wetland resources by filtering runoff and preventing erosion;
        "(3) trees and forests provide food and cover for many species
      of wildlife;
        "(4) trees and forests provide shade, block winds, and add
      moisture to the air, thereby mitigating the urban 'heat island'
      effect and significantly reducing energy use;
        "(5) trees and forests make important contributions to the
      environmental, social, and economic well-being of both rural and
      urban areas across the United States; and
        "(6) stewardship of trees and forests could be significantly
      enhanced by encouraging, promoting, and supporting partnerships
      and community service projects involving individuals, youth
      groups, organizations, businesses and governments at all levels.

      "SEC. 1263. PURPOSES.
      "The purposes of this subtitle are to - 
        "(1) authorize the President to designate a private nonprofit
      foundation as eligible for a one-time grant from the Secretary of
      Agriculture, to be used for promoting public awareness and a
      spirit of volunteerism, soliciting private sector contributions,
      and overseeing the use of these contributions to encourage tree
      planting projects in communities and urban areas;
        "(2) promote the principles of basic forest stewardship through
      the nationwide planting, improvement, and maintenance of trees in
      order to increase reforestation, enhance the environmental and
      aesthetic qualities of the United States's rural and urban areas,
      and reduce global carbon dioxide levels;
        "(3) authorize the Secretary of Agriculture to provide
      increased financial and technical assistance to State forestry
      agencies and others, and enter into cost-sharing agreements with
      individuals, for the purpose of encouraging owners of
      nonindustrial private lands to plant and maintain trees and
      improve forests in rural areas; and
        "(4) authorize the Secretary of Agriculture to provide
      increased financial and technical assistance to State forestry
      agencies and others for the purpose of encouraging units of local
      government, civic groups, and individuals to plant and maintain
      trees and improve forests in communities and urban areas.

      "SEC. 1264. TREE PLANTING FOUNDATION.
      "(a) Purpose. - The purpose of this section is to authorize the
    President to designate a private nonprofit Foundation as eligible
    to receive a grant from the Department of Agriculture to be used - 
        "(1) to provide grants, including matching grants, to
      qualifying nonprofit organizations (including youth groups),
      municipalities, counties, towns and townships for the
      implementation of programs to promote public awareness and a
      spirit of volunteerism in support of tree planting, maintenance,
      management, protection, and cultivation projects in rural areas,
      communities and urban areas throughout the United States;
        "(2) to solicit public and private sector contributions through
      the mobilization of individuals, businesses, governments, and
      community organizations with the goal of increasing the number of
      trees planted, maintained, managed, and protected in rural areas,
      communities and urban environments;
        "(3) to accept and administer public and private gifts and make
      grants, including matching grants, to encourage local
      participation, for the planting, maintenance, management,
      protection, and cultivation of trees; and
        "(4) to ensure that our descendants will be able to share their
      ancestors' pride when referring to their land as 'America the
      Beautiful'.
      "(b) Authority. - The President is authorized to designate a
    private nonprofit organization (hereafter in this section referred
    to as the 'Foundation') as eligible to receive funds pursuant to
    subsections (d) and (e) upon determining that such organization
    can, consistent with its charter, carry out the purposes stated in
    subsection (a), and that the officers of such organization have the
    experience and expertise necessary to direct the activities of the
    organization. Nothing in this section shall be construed to make
    officers, employees, or members of the board of directors of the
    Foundation officers or employees of the United States. The
    Foundation shall be a private and nonprofit organization and not an
    agency or establishment of the United States.
      "(c) Implementation. - The Foundation shall carry out this
    section in accordance with the purposes stated in subsection (a).
      "(d) Funding. - For fiscal year 1991, the Secretary is authorized
    to make a grant of not to exceed $25,000,000 to the Foundation.
      "(e) Use of Funds. - Funds made available pursuant to subsection
    (d) shall be granted to the Foundation by the Secretary to enable
    the Foundation to carry out the purposes specified in subsection
    (a).
      "(f) Interest. - Notwithstanding any other provision of law, the
    Foundation may hold funds made available pursuant to subsection (e)
    in interest-bearing accounts prior to the disbursement of the funds
    for purposes specified in subsection (a) and may retain to carry
    out such purposes any interest earned on the deposits.
      "(g) Limitations on Uses of Funds. - 
        "(1) In general. - The Foundation may use funds provided by
      this section only for making grants to qualified organizations,
      municipalities, counties, towns and townships for the
      implementation of projects and activities that are consistent
      with the purposes specified in subsection (a).
        "(2) Qualified organizations. - For the purposes of this
      section, qualified organizations shall consist of those
      organizations that meet the requirements of section 501(c)(3) of
      the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and have
      demonstrated a capability to implement the project or activity
      for which the Foundation funds will be used.
      "(h) Compensation from Outside Sources. - An officer or employee
    of the Foundation may not receive any salary or other compensation
    for services rendered to the Foundation from any source other than
    the Foundation.
      "(i) Stock and Dividends. - The Foundation shall not issue any
    shares of stock or declare or pay any dividends.
      "(j) Lobbying. - The Foundation shall not engage in lobbying or
    propaganda for the purpose of influencing legislation and shall not
    participate or intervene in any political campaign on behalf of any
    candidate for public office.
      "(k) Salary; Travel and Expenses; Conflicts of Interest. - 
        "(1) Personal benefit from funds. - No part of the funds of the
      Foundation shall inure to the benefit of any board member,
      officer, or employee of the Foundation, except as salary or
      reasonable compensation for services or expenses.
        "(2) Travel and expense reimbursement. - Compensation for board
      members shall be limited to reimbursement for reasonable costs of
      travel and expenses.
        "(3) Conflicts of interest. - No director, officer, or employee
      of the Foundation shall participate, directly or indirectly, in
      the consideration or determination of any question before the
      Foundation affecting - 
          "(A) the financial interests of the director, officer, or
        employee; or
          "(B) the interests of any corporation, partnership, entity,
        or organization in which such director, officer, or employee - 
            "(i) is an officer, director, or trustee; or
            "(ii) has any direct or indirect financial interest.
      "(l) Records; Audits. - The Foundation shall ensure that - 
        "(1) each recipient of assistance provided through the
      Foundation under this section maintains, for at least 5 years
      after the receipt of the assistance, separate accounts with
      respect to the assistance and such records as may be reasonably
      necessary to disclose fully - 
          "(A) the amount and the disposition by the recipient of the
        proceeds of the assistance;
          "(B) the total cost of the project or undertaking in
        connection with which the assistance is given or used;
          "(C) the amount and nature of that portion of the cost of the
        project or undertaking supplied by other sources; and
          "(D) such other records as will facilitate an effective
        audit; and
        "(2) the Foundation and any duly authorized representative of
      the Foundation shall have access, for the purpose of audit and
      examination, to any books, documents, papers, and records of the
      recipient that are pertinent to assistance provided through the
      Foundation under this section.
      "(m) Audits. - 
        "(1) Independent audits. - For the fiscal year in which the
      Foundation receives the grant awarded under subsection (e), and
      for the succeeding 5 fiscal years, the accounts of the Foundation
      shall be audited annually in accordance with generally accepted
      auditing standards by an independent certified public accountant
      or an independent licensed public accountant certified or
      licensed by a regulatory authority of a State or other political
      subdivision of the United States. The report of each such
      independent audit shall be included in the annual report required
      by subsection (n).
        "(2) Agency audits. - For the fiscal year in which the
      Foundation receives the grant awarded under subsection (d), and
      for the succeeding 5 fiscal years, the financial transactions
      undertaken pursuant to this section by the Foundation may be
      audited by any agency designated by the President.
      "(n) Annual Reports. - 
        "(1) In general. - Not later than 3 months after the conclusion
      of each fiscal year, the Foundation shall publish an annual
      report that includes a comprehensive and detailed report of the
      operations, activities, financial condition, and accomplishments
      of the Foundation under this subtitle during the fiscal year.
        "(2) Termination. - The obligation of the Foundation to publish
      annual reports pursuant to this subsection shall terminate after
      publication of the report incorporating the findings of the final
      audit in accordance with procedures required by subsection (l).
      "(o) Prohibition on Commercial Harvest. - Trees planted pursuant
    to a program receiving funds under this section may not be
    commercially harvested and sold for Christmas trees.
      "(p) Authorization of Appropriations. - There is authorized to be
    appropriated $25,000,000 to be granted by the Secretary of
    Agriculture to the Foundation. All funds appropriated under this
    section may remain available until expended.

      "SEC. 1265. RURAL TREE PLANTING AND FOREST MANAGEMENT PROGRAM.
      "The Secretary of Agriculture is authorized to establish a rural
    tree planting and forest management program as a special component
    of the forest stewardship program and the stewardship incentive
    program established under sections 5 and 6 of the Cooperative
    Forestry Assistance Act of 1978 (16 U.S.C. 2102) [16 U.S.C. 2103a,
    2103b] (as amended by subtitle A). Such program shall terminate on
    December 31, 2001.

      "SEC. 1266. COMMUNITY TREE PLANTING AND IMPROVEMENT PROGRAM.
      "The Secretary of Agriculture is authorized to establish a
    community tree planting and improvement program as a special
    component of the urban and community forestry assistance program
    established under section 9 of the Cooperative Forestry Assistance
    Act of 1978 (16 U.S.C. 2105) (as amended by section 1219). Such
    program shall terminate on December 31, 2001."

                         TREE PLANTING INITIATIVE                     
      Pub. L. 99-198, title XII, Sec. 1256, as added by Pub. L. 101-
    624, title XIV, Sec. 1441(a), Nov. 28, 1990, 104 Stat. 3601, set
    forth policy relating to maintenance, afforestation, and
    reforestation of forest lands and provisions relating to
    implementation of policy and agreements with State forestry
    agencies, prior to repeal by Pub. L. 104-127, title III, Sec.
    336(e), Apr. 4, 1996, 110 Stat. 1007.

           TRANSFER OF FOREST TREE NURSERY FACILITIES TO STATES       
      Pub. L. 87-492, June 25, 1962, 76 Stat. 107, provided: "That the
    Congress recognizes that for many years the United States and
    certain States have cooperated in the production of tree planting
    stock for use in the reforestation of the public and private lands
    of the Nation; that the program of production of tree planting
    stock which was initiated and pursued under the Soil Bank Act (7
    U.S.C. 1801 et seq.) [repealed] was carried on under written
    agreements which provided for (a) cooperation between the Forest
    Service, on behalf of the United States, and the States which
    participated in the program, (b) payments to said States for costs
    and expenses incurred in the development of nursery facilities, (c)
    the holding of such funds by the States in trust for the purpose of
    carrying out the provisions of said agreements, and (d) restoration
    to the trust fund of an amount equal to the residual value of any
    supplies, materials, equipment, or improvements acquired or
    constructed with trust funds and transferred to State forestry work
    other than the soil bank program; that such program under said Soil
    Bank Act has been discontinued, but the need for the trees
    continues to be great; that the States and Federal Government are
    cooperating in the procurement, production, and distribution of
    forest-tree seeds and plants under section 4 of the Clarke-McNary
    Act of June 7, 1924 (16 U.S.C. 567), and in the reforestation of
    lands under title IV of the Agricultural Act of 1956 (16 U.S.C.
    568e and 568g); and that said participating States need the said
    supplies, materials, equipment, or improvements for use in
    connection with their respective forestry programs, and it is in
    the public interest to permit these States to use said property
    without the requirement that payment be made for the residual value
    thereof.
      "Sec. 2. For the purpose of assisting those States which
    participated in the program carried on under the Soil Bank Act
    [section 1801 et seq. of Title 7, Agriculture] [repealed] in
    continuing the production of needed tree planting stock and in
    other forestry programs, the Secretary of Agriculture is authorized
    to permit any supplies, materials, equipment, or improvements
    acquired or constructed with trust funds under the agreements
    referred to in section 1 to be used in such State forestry work as
    may further the objectives of related Federal programs, as he may
    approve, without the requirement that any payment be made by the
    State into the trust funds."

-FOOTNOTE-               

    (!1) See 1990 Amendment note below.

    (!2) So in original. Probably should be "(17)".

               

    (!3) So in original.


-End-



-CITE-
    16 USC Sec. 2102                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2102. Rural forestry assistance

-STATUTE-
    (a) Assistance to forest landowners and others
      The Secretary may provide financial, technical, educational, and
    related assistance to State foresters or equivalent State
    officials, and State extension directors, to enable such officials
    to provide technical information, advice, and related assistance to
    private forest land owners and managers, vendors, forest resource
    operators, forest resource professionals, public agencies, and
    individuals to enable such persons to carry out activities that are
    consistent with the purposes of this chapter, including - 
        (1) protecting, maintaining, enhancing, restoring, and
      preserving forest lands and the multiple values and uses that
      depend on such lands;
        (2) identifying, protecting, maintaining, enhancing, and
      preserving wildlife and fish species, including threatened and
      endangered species, and their habitats;
        (3) implementing forest management technologies;
        (4) selecting, producing, and marketing alternative forest
      crops, products and services from forest lands;
        (5) protecting forest land from damage caused by fire, insects,
      disease, and damaging weather;
        (6) managing the rural-land and urban-land interface to balance
      the use of forest resources in and adjacent to urban and
      community areas;
        (7) identifying and managing recreational forest land
      resources;
        (8) identifying and protecting the aesthetic character of
      forest lands;
        (9) protecting forest land from conversion to alternative uses;
      and
        (10) the management of resources of forest lands, including - 
          (A) the harvesting, processing, and marketing of timber and
        other forest resources and the marketing and utilization of
        wood and wood products;
          (B) the conversion of wood to energy for domestic,
        industrial, municipal, and other uses;
          (C) the planning, management, and treatment of forest land,
        including site preparation, reforestation, thinning, prescribed
        burning, and other silvicultural activities designed to
        increase the quantity and improve the quality of timber and
        other forest resources;
          (D) ensuring that forest regeneration or reforestation occurs
        if needed to sustain long-term resource productivity;
          (E) protecting and improving forest soil fertility and the
        quality, quantity, and timing of water yields; and
          (F) encouraging the investment of a portion of the proceeds
        from the sale of timber or other forest resources in
        stewardship activities that preserve, protect, maintain, and
        enhance their forest land.
    (b) State forestry assistance
      The Secretary is authorized to provide financial, technical, and
    related assistance to State foresters, or equivalent State
    officials, to - 
        (1) develop genetically improved tree seeds;
        (2) develop and contract for the development of field
      arboretums, greenhouses, and tree nurseries, in cooperation with
      a State, to facilitate production and distribution of tree seeds
      and seedlings in States where the Secretary determines that there
      is an inadequate capacity to carry out present and future
      reforestation needs;
        (3) procure, produce, and distribute tree seeds and trees for
      the purpose of establishing forests, windbreaks, shelterbelts,
      woodlots, and other plantings;
        (4) plant tree seeds and seedlings on non-Federal forest lands
      that are suitable for the production of timber, recreation, and
      for other benefits associated with the growing of trees;
        (5) plan, organize, and implement measures on non-Federal
      forest lands, including thinning, prescribed burning, and other
      silvicultural activities designed to increase the quantity and
      improve the quality of trees and other vegetation, fish and
      wildlife habitat, and water yielded therefrom; and
        (6) protect or improve soil fertility on non-Federal forest
      lands and the quality, quantity, and timing of water yields
      therefrom.
    (c) Implementation
      In implementing this section, the Secretary shall cooperate with
    other Federal, State, and local natural resource management
    agencies, universities and the private sector.
    (d) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 95-313, Sec. 3, July 1, 1978, 92 Stat. 366; Pub. L. 101-
    624, title XII, Sec. 1213, Nov. 28, 1990, 104 Stat. 3523.)


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-624 amended section generally, substituting
    present provisions for provisions which set forth Congressional
    findings relating to rural forestry assistance, related to
    financial, technical, and related assistance to State foresters or
    equivalent State officials, and authorized appropriations.

-End-



-CITE-
    16 USC Sec. 2103                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2103. Forest land enhancement program

-STATUTE-
    (a) Establishment
      (1) In general
        The Secretary of Agriculture shall establish a forest land
      enhancement program - 
          (A) to provide financial assistance to State foresters; and
          (B) to encourage the long-term sustainability of
        nonindustrial private forest lands in the United States by
        assisting the owners of nonindustrial private forest lands,
        through State foresters, in more actively managing the
        nonindustrial private forest lands and related resources of
        those owners through the use of State, Federal, and private
        sector resource management expertise, financial assistance, and
        educational programs.
      (2) Coordination and consultation
        The Secretary, acting through State foresters, shall implement
      the program - 
          (A) in coordination with the State Forest Stewardship
        Coordinating Committees; and
          (B) in consultation with other Federal, State, and local
        natural resource management agencies, institutions of higher
        education, and a broad range of private sector interests.
    (b) Program objectives
      In implementing the program, the Secretary shall target resources
    to achieve the following objectives:
        (1) Investing in practices to establish, restore, protect,
      manage, maintain, and enhance the health and productivity of the
      nonindustrial private forest lands in the United States for
      timber, habitat for flora and fauna, soil, water, and air
      quality, wetlands, and riparian buffers.
        (2) Ensuring that afforestation, reforestation, improvement of
      poorly stocked stands, timber stand improvement, practices
      necessary to improve seedling growth and survival, and growth
      enhancement practices occur where needed to enhance and sustain
      the long-term productivity of timber and nontimber forest
      resources to help meet future public demand for all forest
      resources and provide environmental benefits.
        (3) Reducing the risks and helping restore, recover, and
      mitigate the damage to forests caused by fire, insects, invasive
      species, disease, and damaging weather.
        (4) Increasing and enhancing carbon sequestration
      opportunities.
        (5) Enhancing implementation of agroforestry practices.
        (6) Maintaining and enhancing the forest landbase and leverage
      State and local financial and technical assistance to owners that
      promote the same conservation and environmental values.
        (7) Preserving the aesthetic quality of nonindustrial private
      forest lands and providing opportunities for outdoor recreation.
    (c) State priority plan
      (1) Development
        The State Forester and State Forest Stewardship Coordinating
      Committee of a State shall jointly develop and submit to the
      Secretary a State priority plan that is intended to promote
      forest management objectives in that State.
      (2) Report
        Not later than September 30, 2006, each State that implemented
      a State priority plan shall submit to the Secretary a report
      describing the status of all activities and practices funded
      under the program as of that date.
    (d) Owner eligibility for assistance
      (1) Eligibility criteria
        To be eligible for cost-share assistance under the program, an
      owner of nonindustrial private forest lands shall agree - 
          (A) to develop and implement, in cooperation with a State
        forester, another State official, or a professional resources
        manager, a management plan that - 
            (i) except as provided in paragraph (2) or (3), provides
          for the treatment of not more than 1,000 acres of
          nonindustrial private forest lands;
            (ii) is approved by the State forester; and
            (iii) addresses site specific activities and practices; and

          (B) to implement approved activities and practices in a
        manner consistent with the management plan for a period of not
        less than 10 years, unless the State forester approves a
        modification to the plan.
      (2) Public benefit exception
        The Secretary may increase the acreage limitation specified in
      paragraph (1)(A)(i) to not more than 5,000 acres for an owner of
      nonindustrial private forest lands if the Secretary, in
      consultation with the State forester, determines that significant
      public benefits will accrue as a result of the provision of cost-
      share assistance under the program for the treatment of the
      additional acreage.
      (3) Plan development exception
        An owner may receive cost-share assistance under the program
      for the purpose of developing a management plan under subsection
      (e) of this section that provides for the treatment of acreage in
      excess of the acreage limitations specified in paragraphs
      (1)(A)(i) and (2), except that the owner's eligibility for cost-
      share assistance to implement approved activities and practices
      under the management plan remains subject to the acreage
      limitation specified in paragraph (1)(A)(i) or, if the Secretary
      makes the determination described in paragraph (2), the acreage
      limitation specified in that paragraph.
    (e) Management plan
      (1) Submission and content
        An owner of nonindustrial private forest lands that seeks to
      participate in the program shall submit to the State forester of
      the State in which the lands are located a management plan that -
      
          (A) identifies and describes projects and activities to be
        carried out by the owner to protect or enhance soil, water,
        air, range and aesthetic quality, recreation, timber, water,
        wetland, or fish and wildlife resources on the lands in a
        manner that is compatible with the objectives of the owner;
          (B) addresses any criteria established by the State and the
        applicable Committee; and
          (C) meets the other requirements of this section.
      (2) Lands covered
        At a minimum, the management plan shall apply to those portions
      of the nonindustrial private forest lands of the owner on which
      any project or activity funded under the program will be carried
      out. In a case in which a project or activity may affect acreage
      outside the portion of the land on which the project or activity
      is carried out, the management plan shall apply to all lands of
      the owner that are in forest cover and may be affected by the
      project or activity.
    (f) Approved activities
      (1) State list
        The Secretary shall develop for each State a list of approved
      forest activities and practices eligible for cost-share
      assistance that meets the purposes of the program. The Secretary
      shall develop the list for a State in consultation with the State
      forester and the Committee for that State.
      (2) Types of activities
        Approved activities and practices under paragraph (1) may
      consist of activities and practices for the following purposes:
          (A) The establishment, management, maintenance, and
        restoration of forests for shelterbelts, windbreaks, aesthetic
        quality, and other conservation purposes.
          (B) The sustainable growth and management of forests for
        timber production.
          (C) The restoration, use, and enhancement of forest wetland
        and riparian areas.
          (D) The protection of water quality and watersheds through - 
            (i) the planting of trees in riparian areas; and
            (ii) the enhanced management and maintenance of native
          vegetation on land vital to water quality.

          (E) The management, maintenance, restoration, or development
        of habitat for plants, fish, and wildlife.
          (F) The control, detection, monitoring, and prevention of the
        spread of invasive species and pests on nonindustrial private
        forest lands.
          (G) The restoration of nonindustrial private forest land
        affected by invasive species and pests.
          (H) The conduct of other management activities, such as the
        reduction of hazardous fuels, that reduce the risks to forests
        posed by, and that restore, recover, and mitigate the damage to
        forests caused by, fire or any other catastrophic event, as
        determined by the Secretary.
          (I) The development of management plans;
          (J) The conduct of energy conservation and carbon
        sequestration activities.
          (K) The conduct of other activities approved by the
        Secretary, in consultation with the State forester and the
        appropriate Committees.
    (g) Reimbursement of eligible activities
      (1) In general
        In the case of an eligible owner that has an approved
      management plan, the Secretary shall share the cost of
      implementing the approved activities and practices that the
      Secretary determines are appropriate.
      (2) Rate
        The Secretary shall determine the appropriate reimbursement
      rate for cost-share payments under paragraph (1) and the schedule
      for making those payments.
      (3) Maximum cost share
        The Secretary shall not make cost-share payments under this
      subsection to an owner in an amount in excess of 75 percent, or a
      lower percentage as determined by the State forester, of the
      total cost to the owner to implement the approved activities and
      practices under the management plan.
      (4) Aggregate payment limit
        The Secretary shall determine the maximum aggregate amount of
      cost-share payments that an owner may receive under the program.
      (5) Consultation
        The Secretary shall make determinations under this subsection
      in consultation with the State forester.
    (h) Recapture
      (1) In general
        The Secretary shall establish and implement a mechanism to
      recapture payments made to an owner in the event that the owner
      fails to implement an approved activity or practice specified in
      the management plan for which the owner received cost-share
      payments.
      (2) Additional remedy
        The remedy provided in paragraph (1) is in addition to any
      other remedy available to the Secretary.
    (i) Distribution of cost-share funds
      The Secretary, acting through the State foresters, shall
    distribute funds available for cost sharing under the program only
    after giving appropriate consideration to the following factors:
        (1) The public benefits that would result from the
      distribution.
        (2) The total acreage of nonindustrial private forest lands in
      each State.
        (3) The potential productivity of those lands, as determined by
      the Secretary.
        (4) The number of owners eligible for cost sharing in each
      State.
        (5) The opportunities to enhance nontimber resources on those
      lands, including - 
          (A) the protection of riparian buffers and forest wetland;
          (B) the preservation of fish and wildlife habitat;
          (C) the enhancement of soil, air, and water quality; and
          (D) the preservation of aesthetic quality and opportunities
        for outdoor recreation.

        (6) The anticipated demand for timber and nontimber resources
      in each State.
        (7) The need to improve forest health to minimize the damaging
      effects of catastrophic fire, insects, disease, or weather.
        (8) The need and demand for agroforestry practices in each
      State.
        (9) The need to maintain and enhance the forest landbase.
        (10) The need for afforestation, reforestation, and timber
      stand improvement.
    (j) Availability of funds
      The Secretary shall use $100,000,000 of funds of the Commodity
    Credit Corporation to carry out the Program during the period
    beginning on May 13, 2002, and ending on September 30, 2007.
    (k) Definitions
      In this section:
      (1) Nonindustrial private forest lands
        The term "nonindustrial private forest lands" means rural
      lands, as determined by the Secretary, that - 
          (A) have existing tree cover or are suitable for growing
        trees; and
          (B) are owned by any nonindustrial private individual, group,
        association, corporation, Indian tribe, or other private legal
        entity so long as the individual, group, association,
        corporation, tribe, or entity has definitive decision-making
        authority over the lands.
      (2) Committee
        The terms "State Forest Stewardship Coordinating Committee" and
      "Committee" means (!1) a State Forest Stewardship Coordinating
      Committee established under section 2113(b) of this title.

      (3) Indian tribe
        The term "Indian tribe" has the meaning given the term in
      section 450b of title 25.
      (4) Owner
        The term "owner" means an owner of nonindustrial private forest
      land.
      (5) Program
        The term "program" means the forest land enhancement program
      established by this section.
      (6) Secretary
        The term "Secretary" means the Secretary of Agriculture.
      (7) State forester
        The term "State forester" means the director or other head of a
      State Forestry Agency or equivalent State official.

-SOURCE-
    (Pub. L. 95-313, Sec. 4, as added Pub. L. 107-171, title VIII, Sec.
    8002(b), May 13, 2002, 116 Stat. 468.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2103, Pub. L. 95-313, Sec. 4, July 1, 1978, 92
    Stat. 367; Pub. L. 101-624, title XII, Secs. 1214, 1224(1), Nov.
    28, 1990, 104 Stat. 3525, 3542; Pub. L. 104-127, title III, Secs.
    336(a)(2)(B), 373, Apr. 4, 1996, 110 Stat. 1005, 1015, related to
    forestry incentives program, prior to repeal by Pub. L. 107-171,
    title VIII, Sec. 8001(a), May 13, 2002, 116 Stat. 468.

                          USE OF REMAINING FUNDS                      
      Pub. L. 107-171, title VIII, Sec. 8001(b), May 13, 2002, 116
    Stat. 468, provided that: "Notwithstanding the amendment made by
    subsection (a) [repealing former sections 2103 and 2103b of this
    title], the Secretary of Agriculture may use funds appropriated for
    fiscal year 2002 for the forestry incentives program or the
    stewardship incentive program, but not expended before the date of
    enactment of this Act [May 13, 2002], to carry out sections 4 and 6
    of the Cooperative Forestry Assistance Act of 1978 [former sections
    2103 and 2103b of this title], as in effect on the date before the
    date of enactment of this Act."

                PURPOSES OF FOREST LAND ENHANCEMENT PROGRAM            
      Pub. L. 107-171, title VIII, Sec. 8002(a), May 13, 2002, 116
    Stat. 468, provided that: "The purposes of this section [enacting
    this section and amending section 6962 of Title 7, Agriculture] are
    - 
        "(1) to strengthen the commitment of the Secretary of
      Agriculture to sustainable forest management to enhance the
      productivity of timber, fish and wildlife habitat, soil and water
      quality, wetland, recreational resources, and aesthetic values of
      forest land; and
        "(2) to establish a coordinated and cooperative Federal, State,
      and local sustainable forestry program for the establishment,
      management, maintenance, enhancement, and restoration of forests
      on nonindustrial private forest land."

-FOOTNOTE-
    (!1) So in original. Probably should be "mean".


-End-



-CITE-
    16 USC Sec. 2103a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2103a. Forest Stewardship Program

-STATUTE-
    (a) Establishment
      The Secretary, in consultation with State foresters or equivalent
    State officials, shall establish a Forest Stewardship Program
    (hereafter referred to in this section as the "Program") to
    encourage the long-term stewardship of nonindustrial private forest
    lands by assisting owners of such lands to more actively manage
    their forest and related resources by utilizing existing State,
    Federal, and private sector resource management expertise and
    assistance programs.
    (b) Goal
      The goal of the Program shall be to enter at least 25,000,000
    acres of nonindustrial private forest lands in the Program by
    December 31, 1995.
    (c) "Nonindustrial private forest lands" defined
      For the purposes of this section, the term "nonindustrial private
    forest lands" means rural, as determined by the Secretary, lands
    with existing tree cover, or suitable for growing trees, and owned
    by any private individual, group, association, corporation, Indian
    tribe, or other private legal entity.
    (d) Implementation
      In carrying out the Program the Secretary, in consultation with
    State foresters or equivalent State officials, shall provide
    financial, technical, educational, and related assistance to State
    foresters or equivalent State officials, including assistance to
    help such State foresters or equivalent officials to provide
    financial assistance to other State and local natural resource
    entities, both public and private, and land-grant universities for
    the delivery of information and professional assistance to owners
    of nonindustrial private forest lands. Such information and
    assistance shall be directed to help such owners understand and
    evaluate alternative actions they might take, including - 
        (1) managing and enhancing the productivity of timber, fish and
      wildlife habitat, water quality, wetlands, recreational
      resources, and the aesthetic value of forest lands;
        (2) investing in practices to protect, maintain, and enhance
      the resources identified in paragraph (1);
        (3) ensuring that afforestation, reforestation, improvement of
      poorly stocked stands, timber stand improvement, practices
      necessary to improve seedling growth and survival, and growth
      enhancement practices occur where needed to enhance and sustain
      the long-term productivity of timber and nontimber forest
      resources to help meet future public demand for all forest
      resources and provide the environmental benefits that result; and
        (4) protecting their forests from damage caused by fire,
      insects, disease, and damaging weather.
    (e) Eligibility
      All nonindustrial private forest lands that are not in management
    under Federal, State, or private sector financial and technical
    assistance programs existing on November 28, 1990, are eligible for
    assistance under the Program. Nonindustrial private forest lands
    that are managed under such existing programs are eligible for
    assistance under the Program if forest management activities are
    expanded and enhanced and the landowner agrees to meet the
    requirements of this chapter.
    (f) Duties of owners
      To enter forest land into the Program, landowners shall - 
        (1) prepare and submit to the State forester or equivalent
      State official a forest stewardship plan that meets the
      requirements of this section and that - 
          (A) is prepared by a professional resource manager;
          (B) identifies and describes actions to be taken by the
        landowner to protect soil, water, range, aesthetic quality,
        recreation, timber, water, and fish and wildlife resources on
        such land in a manner that is compatible with the objectives of
        the landowner; and
          (C) is approved by the State forester, or equivalent State
        official; and

        (2) agree that all activities conducted on such land shall be
      consistent with the stewardship plan.
    (g) Stewardship recognition
      The Secretary, in consultation with State foresters or equivalent
    State officials, is encouraged to develop an appropriate
    recognition program for landowners who practice stewardship
    management on their lands, with an appropriate, special recognition
    symbol and title.
    (h) Authorization of appropriations
      There are hereby authorized to be appropriated $25,000,000 for
    each of the fiscal years 1991 through 1995, and such sums as may be
    necessary thereafter, to carry out this section.

-SOURCE-
    (Pub. L. 95-313, Sec. 5, as added Pub. L. 101-624, title XII, Sec.
    1215(2), Nov. 28, 1990, 104 Stat. 3525; amended Pub. L. 102-237,
    title X, Sec. 1018(a)(1), Dec. 13, 1991, 105 Stat. 1905.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 5 of Pub. L. 95-313 was renumbered section 8 and
    is classified to section 2104 of this title.

                                AMENDMENTS                            
      1991 - Subsec. (d). Pub. L. 102-237 substituted "State foresters"
    for "State Foresters" wherever appearing in introductory
    provisions.

-End-



-CITE-
    16 USC Sec. 2103b                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2103b. Watershed forestry assistance program

-STATUTE-
    (a) Definition of nonindustrial private forest land
      In this section, the term "nonindustrial private forest land"
    means rural land, as determined by the Secretary, that - 
        (1) has existing tree cover or that is suitable for growing
      trees; and
        (2) is owned by any nonindustrial private individual, group,
      association, corporation, or other private legal entity, that has
      definitive decisionmaking authority over the land.
    (b) General authority and purpose
      The Secretary, acting through the Chief of the Forest Service and
    (where appropriate) through the Cooperative State Research,
    Education, and Extension Service, may provide technical, financial,
    and related assistance to State foresters, equivalent State
    officials, or Cooperative Extension officials at land grant
    colleges and universities and 1890 institutions for the purpose of
    expanding State forest stewardship capacities and activities
    through State forestry best-management practices and other means at
    the State level to address watershed issues on non-Federal forested
    land and potentially forested land.
    (c) Technical assistance to protect water quality
      (1) In general
        The Secretary, in cooperation with State foresters or
      equivalent State officials, shall engage interested members of
      the public, including nonprofit organizations and local watershed
      councils, to develop a program of technical assistance to protect
      water quality described in paragraph (2).
      (2) Purpose of program
        The program under this subsection shall be designed - 
          (A) to build and strengthen watershed partnerships that focus
        on forested landscapes at the State, regional, and local
        levels;
          (B) to provide State forestry best-management practices and
        water quality technical assistance directly to owners of
        nonindustrial private forest land;
          (C) to provide technical guidance to land managers and
        policymakers for water quality protection through forest
        management;
          (D) to complement State and local efforts to protect water
        quality and provide enhanced opportunities for consultation and
        cooperation among Federal and State agencies charged with
        responsibility for water and watershed management; and
          (E) to provide enhanced forest resource data and support for
        improved implementation and monitoring of State forestry best-
        management practices.
      (3) Implementation
        In the case of a participating State, the program of technical
      assistance shall be implemented by State foresters or equivalent
      State officials.
    (d) Watershed forestry cost-share program
      (1) In general
        The Secretary shall establish a watershed forestry cost-share
      program - 
          (A) which shall be - 
            (i) administered by the Forest Service; and
            (ii) implemented by State foresters or equivalent State
          officials in participating States; and

          (B) under which funds or other support provided to
        participating States shall be made available for State forestry
        best-management practices programs and watershed forestry
        projects.
      (2) Watershed forestry projects
        The State forester, an equivalent State official of a
      participating State, or a Cooperative Extension official at a
      land grant college or university or 1890 institution, in
      coordination with the State Forest Stewardship Coordinating
      Committee established under section 2113(b) of this title (or an
      equivalent committee) for that State, shall make awards to
      communities, nonprofit groups, and owners of nonindustrial
      private forest land under the program for watershed forestry
      projects described in paragraph (3).
      (3) Project elements and objectives
        A watershed forestry project shall accomplish critical forest
      stewardship, watershed protection, and restoration needs within a
      State by demonstrating the value of trees and forests to
      watershed health and condition through - 
          (A) the use of trees as solutions to water quality problems
        in urban and rural areas;
          (B) community-based planning, involvement, and action through
        State, local, and nonprofit partnerships;
          (C) application of and dissemination of monitoring
        information on forestry best-management practices relating to
        watershed forestry;
          (D) watershed-scale forest management activities and
        conservation planning; and
          (E)(i) the restoration of wetland (as defined by the States)
        and stream-side forests; and
          (ii) the establishment of riparian vegetative buffers.
      (4) Cost-sharing
        (A) Federal share
          (i) Funds under this subsection
            Funds provided under this subsection for a watershed
          forestry project may not exceed 75 percent of the cost of the
          project.
          (ii) Other Federal funds
            The percentage of the cost of a project described in clause
          (i) that is not covered by funds made available under this
          subsection may be paid using other Federal funding sources,
          except that the total Federal share of the costs of the
          project may not exceed 90 percent.
        (B) Form
          The non-Federal share of the costs of a project may be
        provided in the form of cash, services, or other in-kind
        contributions.
      (5) Prioritization
        The State Forest Stewardship Coordinating Committee for a
      State, or equivalent State committee, shall prioritize watersheds
      in that State to target watershed forestry projects funded under
      this subsection.
      (6) Watershed forester
        Financial and technical assistance shall be made available to
      the State Forester or equivalent State official to create a State
      watershed or best-management practice forester position to - 
          (A) lead statewide programs; and
          (B) coordinate watershed-level projects.
    (e) Distribution
      (1) In general
        Of the funds made available for a fiscal year under subsection
      (g) of this section, the Secretary shall use - 
          (A) at least 75 percent of the funds to carry out the cost-
        share program under subsection (d) of this section; and
          (B) the remainder of the funds to deliver technical
        assistance, education, and planning, at the local level,
        through the State Forester or equivalent State official.
      (2) Special considerations
        Distribution of funds by the Secretary among States under
      paragraph (1) shall be made only after giving appropriate
      consideration to - 
          (A) the acres of agricultural land, nonindustrial private
        forest land, and highly erodible land in each State;
          (B) the miles of riparian buffer needed;
          (C) the miles of impaired stream segments and other impaired
        water bodies where forestry practices can be used to restore or
        protect water resources;
          (D) the number of owners of nonindustrial private forest land
        in each State; and
          (E) water quality cost savings that can be achieved through
        forest watershed management.
    (f) Willing owners
      (1) In general
        Participation of an owner of nonindustrial private forest land
      in the watershed forestry assistance program under this section
      is voluntary.
      (2) Written consent
        The watershed forestry assistance program shall not be carried
      out on nonindustrial private forest land without the written
      consent of the owner of, or entity having definitive
      decisionmaking over, the nonindustrial private forest land.
    (g) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $15,000,000 for each of fiscal years 2004 through 2008.

-SOURCE-
    (Pub. L. 95-313, Sec. 6, as added Pub. L. 108-148, title III, Sec.
    302, Dec. 3, 2003, 117 Stat. 1903.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2103b, Pub. L. 95-313, Sec. 6, as added Pub. L.
    101-624, title XII, Sec. 1216, Nov. 28, 1990, 104 Stat. 3526,
    established the Stewardship Incentive Program, prior to repeal by
    Pub. L. 107-171, title VIII, Sec. 8001(a), May 13, 2002, 116 Stat.
    468.
      A prior section 6 of Pub. L. 95-313 was renumbered section 9 and
    is classified to section 2105 of this title.

-End-



-CITE-
    16 USC Sec. 2103c                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2103c. Forest Legacy Program

-STATUTE-
    (a) Establishment and purpose
      The Secretary shall establish a program, to be known as the
    Forest Legacy Program, in cooperation with appropriate State,
    regional, and other units of government for the purposes of
    ascertaining and protecting environmentally important forest areas
    that are threatened by conversion to nonforest uses and, through
    the use of conservation easements and other mechanisms, for
    promoting forest land protection and other conservation
    opportunities. Such purposes shall also include the protection of
    important scenic, cultural, fish, wildlife, and recreational
    resources, riparian areas, and other ecological values.
    (b) State and regional forest legacy programs
      The Secretary shall exercise the authority under subsection (a)
    of this section in conjunction with State or regional programs that
    the Secretary deems consistent with this section.
    (c) Interests in land
      In addition to the authorities granted under section 515 of this
    title and section 428a(a) of title 7, the Secretary may acquire
    from willing landowners lands and interests therein, including
    conservation easements and rights of public access, for Forest
    Legacy Program purposes. The Secretary shall not acquire
    conservation easements with title held in common ownership with any
    other entity.
    (d) Implementation
      (1) In general
        Lands and interests therein acquired under subsection (c) of
      this section may be held in perpetuity for program and easement
      administration purposes as the Secretary may provide. In
      administering lands and interests therein under the program, the
      Secretary shall identify the environmental values to be protected
      by entry of the lands into the program, management activities
      which are planned and the manner in which they may affect the
      values identified, and obtain from the landowner other
      information determined appropriate for administration and
      management purposes.
      (2) Initial programs
        Not later than November 28, 1991, the Secretary shall establish
      a regional program in furtherance of the Northern Forest Lands
      Study in the States of New York, New Hampshire, Vermont, and
      Maine under Public Law 100-446. The Secretary shall establish
      additional programs in each of the Northeast, Midwest, South, and
      Western regions of the United States, and the Pacific Northwest
      (including the State of Washington), on the preparation of an
      assessment of the need for such programs.
    (e) Eligibility
      Not later than November 28, 1991, and in consultation with State
    Forest Stewardship Coordinating Committees established under
    section 2113(b) of this title and similar regional organizations,
    the Secretary shall establish eligibility criteria for the
    designation of forest areas from which lands may be entered into
    the Forest Legacy Program and subsequently select such appropriate
    areas. To be eligible, such areas shall have significant
    environmental values or shall be threatened by present or future
    conversion to nonforest uses. Of land proposed to be included in
    the Forest Legacy Program, the Secretary shall give priority to
    lands which can be effectively protected and managed, and which
    have important scenic or recreational values; riparian areas; fish
    and wildlife values, including threatened and endangered species;
    or other ecological values.
    (f) Application
      For areas included in the Forest Legacy Program, an owner of
    lands or interests in lands who wishes to participate may prepare
    and submit an application at such time in such form and containing
    such information as the Secretary may prescribe. The Secretary
    shall give reasonable advance notice for the submission of all
    applications to the State forester, equivalent State official, or
    other appropriate State or regional natural resource management
    agency. If applications exceed the ability of the Secretary to fund
    them, priority shall be given to those forest areas having the
    greatest need for protection pursuant to the criteria described in
    subsection (e) of this section.
    (g) State consent
      Where a State has not approved the acquisition of land under
    section 515 of this title, the Secretary shall not acquire lands or
    interests therein under authority granted by this section outside
    an area of that State designated as a part of a program established
    under subsection (b) of this section.
    (h) Forest management activities
      (1) In general
        Conservation easements or deed reservations acquired or
      reserved pursuant to this section may allow forest management
      activities, including timber management, on areas entered in the
      Forest Legacy Program insofar as the Secretary deems such
      activities consistent with the purposes of this section.
      (2) Assignment of responsibilities
        For Forest Legacy Program areas, the Secretary may delegate or
      assign management and enforcement responsibilities over federally
      owned lands and interests in lands only to another governmental
      entity.
    (i) Duties of owners
      Under the terms of a conservation easement or other property
    interest acquired under subsection (b) (!1) of this section, the
    landowner shall be required to manage property in a manner that is
    consistent with the purposes for which the land was entered in the
    Forest Legacy Program and shall not convert such property to other
    uses. Hunting, fishing, hiking, and similar recreational uses shall
    not be considered inconsistent with the purposes of this program.

    (j) Compensation and cost sharing
      (1) Compensation
        The Secretary shall pay the fair market value of any property
      interest acquired under this section. Payments under this section
      shall be in accordance with Federal appraisal and acquisition
      standards and procedures.
      (2) Cost sharing
        In accordance with terms and conditions that the Secretary
      shall prescribe, costs for the acquisition of lands or interests
      therein or project costs shall be shared among participating
      entities including regional organizations, State and other
      governmental units, landowners, corporations, or private
      organizations. Such costs may include, but are not limited to,
      those associated with planning, administration, property
      acquisition, and property management. To the extent practicable,
      the Federal share of total program costs shall not exceed 75
      percent, including any in-kind contribution.
    (k) Easements
      (1) Reserved interest deeds
        As used in this section, the term "conservation easement"
      includes an easement utilizing a reserved interest deed where the
      grantee acquires all rights, title, and interests in a property,
      except those rights, title, and interests that may run with the
      land that are expressly reserved by a grantor.
      (2) Prohibitions on limitations
        Notwithstanding any provision of State law, no conservation
      easement held by the United States or its successors or assigns
      under this section shall be limited in duration or scope or be
      defeasible by - 
          (A) the conservation easement being in gross or appurtenant;
          (B) the management of the conservation easement having been
        delegated or assigned to a non-Federal entity;
          (C) any requirement under State law for re-recordation or
        renewal of the easement; or
          (D) any future disestablishment of a Forest Legacy Program
        area or other Federal project for which the conservation
        easement was originally acquired.
      (3) Construction
        Notwithstanding any provision of State law, conservation
      easements shall be construed to effect the Federal purposes for
      which they were acquired and, in interpreting their terms, there
      shall be no presumption favoring the conservation easement holder
      or fee owner.
    (l) Optional State grants
      (1) In general
        The Secretary shall, at the request of a participating State,
      provide a grant to the State to carry out the Forest Legacy
      Program in the State.
      (2) Administration
        If a State elects to receive a grant under this subsection - 
          (A) the Secretary shall use a portion of the funds made
        available under subsection (m) of this section, as determined
        by the Secretary, to provide a grant to the State; and
          (B) the State shall use the grant to carry out the Forest
        Legacy Program in the State, including the acquisition by the
        State of lands and interests in lands.
      (3) Transfer of Forest Legacy Program land - 
        (A) In general
          Subject to any terms and conditions that the Secretary may
        require (including the requirements described in subparagraph
        (B)), the Secretary may, at the request of the State of
        Vermont, convey to the State, by quitclaim deed, without
        consideration, any land or interest in land acquired in the
        State under the Forest Legacy Program.
        (B) Requirements
          In conveying land or an interest in land under subparagraph
        (A), the Secretary may require that - 
            (i) the deed conveying the land or interest in land include
          requirements for the management of the land in a manner that -
           
              (I) conserves the land or interest in land; and
              (II) is consistent with any other Forest Legacy Program
            purposes for which the land or interest in land was
            acquired;

            (ii) if the land or interest in land is subsequently sold,
          exchanged, or otherwise disposed of by the State of Vermont,
          the State shall - 
              (I) reimburse the Secretary in an amount that is based on
            the current market value of the land or interest in land in
            proportion to the amount of consideration paid by the
            United States for the land or interest in land; or
              (II) convey to the Secretary land or an interest in land
            that is equal in value to the land or interest in land
            conveyed.
        (C) Disposition of funds
          Amounts received by the Secretary under subparagraph (B)(ii)
        shall be credited to the Wildland Fire Management account, to
        remain available until expended.
    (m) Appropriation
      There are authorized to be appropriated such sums as may be
    necessary to carry out this section.

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

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


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7 of Pub. L. 95-313 was renumbered section 10 and
    is classified to section 2106 of this title.

                                AMENDMENTS                            
      2003 - Subsec. (l)(3). Pub. L. 108-108 added par. (3).
      1996 - Subsecs. (l), (m). Pub. L. 104-127 added subsec. (l) and
    redesignated former subsec. (l) as (m).
      1991 - Subsec. (d)(2). Pub. L. 102-237, Sec. 1018(a)(2)(A),
    substituted "November 28, 1991" for "1 year after November 28,
    1990".
      Subsec. (e). Pub. L. 102-237, Sec. 1018(a)(2)(B), substituted
    "Not later than November 28, 1991, and in consultation with State
    Forest Stewardship Coordinating Committees established under
    section 2113(b)" for "Within 1 year from November 28, 1990, and in
    consultation with State Forest Stewardship Advisory Committees
    established under section 15(b)".
      Subsec. (f). Pub. L. 102-237, Sec. 1018(a)(2)(C), substituted
    "subsection (e)" for "subsection (d)".

-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(c)".


-End-



-CITE-
    16 USC Sec. 2104                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2104. Forest health protection

-STATUTE-
    (a) In general
      The Secretary may protect trees and forests and wood products,
    stored wood, and wood in use directly on the National Forest System
    and, in cooperation with others, on other lands in the United
    States, from natural and man-made causes, to - 
        (1) enhance the growth and maintenance of trees and forests;
        (2) promote the stability of forest-related industries and
      employment associated therewith through the protection of forest
      resources;
        (3) aid in forest fire prevention and control;
        (4) conserve forest cover on watersheds, shelterbelts, and
      windbreaks;
        (5) protect outdoor recreation opportunities and other forest
      resources; and
        (6) extend timber supplies by protecting wood products, stored
      wood, and wood in use.
    (b) Activities
      Subject to subsections (c), (d), and (e) of this section and to
    such other conditions the Secretary may prescribe, the Secretary
    may, directly on the National Forest System, in cooperation with
    other Federal departments on other Federal lands, and in
    cooperation with State foresters, or equivalent State officials,
    subdivisions of States, agencies, institutions, organizations, or
    individuals on non-Federal lands - 
        (1) conduct surveys to detect and appraise insect infestations
      and disease conditions and man-made stresses affecting trees and
      establish a monitoring system throughout the forests of the
      United States to determine detrimental changes or improvements
      that occur over time, and report annually concerning such surveys
      and monitoring;
        (2) determine the biological, chemical, and mechanical measures
      necessary to prevent, retard, control, or suppress incipient,
      potential, threatening, or emergency insect infestations and
      disease conditions affecting trees;
        (3) plan, organize, direct, and perform measures the Secretary
      determines necessary to prevent, retard, control, or suppress
      incipient, potential, threatening, or emergency insect
      infestations and disease epidemics affecting trees;
        (4) provide technical information, advice, and related
      assistance on the various techniques available to maintain a
      healthy forest and in managing and coordinating the use of
      pesticides and other toxic substances applied to trees and other
      vegetation, and to wood products, stored wood, and wood in use;
        (5) develop applied technology and conduct pilot tests of
      research results prior to the full-scale application of such
      technology in affected forests;
        (6) promote the implementation of appropriate silvicultural or
      management techniques that may improve or protect the health of
      the forests of the United States; and
        (7) take any other actions the Secretary determines necessary
      to accomplish the objectives and purposes of this section.
    (c) Consent of entity
      Operations under this section to prevent, retard, control, or
    suppress insects or diseases affecting forests and trees on land
    not controlled or administered by the Secretary shall not be
    conducted without the consent, cooperation, and participation of
    the entity having ownership of or jurisdiction over the affected
    land.
    (d) Contribution by entity
      No money appropriated to implement this section shall be expended
    to prevent, retard, control, or suppress insects or diseases
    affecting trees on non-Federal land until the entity having
    ownership of or jurisdiction over the affected land contributes, or
    agrees to contribute, to the work to be done in the amount and in
    the manner determined appropriate by the Secretary.
    (e) Allotments to other agencies
      The Secretary may, in the Secretary's discretion, and out of any
    money appropriated to implement this section, make allocations to
    Federal agencies having jurisdiction over lands held or owned by
    the United States in the amounts the Secretary determines necessary
    to prevent, retard, control, or suppress insect infestations and
    disease epidemics affecting trees on those lands.
    (f) Limitation on use of appropriations
      (1) Removing dead trees
        No amounts appropriated shall be used to - 
          (A) pay the cost of felling and removing dead or dying trees
        unless the Secretary determines that such actions are necessary
        to prevent the spread of a major insect infestation or disease
        epidemic severely affecting trees; or
          (B) compensate for the value of any property injured,
        damaged, or destroyed by any cause.
      (2) Insects and diseases affecting trees
        The Secretary may procure materials and equipment necessary to
      prevent, retard, control, or suppress insects and diseases
      affecting trees without regard to section 5 of title 41, under
      whatever procedures the Secretary may prescribe, if the Secretary
      determines that such action is necessary and in the public
      interest.
    (g) Partnerships
      The Secretary, by contract or cooperative agreement, may provide
    financial assistance through the Forest Service to State foresters
    or equivalent State officials, and private forestry and other
    organizations, to monitor forest health and protect the forest
    lands of the United States. The Secretary shall require
    contribution by the non-Federal entity in the amount and in the
    manner determined appropriate. Such non-Federal share may be in the
    form of cash, services, or equipment, as determined appropriate by
    the Secretary.
    (h) Authorization of appropriations
      There are authorized to be appropriated annually such sums as may
    be necessary to carry out subsections (a) through (g) of this
    section.
    (i) Integrated pest management
      (1) In general
        Subject to the provisions of subsections (c) and (e) of this
      section, the Secretary shall, in cooperation with State foresters
      or equivalent State officials, subdivisions of States, or other
      entities on non-Federal lands (hereafter in this subsection
      referred to as the "cooperator") - 
          (A) provide cost-share assistance to such cooperators who
        have established an acceptable integrated pest management
        strategy, as determined by the Secretary, that will prevent,
        retard, control, or suppress gypsy moth, southern pine beetle,
        spruce budworm infestations, or other major insect infestations
        in an amount no less than 50 percent nor greater than 75
        percent of the cost of implementing such strategy; and
          (B) upon request, assist the cooperator in the development of
        such integrated pest management strategy.
      (2) Authorization of appropriations
        There are hereby authorized to be appropriated annually
      $10,000,000 to implement this subsection.

-SOURCE-
    (Pub. L. 95-313, Sec. 8, formerly Sec. 5, July 1, 1978, 92 Stat.
    368; renumbered Sec. 8 and amended Pub. L. 101-624, title XII,
    Secs. 1215(1), 1218, Nov. 28, 1990, 104 Stat. 3525, 3531.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8 of Pub. L. 95-313 was renumbered section 11 and
    is classified to section 2107 of this title.

                                AMENDMENTS                            
      1990 - Pub. L. 101-624 amended section generally, substituting
    present provisions for provisions relating to insect and disease
    control on Federal and non-Federal forest lands, additional
    protective functions and responsibilities concerning such lands,
    consent, cooperation, and participation of, and contribution by,
    entity having jurisdiction over such lands, allocations to Federal
    agencies having jurisdiction over such lands, availability and
    limitations on use of appropriated amounts, and authorization of
    appropriations.

                STEWARDSHIP END RESULT CONTRACTING PROJECTS            
      Pub. L. 107-63, title III, Sec. 332, Nov. 5, 2001, 115 Stat. 471,
    provided in part that: "The authority to enter into stewardship and
    end result contracts provided to the Forest Service in accordance
    with section 347 of title III of section 101(e) of division A of
    Public Law 105-277 [set out as a note below] is hereby expanded to
    authorize the Forest Service to enter into an additional 28
    contracts subject to the same terms and conditions as provided in
    that section: Provided, That of the additional contracts authorized
    by this section at least 9 shall be allocated to Region 1 and at
    least 3 to Region 6."
      Similar provisions were contained in Pub. L. 106-291, title III,
    Sec. 338, Oct. 11, 2000, 114 Stat. 998, as amended by Pub. L. 107-
    20, title II, Sec. 2604, July 24, 2001, 115 Stat. 178.
      Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 347], Oct.
    21, 1998, 112 Stat. 2681-231, 2681-298, as amended by Pub. L. 106-
    113, div. B, Sec. 1000(a)(3) [title III, Sec. 341], Nov. 29, 1999,
    113 Stat. 1535, 1501A-201; Pub. L. 107-63, title III, Sec. 332,
    Nov. 5, 2001, 115 Stat. 471; Pub. L. 108-7, div. F, title III, Sec.
    323, Feb. 20, 2003, 117 Stat. 275, provided that:
      "(a) In General. - Until September 30, 2013, the Forest Service
    and the Bureau of Land Management, via agreement or contract as
    appropriate, may enter into stewardship contracting projects with
    private persons or other public or private entities to perform
    services to achieve land management goals for the national forests
    and the public lands that meet local and rural community needs.
      "(b) Land Management Goals. - The land management goals of a
    project under subsection (a) may include, among other things - 
        "(1) road and trail maintenance or obliteration to restore or
      maintain water quality;
        "(2) soil productivity, habitat for wildlife and fisheries, or
      other resource values;
        "(3) setting of prescribed fires to improve the composition,
      structure, condition, and health of stands or to improve wildlife
      habitat;
        "(4) removing vegetation or other activities to promote healthy
      forest stands, reduce fire hazards, or achieve other land
      management objectives;
        "(5) watershed restoration and maintenance;
        "(6) restoration and maintenance of wildlife and fish habitat;
      and
        "(7) control of noxious and exotic weeds and reestablishing
      native plant species.
      "(c) Agreements or Contracts. - 
        "(1) Procurement procedure. - A source for performance of an
      agreement or contract under subsection (a) shall be selected on a
      best-value basis, including consideration of source under other
      public and private agreements or contracts.
        "(2) Term. - A multiyear contract may be entered into under
      subsection (a) in accordance with section 304B of the Federal
      Property and Administrative Services Act of 1949 (41 U.S.C.
      254c), except that the period of the contract may exceed 5 years
      but may not exceed 10 years.
        "(3) Offsets. - 
          "(A) In general. - In connection with agreement or contracts
        under subsection (a), the Forest Service and the Bureau of Land
        Management may apply the value of timber or other forest
        products removed as an offset against the cost of services
        received.
          "(B) Methods of appraisal. - The value of timber or other
        forest products used as offsets under subparagraph (A) - 
            "(i) shall be determined using appropriate methods of
          appraisal commensurate with the quantity of products to be
          removed;
            "(ii) may be determined using a unit of measure appropriate
          to the agreement or contracts; and
            "(iii) may include valuing products on a per-acre basis.
        "(4) Relation to other laws. - The Forest Service may enter
      into agreement or contracts under subsection (a), notwithstanding
      subsections (d) and (g) of section 14 of the National Forest
      Management Act of 1976 (16 U.S.C. 472a).
        "(5) Contracting officer. - Notwithstanding any other provision
      of law, the Secretary of Agriculture or the Secretary of the
      Interior may determine the appropriate contracting officer to
      enter into and administer an agreement or contract under
      subsection (a).
      "(d) Receipts. - 
        "(1) In general. - The Forest Service and the Bureau of Land
      Management may collect monies from an agreement or contract under
      subsection (a) so long as such collection is a secondary
      objective of negotiating contracts that will best achieve the
      purposes of this section.
        "(2) Use. - Monies from an agreement or contract under
      subsection (a) may be retained by the Forest Service and the
      Bureau of Land Management and shall be available for expenditure
      without further appropriation at the project site from which the
      monies are collected or at another project site.
        "(3) Relation to other laws. - The value of services received
      by the Forest Service or the Bureau of Land Management under a
      stewardship contract project conducted under this section, and
      any payments made or resources provided by the contractor or the
      Forest Service or the Bureau of Land Management under such a
      project, shall not be considered to be monies received from the
      National Forest System or the public lands under any provision of
      law. The Act of June 9, 1930 (16 U.S.C. 576 et seq.; commonly
      known as the Knutson-Vandenberg Act), shall not apply to
      stewardship contracts entered into under this section.
      "(e) Costs of Removal. - The Forest Service may collect deposits
    from contractors covering the costs of removal of timber or other
    forest products pursuant to the Act of August 11, 1916 (39 Stat.
    462, chapter 313; 16 U.S.C. 490); and the next to the last
    paragraph under the heading 'Forest Service.' under the heading
    'Department of Agriculture' in the Act of June 30, 1914 (38 Stat.
    430, chapter 131; 16 U.S.C. 498); notwithstanding the fact that the
    timber purchasers did not harvest the timber.
      "(f) Performance and Payment Guarantees. - 
        "(1) In general. - The Forest Service and the Bureau of Land
      Management may require performance and payment bonds, in
      accordance with sections 103-2 and 103-2 of part 28 of the
      Federal Acquisition Regulation (48 C.F.R. 28.103-2, 28.103-3), in
      an amount that the contracting officer considers sufficient to
      protect the Government's investment in receipts generated by the
      contractor from the estimated value of the forest products to be
      removed under contract under subsection (a).
        "(2) Excess offset value. - If the offset value of the forest
      products exceeds the value of the resource improvement
      treatments, the Forest Service and the Bureau of Land Management
      may - 
          "(A) collect any residual receipts pursuant to the Act of
        June 9, 1930 (46 Stat. 527, chapter 416; 16 U.S.C. 576b); and
          "(B) apply the excess to other authorized stewardship
        projects.
      "(g) Monitoring, Evaluation and Reporting. - The Forest Service
    and the Bureau of Land Management shall establish a multiparty
    monitoring and evaluation process that accesses the stewardship
    contracting projects conducted under this section. Besides the
    Forest Service and the Bureau of Land Management, participants in
    this process may include any cooperating governmental agencies,
    including tribal governments, and any interested groups or
    individuals. The Forest Service and the Bureau of Land Management
    shall report annually to the Committee on Appropriations of the
    House of Representatives and the Committee on Appropriations of the
    Senate on - 
        "(1) the status of development, execution, and administration
      of agreements or contracts under subsection (a);
        "(2) the specific accomplishments that have resulted; and
        "(3) the role of local communities in development of agreements
      or contract plans."

           HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY       
      Pub. L. 105-277, div. A, Sec. 101(e) [title IV], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-305, as amended by Pub. L. 107-171, title
    VI, Sec. 6201(d)(5), May 13, 2002, 116 Stat. 419, provided that:
      "Sec. 401. Pilot Project for Plumas, Lassen, and Tahoe National
    Forests to Implement Quincy Library Group Proposal. (a) Definition.
    - For purposes of this section, the term 'Quincy Library Group-
    Community Stability Proposal' means the agreement by a coalition
    of representatives of fisheries, timber, environmental, county
    government, citizen groups, and local communities that formed in
    northern California to develop a resource management program that
    promotes ecologic and economic health for certain Federal lands and
    communities in the Sierra Nevada area. Such proposal includes the
    map entitled 'QUINCY LIBRARY GROUP Community Stability Proposal',
    dated October 12, 1993, and prepared by VESTRA Resources of
    Redding, California.
      "(b) Pilot Project Required. - 
        "(1) Pilot project and purpose. - The Secretary of Agriculture
      (in this section referred to as the 'Secretary'), acting through
      the Forest Service and after completion of an environmental
      impact statement (a record of decision for which shall be adopted
      within 300 days), shall conduct a pilot project on the Federal
      lands described in paragraph (2) to implement and demonstrate the
      effectiveness of the resource management activities described in
      subsection (d) and the other requirements of this section, as
      recommended in the Quincy Library Group-Community Stability
      Proposal.
        "(2) Pilot project area. - The Secretary shall conduct the
      pilot project on the Federal lands within Plumas National Forest,
      Lassen National Forest, and the Sierraville Ranger District of
      Tahoe National Forest in the State of California designated as
      'Available for Group Selection' on the map entitled 'QUINCY
      LIBRARY GROUP Community Stability Proposal', dated October 12,
      1993 (in this section referred to as the 'pilot project area').
      Such map shall be on file and available for inspection in the
      appropriate offices of the Forest Service.
      "(c) Exclusion of Certain Lands, Riparian Protection and
    Compliance. - 
        "(1) Exclusion. - All spotted owl habitat areas and protected
      activity centers located within the pilot project area designated
      under subsection (b)(2) will be deferred from resource management
      activities required under subsection (d) and timber harvesting
      during the term of the pilot project.
        "(2) Riparian protection. - 
          "(A) In general. - The Scientific Analysis Team guidelines
        for riparian system protection described in subparagraph (B)
        shall apply to all resource management activities conducted
        under subsection (d) and all timber harvesting activities that
        occur in the pilot project area during the term of the pilot
        project.
          "(B) Guidelines described. - The guidelines referred to in
        subparagraph (A) are those in the document entitled 'Viability
        Assessments and Management Considerations for Species
        Associated with Late-Successional and Old-Growth Forests of the
        Pacific Northwest', a Forest Service research document dated
        March 1993 and co-authored by the Scientific Analysis Team,
        including Dr. Jack Ward Thomas.
          "(C) Limitation. - Nothing in this section shall be construed
        to require the application of the Scientific Analysis Team
        guidelines to any livestock grazing in the pilot project area
        during the term of the pilot project, unless the livestock
        grazing is being conducted in the specific location at which
        the Scientific Analysis Team guidelines are being applied to an
        activity under subsection (d).
        "(3) Compliance. - All resource management activities required
      by subsection (d) shall be implemented to the extent consistent
      with applicable Federal law and the standards and guidelines for
      the conservation of the California spotted owl as set forth in
      the California Spotted Owl Sierran Provence Interim Guidelines or
      the subsequently issued guidelines, whichever are in effect.
        "(4) Roadless area protection. - The Regional Forester for
      Region 5 shall direct that any resource management activity
      required by subsection (d)(1) and (2), all road building, all
      timber harvesting activities, and any riparian management under
      subsection (d)(4) that utilizes road construction or timber
      harvesting shall not be conducted on Federal lands within the
      Plumas National Forest, Lassen National Forest, and the
      Sierraville Ranger District of the Tahoe National Forest that are
      designated as either 'Off Base' or 'Deferred' on the map referred
      to in subsection (a). Such direction shall be effective during
      the term of the pilot project.
      "(d) Resource Management Activities. - During the term of the
    pilot project, the Secretary shall implement and carry out the
    following resource management activities on an acreage basis on the
    Federal lands included within the pilot project area designated
    under subsection (b)(2):
        "(1) Fuelbreak construction. - Construction of a strategic
      system of defensible fuel profile zones, including shaded
      fuelbreaks, utilizing thinning, individual tree selection, and
      other methods of vegetation management consistent with the Quincy
      Library Group-Community Stability Proposal, on not less than
      40,000, but not more than 60,000, acres per year.
        "(2) Group selection and individual tree selection. -
      Utilization of group selection and individual tree selection
      uneven-aged forest management prescriptions described in the
      Quincy Library Group-Community Stability Proposal to achieve a
      desired future condition of all-age, multistory, fire resilient
      forests as follows:
          "(A) Group selection. - Group selection on an average acreage
        of .57 percent of the pilot project area land each year of the
        pilot project.
          "(B) Individual tree selection. - Individual tree selection
        may also be utilized within the pilot project area.
        "(3) Total acreage. - The total acreage on which resource
      management activities are implemented under this subsection shall
      not exceed 70,000 acres each year.
        "(4) Riparian management. - A program of riparian management,
      including wide protection zones and riparian restoration
      projects, consistent with riparian protection guidelines in
      subsection (c)(2)(B).
      "(e) Cost-Effectiveness. - In conducting the pilot project,
    Secretary shall use the most cost-effective means available, as
    determined by the Secretary, to implement resource management
    activities described in subsection (d).
      "(f) Funding. - 
        "(1) Source of funds. - In conducting the pilot project, the
      Secretary shall use, subject to the relevant reprogramming
      guidelines of the House and Senate Committees on Appropriations -
      
          "(A) those funds specifically provided to the Forest Service
        by the Secretary to implement resource management activities
        according to the Quincy Library Group-Community Stability
        Proposal; and
          "(B) year-end excess funds that are allocated for the
        administration and management of Plumas National Forest, Lassen
        National Forest, and the Sierraville Ranger District of Tahoe
        National Forest.
        "(2) Prohibition on use of certain funds. - The Secretary may
      not conduct the pilot project using funds appropriated for any
      other unit of the National Forest System.
        "(3) Flexibility. - Subject to normal reprogramming guidelines,
      during the term of the pilot project, the forest supervisors of
      Plumas National Forest, Lassen National Forest, and Tahoe
      National Forest may allocate and use all accounts that contain
      year-end excess funds and all available excess funds for the
      administration and management of Plumas National Forest, Lassen
      National Forest, and the Sierraville Ranger District of Tahoe
      National Forest to perform the resource management activities
      described in subsection (d).
        "(4) Restriction. - The Secretary or the forest supervisors, as
      the case may be, shall not utilize authority provided under
      paragraphs (1)(B) and (3) if, in their judgment, doing so will
      limit other nontimber related multiple use activities for which
      such funds were available.
        "(5) Overhead. - The Secretary shall seek to ensure that of
      amounts available to carry out this section - 
          "(A) not more than 12 percent is used or allocated for
        general administration or other overhead; and
          "(B) at least 88 percent is used to implement and carry out
        activities required by this section.
        "(6) Authorized supplemental funds. - There are authorized to
      be appropriated to implement and carry out the pilot project such
      sums as are necessary.
        "(7) Baseline funds. - Amounts available for resource
      management activities authorized under subsection (d) shall at a
      minimum include existing baseline funding levels.
      "(g) Term of Pilot Project. - The Secretary shall conduct the
    pilot project until the earlier of: (1) the date on which the
    Secretary completes amendment or revision of the land and resource
    management plans directed under and in compliance with subsection
    (i) for the Plumas National Forest, Lassen National Forest, and
    Tahoe National Forest; or (2) five years after the date of the
    commencement of the pilot project.
      "(h) Consultation. - (1) The statement required by subsection
    (b)(1) shall be prepared in consultation with interested members of
    the public, including the Quincy Library Group.
      "(2) Contracting. - The Forest Service, subject to the
    availability of appropriations, may carry out any (or all) of the
    requirements of this section using private contracts.
      "(i) Corresponding Forest Plan Amendments. - Within 2 years after
    the date of the enactment of this Act [Oct. 21, 1998], the Regional
    Forester for Region 5 shall initiate the process to amend or revise
    the land and resource management plans for Plumas National Forest,
    Lassen National Forest, and Tahoe National Forest. The process
    shall include preparation of at least one alternative that - 
        "(1) incorporates the pilot project and area designations made
      by subsection (b), the resource management activities described
      in subsection (d), and other aspects of the Quincy Library Group-
      Community Stability Proposal; and
        "(2) makes other changes warranted by the analyses conducted in
      compliance with section 102(2) of the National Environmental
      Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest
      and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
      1604), and other applicable laws.
      "(j) Status Reports. - 
        "(1) In general. - Not later than February 28 of each year
      during the term of the pilot project, the Secretary shall submit
      to Congress a report on the status of the pilot project. The
      report shall include at least the following:
          "(A) A complete accounting of the use of funds made available
        under subsection (f)(1)(A) until such funds are fully expended.
          "(B) A complete accounting of the use of funds and accounts
        made available under subsection (f)(1) for the previous fiscal
        year, including a schedule of the amounts drawn from each
        account used to perform resource management activities
        described in subsection (d).
          "(C) A description of total acres treated for each of the
        resource management activities required under subsection (d),
        forest health improvements, fire risk reductions, water yield
        increases, and other natural resources-related benefits
        achieved by the implementation of the resource management
        activities described in subsection (d).
          "(D) A description of the economic benefits to local
        communities achieved by the implementation of the pilot
        project.
          "(E) A comparison of the revenues generated by, and costs
        incurred in, the implementation of the resource management
        activities described in subsection (d) on the Federal lands
        included in the pilot project area with the revenues and costs
        during each of the fiscal years 1992 through 1997 for timber
        management of such lands before their inclusion in the pilot
        project.
          "(F) A proposed schedule for the resource management
        activities to be undertaken in the pilot project area during
        the 1-year period beginning on the date of submittal of the
        report.
          "(G) A description of any adverse environmental impacts from
        the pilot project.
        "(2) Limitation on expenditures. - The amount of Federal funds
      expended on each annual report under this subsection shall not
      exceed $125,000.
      "(k) Final Report. - 
        "(1) In general. - The Secretary shall establish an independent
      scientific panel to review and report on whether, and to what
      extent, implementation of the pilot project under this section
      achieved the goals stated in the Quincy Library Group-Community
      Stability Proposal, including improved ecological health and
      community stability. The membership of the panel shall reflect
      expertise in diverse disciplines in order to adequately address
      all of those goals.
        "(2) Preparation. - The panel shall initiate such review no
      sooner than 18 months after the first day of the term of the
      pilot project under subsection (g). The panel shall prepare the
      report in consultation with interested members of the public,
      including the Quincy Library Group. The report shall include, but
      not be limited to, the following:
          "(A) A description of any adverse environmental impacts
        resulting from implementation of the pilot project.
          "(B) An assessment of watershed monitoring data on lands
        treated pursuant to this section. Such assessment shall address
        the following issues on a priority basis: timing of water
        releases; water quality changes; and water yield changes over
        the short- and long-term in the pilot project area.
        "(3) Submission to the congress. - The panel shall submit the
      final report to the Congress as soon as practicable, but in no
      case later than 18 months after completion of the pilot project.
        "(4) Limitation on expenditures. - The amount of Federal funds
      expended for the report under this subsection, other than for
      watershed monitoring, shall not exceed $350,000. The amount of
      Federal funds expended for watershed monitoring under this
      subsection shall not exceed $175,000 for each fiscal year in
      which the report is prepared.
      "(l) Relationship to Other Laws. - Nothing in this section
    exempts the pilot project from any Federal environmental law.
      "Sec. 402. Short Title. Section 401 of this title may be cited as
    the 'Herger-Feinstein Quincy Library Group Forest Recovery Act'."
      [Pub. L. 108-7, div. F, title III, Sec. 338, Feb. 20, 2003, 117
    Stat. 278, provided that: "Congress reaffirms its original intent
    that the Herger-Feinstein Quincy Library Group Forest Recovery Act
    of 1998 [Pub. L. 105-277, div. A, Sec. 101(e) [title IV, Sec. 401],
    set out above] be implemented, and hereby extends the expiration of
    the Quincy Library Group Act by 5 years."]

-End-



-CITE-
    16 USC Sec. 2105                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2105. Urban and community forestry assistance

-STATUTE-
    (a) Findings
      The Congress finds that - 
        (1) the health of forests in urban areas and communities,
      including cities, their suburbs, and towns, in the United States
      is on the decline;
        (2) forest lands, shade trees, and open spaces in urban areas
      and communities improve the quality of life for residents;
        (3) forest lands and associated natural resources enhance the
      economic value of residential and commercial property in urban
      and community settings;
        (4) urban trees are 15 times more effective than forest trees
      at reducing the buildup of carbon dioxide and aid in promoting
      energy conservation through mitigation of the heat island effect
      in urban areas;
        (5) tree plantings and ground covers such as low growing dense
      perennial turfgrass sod in urban areas and communities can aid in
      reducing carbon dioxide emissions, mitigating the heat island
      effect, and reducing energy consumption, thus contributing to
      efforts to reduce global warming trends;
        (6) efforts to encourage tree plantings and protect existing
      open spaces in urban areas and communities can contribute to the
      social well-being and promote a sense of community in these
      areas; and
        (7) strengthened research, education, technical assistance, and
      public information and participation in tree planting and
      maintenance programs for trees and complementary ground covers
      for urban and community forests are needed to provide for the
      protection and expansion of tree cover and open space in urban
      areas and communities.
    (b) Purposes
      The purposes of this section are to - 
        (1) improve understanding of the benefits of preserving
      existing tree cover in urban areas and communities;
        (2) encourage owners of private residences and commercial
      properties to maintain trees and expand forest cover on their
      properties;
        (3) provide education programs and technical assistance to
      State and local organizations (including community associations
      and schools) in maintaining forested lands and individual trees
      in urban and community settings and identifying appropriate tree
      species and sites for expanding forest cover;
        (4) provide assistance through competitive matching grants
      awarded to local units of government, approved organizations that
      meet the requirements of section 501(c)(3) of title 26, or other
      local community tree volunteer groups, for urban and community
      forestry projects;
        (5) implement a tree planting program to complement urban and
      community tree maintenance and open space programs and to reduce
      carbon dioxide emissions, conserve energy, and improve air
      quality in addition to providing other environmental benefits;
        (6) promote the establishment of demonstration projects in
      selected urban and community settings to illustrate the benefits
      of maintaining and creating forest cover and trees;
        (7) enhance the technical skills and understanding of sound
      tree maintenance and arboricultural practices including practices
      involving the cultivation of trees, shrubs and complementary
      ground covers, of individuals involved in the planning,
      development, and maintenance of urban and community forests and
      trees; and
        (8) expand existing research and educational efforts intended
      to improve understanding of - 
          (A) tree growth and maintenance, tree physiology and
        morphology, species adaptations, and forest ecology,
          (B) the value of integrating trees and ground covers,
          (C) the economic, environmental, social, and psychological
        benefits of trees and forest cover in urban and community
        environments, and
          (D) the role of urban trees in conserving energy and
        mitigating the urban heat island.
    (c) General authority
      The Secretary is authorized to provide financial, technical, and
    related assistance to State foresters or equivalent State officials
    for the purpose of encouraging States to provide information and
    technical assistance to units of local government and others that
    will encourage cooperative efforts to plan urban forestry programs
    and to plant, protect, and maintain, and utilize wood from, trees
    in open spaces, greenbelts, roadside screens, parks, woodlands,
    curb areas, and residential developments in urban areas. In
    providing such assistance, the Secretary is authorized to cooperate
    with interested members of the public, including nonprofit private
    organizations. The Secretary is also authorized to cooperate
    directly with units of local government and others in implementing
    this section whenever the Secretary and the affected State forester
    or equivalent State official agree that direct cooperation would
    better achieve the purposes of this section.
    (d) Program of education and technical assistance
      The Secretary, in cooperation with State foresters and State
    extension directors or equivalent State officials and interested
    members of the public, including nonprofit private organizations,
    shall implement a program of education and technical assistance for
    urban and community forest resources. The program shall be designed
    to - 
        (1) assist urban areas and communities in conducting
      inventories of their forest resources, including inventories of
      the species, number, location, and health of trees in urban areas
      and communities, identifying opportunities for the establishment
      of plantings for the purposes of conserving energy, and
      determining the status of related resources (including fish and
      wildlife habitat, water resources, and trails);
        (2) assist State and local organizations (including community
      associations and schools) in organizing and conducting urban and
      community forestry projects and programs;
        (3) improve education and technical support in - 
          (A) selecting tree species appropriate for planting in urban
        and community environments and for promotion of energy
        conservation;
          (B) providing for proper tree planting, maintenance, and
        protection in urban areas and communities;
          (C) protecting individual trees and preserving existing open
        spaces with or without tree cover; and
          (D) identifying opportunities for expanding tree cover in
        urban areas and communities;

        (4) assist in the development of State and local management
      plans for trees and associated resources in urban areas and
      communities; and
        (5) increase public understanding of the energy conservation,
      economic, social, environmental, and psychological values of
      trees and open space in urban and community environments and
      expand knowledge of the ecological relationships and benefits of
      trees and related resources in these environments.
    (e) Procurement of plant materials
      The Secretary, in cooperation with State foresters or equivalent
    State officials, shall assist in identifying sources of plant
    materials and may procure or otherwise obtain such plant materials
    from public or private sources and may make such plant materials
    available to urban areas and communities for the purpose of
    reforesting open spaces, replacing dead and dying urban trees,
    promoting energy conservation, and providing other environmental
    benefits through expanding tree cover in urban areas and
    communities.
    (f) Challenge cost-share program
      (1) In general
        The Secretary shall establish an urban and community forestry
      challenge cost-share program. Funds or other support shall be
      provided under such program to eligible communities and
      organizations, on a competitive basis, for urban and community
      forestry projects. The Secretary shall annually make awards under
      the program in accordance with criteria developed in consultation
      with, and after consideration of recommendations received from,
      the National Urban and Community Forestry Advisory Council
      established under subsection (g) of this section. Each State
      forester or equivalent State official may make recommendations to
      the Secretary for awards under the program for project proposals
      in their State which meet such criteria. Awards shall be
      consistent with the cost-share requirements of this section.
      (2) Cost-sharing
        The Federal share of support for a project provided under this
      subsection may not exceed 50 percent of the support for that
      project and shall be provided on a matching basis. The non-
      Federal share of such support may be in the form of cash,
      services, or in-kind contributions.
    (g) Forestry Advisory Council
      (1) Establishment and purpose
        The Secretary shall establish a National Urban and Community
      Forestry Advisory Council (hereafter in this section referred to
      as the "Council") for the purpose of - 
          (A) developing a national urban and community forestry action
        plan;
          (B) evaluating the implementation of that plan; and
          (C) developing criteria for, and submitting recommendations
        with respect to, the urban and community forestry challenge
        cost-share program under subsection (f) of this section.
      (2) Composition and operation
        (A) Composition
          The Council shall be composed of 15 members appointed by the
        Secretary, as follows:
            (i) 2 members representing national nonprofit forestry and
          conservation citizen organizations,
            (ii) 3 members, 1 each representing State, county, and city
          and town governments,
            (iii) 1 member representing the forest products, nursery,
          or related industries,
            (iv) 1 member representing urban forestry, landscape, or
          design consultants,
            (v) 2 members representing academic institutions with an
          expertise in urban and community forestry activities,
            (vi) 1 member representing State forestry agencies or
          equivalent State agencies,
            (vii) 1 member representing a professional renewable
          natural resource or arboricultural society,
            (viii) 1 member from the Extension Service,
            (ix) 1 member from the Forest Service, and
            (x) 2 members who are not officers or employees of any
          governmental body, 1 of whom is a resident of a community
          with a population of less than 50,000 as of the most recent
          census and both of whom have expertise and have been active
          in urban and community forestry.
        (B) Vacancy
          A vacancy in the Council shall be filled in the manner in
        which the original appointment was made.
        (C) Chairperson
          The Secretary shall select 1 member, from members appointed
        to the Council, who is not an officer or employee of the United
        States nor any State, county, city, or town government, who
        shall serve as the chairperson of the Council.
        (D) Terms
          (i) In general
            Except as provided in clauses (ii) and (iii) of this
          paragraph, members shall be appointed for terms of 3 years,
          and no member may serve more than 2 consecutive terms on the
          Council.
          (ii) Staggered terms
            Of the members first appointed - 
              (I) 5, including the chairperson and 2 governmental
            employees, shall be appointed for a term of 3 years,
              (II) 5, including 2 governmental employees, shall be
            appointed for a term of 2 years, and
              (III) 5, including 2 governmental employees, shall be
            appointed for a term of 1 year, as designated by the
            Secretary at the time of appointment.
          (iii) Continuation
            Any member appointed to fill a vacancy occurring before the
          expiration of the term of the member's predecessor shall be
          appointed only for the remainder of such term. A member may
          serve after the expiration of the member's term until the
          member's successor has taken office.
        (E) Compensation
          (i) In general
            Except as provided in clause (ii), members of the Council
          shall serve without pay, but may be reimbursed for reasonable
          costs incurred while in the actual performance of duties
          vested in the Council.
          (ii) Federal officers and employees
            Members of the Council who are full-time officers or
          employees of the United States shall receive no additional
          pay, allowances, or benefits by reason of their service on
          the Council.
          (iii) Financial and administrative support
            The Secretary shall provide financial and administrative
          support for the Council.
      (3) Urban and Community Forestry Action Plan
        Within 1 year after November 28, 1990, and every 10 years
      thereafter, the Council shall prepare a National Urban and
      Community Forestry Action Plan. The plan shall include (but not
      be limited to) the following:
          (A) An assessment of the current status of urban forest
        resources in the United States.
          (B) A review of urban and community forestry programs and
        activities in the United States, including education and
        technical assistance activities conducted by the Department of
        Agriculture, and other Federal agencies, the State forestry
        organizations, private industry, private nonprofit
        organizations, community and civic organizations and interested
        others.
          (C) Recommendations for improving the status of the Nation's
        urban and community forest resources, including education and
        technical assistance and modifications required in existing
        programs and policies of relevant Federal agencies.
          (D) A review of urban and community forestry research,
        including - 
            (i) a review of all ongoing research associated with urban
          and community forests, arboricultural practices, and the
          economic, social, and psychological benefits of trees and
          forest cover in urban and community environments being
          conducted by the Forest Service, other Federal agencies, and
          associated land grant colleges and universities;
            (ii) recommendations for new and expanded research efforts
          directed toward urban and community forestry concerns; and
            (iii) a summary of research priorities and an estimate of
          the funds needed to implement such research, on an annual
          basis, for the next 10 years.

          (E) Proposed criteria for evaluating proposed projects under
        the urban and community forestry challenge cost share program
        under subsection (f) of this section, with special emphasis
        given to projects that would demonstrate the benefits of
        improved forest management (including the maintenance and
        establishment of forest cover and trees) in urban areas and
        communities.
          (F) An estimate of the resources needed to implement the
        National Urban and Community Forestry Action Plan for the
        succeeding 10 fiscal years.
      (4) Amendment of plan
        The plan may be amended by a majority of the Council members.
      Such amendments shall be incorporated into the Council's annual
      review of the plan submitted to the Secretary pursuant to
      paragraph (5) of this subsection.
      (5) Review of plan
        The Council shall submit the plan to the Secretary and the
      Committee on Agriculture of the House of Representatives and the
      Committee on Agriculture, Nutrition, and Forestry of the Senate
      upon its completion. Beginning no later than one year after the
      plan is submitted and annually thereafter, the Council shall
      submit a review of the plan to the Secretary no later than
      December 31. The review shall consist of - 
          (A) the Council's assessment of prior year accomplishments in
        research, education, technical assistance, and related
        activities in urban and community forestry;
          (B) the Council's recommendations for research, education,
        technical assistance, and related activities in the succeeding
        year; and
          (C) the Council's recommendations for the urban and community
        forestry challenge cost share projects to be funded during the
        succeeding year.

      The review submitted to the Secretary shall be incorporated into
      the annual report required under section 1601(d) of this title.
      (6) Detail of personnel
        Upon request of the Council, the Secretary is authorized to
      detail, on a reimbursable basis, any of the personnel of the
      Department of Agriculture to the Council to assist the Council in
      carrying out its duties under this chapter.
    (h) Definitions
      For the purposes of this section - 
        (1) the term "Council" means the National Urban and Community
      Forestry Advisory Council established under subsection (g) of
      this section;
        (2) the term "plan" means the National Urban and Community
      Forestry Action Plan developed under subsection (g)(3) of this
      section; and
        (3) the term "urban and community area" includes cities, their
      suburbs, and towns.
    (i) Authorization of appropriations
      There are hereby authorized to be appropriated $30,000,000 for
    each of the fiscal years 1991 through 1995, and such sums as may be
    necessary for each fiscal year thereafter, for the implementation
    of this section.

-SOURCE-
    (Pub. L. 95-313, Sec. 9, formerly Sec. 6, July 1, 1978, 92 Stat.
    369; renumbered Sec. 9 and amended Pub. L. 101-624, title XII,
    Secs. 1215(1), 1219(a), Nov. 28, 1990, 104 Stat. 3525, 3533; Pub.
    L. 102-237, title X, Sec. 1018(a)(3), Dec. 13, 1991, 105 Stat.
    1905.)

-COD-
                               CODIFICATION                           
      November 28, 1990, referred to in subsec. (g)(3), was in the
    original "the date of enactment of this subsection", which was
    translated as meaning the date of enactment of Pub. L. 101-624,
    which amended this section generally, to reflect the probable
    intent of Congress.


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (g)(1)(C), (3)(E). Pub. L. 102-237, Sec.
    1018(a)(3)(A), (B), substituted "subsection (f)" for "subsection
    (e)".
      Subsec. (h)(1). Pub. L. 102-237, Sec. 1018(a)(3)(C), substituted
    "subsection (g)" for "subsection (f)".
      Subsec. (h)(2). Pub. L. 102-237, Sec. 1018(a)(3)(D), substituted
    "subsection (g)(3)" for "subsection (f)(3)".
      1990 - Pub. L. 101-624 amended section generally, substituting
    present provisions for provisions relating to Congressional
    findings concerning urban forestry assistance, financial,
    technical, and related assistance to State foresters or equivalent
    State officials to encourage planning of urban forestry programs,
    and authorization of appropriations.

                     TERMINATION OF ADVISORY COUNCILS                 
      Advisory councils established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a council
    established by the President or an officer of the Federal
    Government, such council is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a council
    established by the Congress, its duration is otherwise provided by
    law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    16 USC Sec. 2106                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2106. Rural fire prevention and control

-STATUTE-
    (a) Congressional findings
      Congress finds that - 
        (1) significant accomplishments have been made by the Secretary
      and cooperating States in the prevention and control of fires on
      forest lands and on nonforested watersheds for more than fifty
      years;
        (2) progress is being made by the Secretary and cooperating
      States and rural communities in the protection of human lives,
      agricultural crops and livestock, property and other
      improvements, and natural resources from fires in rural areas;
        (3) notwithstanding the accomplishments and progress that have
      been made, fire prevention and control on rural lands and in
      rural communities are of continuing high priority to protect
      human lives, agricultural crops and livestock, property and other
      improvements, and natural resources;
        (4) the effective cooperative relationships between the
      Secretary and the States regarding fire prevention and control on
      rural lands and in rural communities should be retained and
      improved;
        (5) efforts in fire prevention and control in rural areas
      should be coordinated among Federal, State, and local agencies;
      and
        (6) in addition to providing assistance to State and local
      rural fire prevention and control programs, the Secretary should
      provide prompt and adequate assistance whenever a rural fire
      emergency overwhelms, or threatens to overwhelm, the firefighting
      capability of the affected State or rural area.
    (b) Implementation of provisions
      Notwithstanding the Federal Fire Prevention and Control Act of
    1974 [15 U.S.C. 2201 et seq.] the Secretary is authorized, under
    whatever conditions the Secretary may prescribe, to - 
        (1) cooperate with State foresters or equivalent State
      officials in developing systems and methods for the prevention,
      control, suppression, and prescribed use of fires on rural lands
      and in rural communities that will protect human lives,
      agricultural crops and livestock, property and other
      improvements, and natural resources;
        (2) provide financial, technical, and related assistance to
      State foresters or equivalent State officials, and through them
      to other agencies and individuals, for the prevention, control,
      suppression, and prescribed use of fires on non-Federal forest
      lands and other non-Federal lands;
        (3) provide financial, technical, and related assistance to
      State foresters or equivalent State officials in cooperative
      efforts to organize, train, and equip local firefighting forces,
      including those of Indian tribes or other native groups, to
      prevent, control, and suppress fires threatening human lives,
      crops, livestock, farmsteads or other improvements, pastures,
      orchards, wildlife, rangeland, woodland, and other resources in
      rural areas. As used herein, the term "rural areas" shall have
      the meaning set out in the first clause of section 1926(a)(7)
      (!1) of title 7; and

        (4) provide financial, technical, and related assistance to
      State foresters or equivalent State officials, and through them
      to other agencies and individuals, including rural volunteer fire
      departments, to conduct preparedness and mobilization activities,
      including training, equipping, and otherwise enabling State and
      local firefighting agencies to respond to requests for fire
      suppression assistance.
    (c) Encouragement of use of excess personal property by State and
      local fire forces receiving assistance; cooperation and
      assistance of Administrator of General Services
      The Secretary, with the cooperation and assistance of the
    Administrator of General Services, shall encourage the use of
    excess personal property (within the meaning of the Federal
    Property and Administrative Services Act of 1949) by State and
    local fire forces receiving assistance under this section.
    (d) Coordination of assistance with assistance of Secretary of
      Commerce under Federal fire prevention and control provisions
      To promote maximum effectiveness and economy, the Secretary shall
    seek to coordinate the assistance the Secretary provides under this
    section with the assistance provided by the Secretary of Commerce
    under the Federal Fire Prevention and Control Act of 1974 [15
    U.S.C. 2201 et seq.].
    (e) Authorization of appropriations for implementation of
      provisions
      (1) There are hereby authorized to be appropriated annually such
    sums as may be needed to implement paragraphs (1), (2), and (3) of
    subsection (b) of this section.
      (2)(A) There are hereby authorized to be appropriated annually
    $70,000,000 to carry out subsection (b)(4) of this section. Of the
    total amount appropriated to carry out subsection (b)(4) of this
    section - 
        (i) one-half shall be available only for State foresters or
      equivalent State officials, and through them to other agencies
      and individuals, of which not less than $100,000 shall be made
      available to each State; and
        (ii) one-half shall be available only for rural volunteer fire
      departments.

      (B) The Federal share of the cost of any activity carried out
    with funds made available pursuant to this paragraph may not exceed
    50 percent of the cost of that activity. The non-Federal share for
    such activity may be in the form of cash, services, or in kind
    contributions.
    (f) Special rural fire disaster fund; establishment,
      appropriations, etc.
      There shall be established in the Treasury a special rural fire
    disaster fund that shall be immediately available to and used by
    the Secretary to supplement any other money available to carry out
    this section with respect to rural fire emergencies, as determined
    by the Secretary. The Secretary shall determine that State and
    local resources are fully used or will be fully used before
    expending money in the disaster fund to assist a State in which one
    or more rural fire emergencies exist. There are hereby authorized
    to be appropriated such sums as may be needed to establish and
    replenish the disaster fund established by this subsection.
    (g) Definitions
      As used in this section - 
        (1) the term "rural volunteer fire department" means any
      organized, not for profit, fire protection organization that
      provides service primarily to a community or city with a
      population of 10,000 or less or to a rural area, as defined by
      the Secretary, whose firefighting personnel is 80 percent or more
      volunteer, and that is recognized as a fire department by the
      laws of the State; and
        (2) the term "mobilization" means any activity in which one
      firefighting organization assists another that has requested
      assistance.

-SOURCE-
    (Pub. L. 95-313, Sec. 10, formerly Sec. 7, July 1, 1978, 92 Stat.
    370; renumbered Sec. 10 and amended Pub. L. 101-624, title XII,
    Secs. 1215(1), 1220, Nov. 28, 1990, 104 Stat. 3525, 3539; Pub. L.
    102-237, title X, Sec. 1018(a)(4), Dec. 13, 1991, 105 Stat. 1905.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Fire Prevention and Control Act of 1974, referred to
    in subsecs. (b) and (d), is Pub. L. 93-498, Oct. 29, 1974, 88 Stat.
    1535, as amended, which is classified principally to chapter 49
    (Sec. 2201 et seq.) of Title 15, Commerce and Trade. For complete
    classification of the Act to the Code, see Short Title note set out
    under section 2201 of Title 15 and Tables.
      Section 1926(a)(7) of title 7, referred to in subsec. (b)(3), was
    repealed by Pub. L. 107-171, title VI, Sec. 6020(b)(1), May 13,
    2002, 116 Stat. 363.
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat.
    377, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
    and Works.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10 of Pub. L. 95-313 was renumbered section 13
    and is classified to section 2109 of this title.

                                AMENDMENTS                            
      1991 - Subsec. (g)(2). Pub. L. 102-237 substituted "firefighting
    organization" for "fire fighting organization".
      1990 - Subsec. (b)(4). Pub. L. 101-624, Sec. 1220(a), added par.
    (4).
      Subsec. (e). Pub. L. 101-624, Sec. 1220(b), designated existing
    provisions as par. (1), inserted reference to paragraphs (1), (2),
    and (3) of subsec. (b), and added par. (2).
      Subsec. (g). Pub. L. 101-624, Sec. 1220(c), added subsec. (g).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see former section 313(1) and sections
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.
      Functions vested in Secretary of Commerce pursuant to provisions
    of Federal Fire Prevention Control Act of 1974, 15 U.S.C. 2201 et
    seq., transferred to Director of Federal Emergency Management
    Agency pursuant to Reorg. Plan No. 3 of 1978, Sec. 201, June 19,
    1978, 43 F.R. 41944, 92 Stat. 3788, set out in the Appendix to
    Title 5, Government Organization and Employees, effective Apr. 1,
    1979, as provided by Ex. Ord. No. 12127, Secs. 1-101, 1-103(a),
    Mar. 31, 1979, 44 F.R. 19637.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 2106a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2106a. Emergency reforestation assistance

-STATUTE-
    (a) In general
      The Secretary of Agriculture is authorized to provide assistance
    under this section to eligible landowners who suffer destruction of
    35 percent or more of a commercial tree stand due to damaging
    weather, related condition, or wildfire.
    (b) Form of assistance
      The assistance, if any, provided by the Secretary under this
    section shall consist of either - 
        (1) reimbursement of up to 65 percent of the cost of
      reestablishing such tree stand damaged by the damaging weather,
      related condition, or wildfire in excess of 35 percent mortality;
      or
        (2) at the discretion of the Secretary, provision of sufficient
      tree seedlings to reestablish such tree stand.
    (c) Conditions
      (1) Limitation on assistance
        No person may receive an amount in excess of $25,000 in any
      fiscal year, or an equivalent value in tree seedlings, under this
      section.
      (2) Ineligibility
        A person who has qualifying gross revenues in excess of
      $2,000,000 annually, as determined by the Secretary, shall not be
      eligible to receive any disaster payment or other benefits under
      this section.
      (3) Implementation
        In implementing this section, the Secretary shall issue
      regulations - 
          (A) defining the term "person" for the purposes of this
        section that shall conform, to the extent practicable, to the
        regulations defining the term "person" issued under section
        1308 of title 7;
          (B) prescribing such rules as the Secretary determines
        necessary to ensure a fair and reasonable application of the
        limitations established under this subsection; and
          (C) ensuring that no person receives duplicative payments or
        assistance under this section, the Cooperative Forestry
        Assistance Act of 1978 (16 U.S.C. 2101 et seq.), and the
        environmental quality incentives program established under
        chapter 4 of subtitle D of title XII of the Food Security Act
        of 1985 [16 U.S.C. 3839aa et seq.], or other Federal program.
    (d) Definitions
      As used in this section - 
        (1) the term "damaging weather" includes drought, hail,
      excessive moisture, freeze, tornado, hurricane, excessive wind,
      or any combination thereof;
        (2) the term "eligible landowner" means a person who - 
          (A) produces annual crops from trees for commercial purposes
        and owns 500 acres or less of such trees;
          (B) owns 1,000 acres or less of private forest land; or
          (C) owns more than 1,000 acres but less than 5,000 acres of
        private forest land if the Secretary, in the Secretary's
        discretion, determines the person eligible;

        (3) the term "qualifying gross revenues" means - 
          (A) if a majority of the person's annual income is received
        from farming, ranching, and forestry operations, the gross
        revenue from the person's farming, ranching, and forestry
        operations; and
          (B) if less than a majority of the person's annual income is
        received from farming, ranching, and forestry operations, the
        person's gross revenue from all sources;

        (4) the term "related condition" includes insect infestations,
      disease, or other deterioration of a tree stand that is
      accelerated or exacerbated by damaging weather;
        (5) the term "reestablish" includes site preparation,
      reforestation of a damaged stand, and timber stand improvement
      practices, including thinning, prescribed burning, and other
      practices approved by the Secretary for reforestation;
        (6) the term "Secretary" means the Secretary of Agriculture;
      and
        (7) the term "wildfire" means any forest or range fire.
    (e) Retroactive assistance
      The Secretary shall use funds provided under this section to
    reimburse landowners for approved reforestation practices that were
    implemented before November 28, 1990. The Secretary shall not make
    reimbursements for reforestation practices that were implemented
    prior to September 1, 1989.

-SOURCE-
    (Pub. L. 101-624, title XII, Sec. 1271, Nov. 28, 1990, 104 Stat.
    3557; Pub. L. 102-237, title X, Sec. 1018(f), Dec. 13, 1991, 105
    Stat. 1906; Pub. L. 104-127, title III, Sec. 336(a)(2)(E), Apr. 4,
    1996, 110 Stat. 1005.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Cooperative Forestry Assistance Act of 1978, referred to in
    subsec. (c)(3)(C), is Pub. L. 95-313, July 1, 1978, 92 Stat. 365,
    as amended, which is classified principally to this chapter (Sec.
    2101 et seq.). For complete classification of this Act to the Code,
    see Short Title note set out under section 2101 of this title and
    Tables.
      The Food Security Act of 1985, referred to in subsec. (c)(3)(C),
    is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended.
    Chapter 4 of subtitle D of title XII of the Act is classified
    generally to part IV (Sec. 3839aa et seq.) of subchapter IV of
    chapter 58 of this title. For complete classification of this Act
    to the Code, see Short Title of 1985 Amendment note set out under
    section 1281 of Title 7, Agriculture, and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Federal Stewardship Act of
    1990 and also as part of the Food, Agriculture, Conservation, and
    Trade Act of 1990, and not as part of the Cooperative Forestry
    Assistance Act of 1978 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c)(3)(C). Pub. L. 104-127 substituted
    "environmental quality incentives program established under chapter
    4 of subtitle D of title XII of the Food Security Act of 1985" for
    "Agricultural Conservation Program established under section
    590p(b) of this title".
      1991 - Subsec. (c)(3)(C). Pub. L. 102-237 inserted "(16 U.S.C.
    2101 et seq.)" after "1978" and made technical amendment to
    reference to section 590p(b) of this title to correct corresponding
    provision of original Act.

-End-



-CITE-
    16 USC Sec. 2106b                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2106b. Use of money collected from States for fire suppression
      assistance

-STATUTE-
      Any money collected from the States for fire suppression
    assistance rendered by the Forest Service on non-Federal lands not
    in the vicinity of National Forest System lands shall on and after
    October 21, 1998, be used to reimburse the applicable appropriation
    and shall remain available until expended as the Secretary may
    direct in conducting activities authorized by 16 U.S.C. 2101 note,
    2101-2110, 1606, and 2111.

-SOURCE-
    (Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-273.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of the Interior and
    Related Agencies Appropriations Act, 1999, and also as part of the
    Omnibus Consolidated and Emergency Supplemental Appropriations Act,
    1999, and not as part of the Cooperative Forestry Assistance Act of
    1978 which comprises this chapter.


-MISC1-
                            SIMILAR PROVISIONS                        
      Provisions similar to this section were contained in the
    following prior appropriation acts:
      Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1577.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title II], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-208.
      Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-185; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2524.
      Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1403.
      Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1402.
      Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1018.
      Pub. L. 101-512, title II, Nov. 5, 1990, 104 Stat. 1943.
      Pub. L. 101-121, title II, Oct. 23, 1989, 103 Stat. 727.
      Pub. L. 100-446, title II, Sept. 27, 1988, 102 Stat. 1810.

-End-



-CITE-
    16 USC Sec. 2106c                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2106c. Enhanced community fire protection

-STATUTE-
    (a) Cooperative management related to wildfire threats
      The Secretary may cooperate with State foresters and equivalent
    State officials in the management of lands in the United States for
    the following purposes:
        (1) Aid in wildfire prevention and control.
        (2) Protect communities from wildfire threats.
        (3) Enhance the growth and maintenance of trees and forests
      that promote overall forest health.
        (4) Ensure the continued production of all forest resources,
      including timber, outdoor recreation opportunities, wildlife
      habitat, and clean water, through conservation of forest cover on
      watersheds, shelterbelts, and windbreaks.
    (b) Community and Private Land Fire Assistance Program
      (1) Establishment; purpose
        The Secretary shall establish a Community and Private Land Fire
      Assistance program (in this subsection referred to as the
      "Program") - 
          (A) to focus the Federal role in promoting optimal
        firefighting efficiency at the Federal, State, and local
        levels;
          (B) to augment Federal projects that establish landscape
        level protection from wildfires;
          (C) to expand outreach and education programs to homeowners
        and communities about fire prevention; and
          (D) to establish space around homes and property of private
        landowners that is defensible against wildfires.
      (2) Administration and implementation
        The Program shall be administered by the Forest Service and
      implemented through State foresters or equivalent State
      officials.
      (3) Components
        In coordination with existing authorities under this chapter,
      the Secretary, in consultation with the State forester or
      equivalent State official, may undertake on non-Federal lands - 
          (A) fuel hazard mitigation and prevention;
          (B) invasive species management;
          (C) multiresource wildfire planning;
          (D) community protection planning;
          (E) community and landowner education enterprises, including
        the program known as FIREWISE;
          (F) market development and expansion;
          (G) improved wood utilization; and
          (H) special restoration projects.
      (4) Consent required
        Program activities undertaken by the Secretary on non-Federal
      lands shall be undertaken only with the consent of the owner of
      the lands.
      (5) Considerations
        The Secretary shall use persons in the local community wherever
      possible to carry out projects under the Program.
    (c) Consultation
      In carrying out this section, the Secretary shall consult with
    the Administrator of the United States Fire Administration, the
    Director of the National Institute of Standards and Technology, and
    the heads of other Federal agencies, as necessary.
    (d) Authorization of appropriations
      There are hereby authorized to be appropriated to the Secretary
    to carry out this section - 
        (1) $35,000,000 for each of fiscal years 2002 through 2007; and
        (2) such sums as are necessary for fiscal years thereafter.

-SOURCE-
    (Pub. L. 95-313, Sec. 10A, as added Pub. L. 107-171, title VIII,
    Sec. 8003(b), May 13, 2002, 116 Stat. 473.)


-MISC1-
              FINDINGS FOR ENHANCED COMMUNITY FIRE PROTECTION          
      Pub. L. 107-171, title VIII, Sec. 8003(a), May 13, 2002, 116
    Stat. 473, provided that: "Congress finds the following:
        "(1) The severity and intensity of wildland fires has increased
      dramatically over the past few decades as a result of past fire
      and land management policies.
        "(2) The record 2000 fire season is a prime example of what can
      be expected if action is not taken.
        "(3) Wildland fires threaten not only the forested resources of
      the United States, but also the thousands of communities
      intermingled with the wildlands in the wildland-urban interface.
        "(4) The National Fire Plan, if implemented to achieve
      appropriate priorities, is the proper, coordinated, and most
      effective means to address the issue of wildfires.
        "(5) While adequate authorities exist to tackle the wildfire
      issues at the landscape level on Federal lands, there is limited
      authority to take action on most private lands, and the largest
      threat to life and property exists on private lands.
        "(6) There is a significant Federal interest in enhancing
      community protection from wildfire."

-End-



-CITE-
    16 USC Sec. 2107                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2107. Financial, technical, and related assistance to States

-STATUTE-
    (a) Development of State organizations for protection and
      management of non-Federal forest lands; scope of assistance;
      request by officials
      To aid in achieving maximum effectiveness in the programs and
    activities conducted under this chapter, the Secretary is
    authorized to provide financial, technical, and related assistance
    to State foresters or equivalent State officials for the
    development of stronger and more efficient State organizations that
    will enable them to fulfill better their responsibilities for the
    protection and management of non-Federal forest lands. Assistance
    under this subsection may include, but will not be limited to,
    assistance in matters related to organization management, program
    planning and management, budget and fiscal accounting services,
    personnel training and management, information services, and
    recordkeeping. Assistance under this subsection may be extended
    only upon request by State foresters or equivalent State officials.
    (b) Assembly, analysis, display, and reporting of State forest
      resources data, resources planning, etc.; scope of assistance;
      other statutory provisions unaffected
      To ensure that data regarding forest lands are available for and
    effectively presented in State and Federal natural resources
    planning, the Secretary is authorized to provide financial,
    technical, and related assistance to State foresters or equivalent
    State officials in the assembly, analysis, display, and reporting
    of State forest resources data, in the training of State forest
    resources planners, and in participating in natural resources
    planning at the State and Federal levels. The Secretary shall
    restrict assistance under this subsection to the implementation of
    the forestry aspects of State and Federal natural resources
    planning conducted under other laws. This subsection shall not be
    construed, in any way whatsoever, as extending, limiting, amending,
    repealing, or otherwise affecting any other law or authority.
    (c) Technology implementation program; scope of program;
      availability of funds; use of forest resources planning
      committees
      To ensure that new technology is introduced, new information is
    integrated into existing technology, and forest resources research
    findings are promptly made available to State forestry personnel,
    private forest landowners and managers, vendors, forest operators,
    wood processors, public agencies, and individuals, the Secretary is
    authorized to carry out a program of technology implementation.
        (1) In implementing this subsection, the Secretary is
      authorized to work through State foresters or equivalent State
      officials, and, if the State forester or equivalent State
      official is unable to deliver these services, the Secretary is
      authorized to act through appropriate United States Department of
      Agriculture agencies, subdivisions of States, agencies,
      institutions, organizations, or individuals to - 
          (A) strengthen technical assistance and service programs of
        cooperators participating in programs under this chapter by
        applying research results and conducting pilot projects and
        field tests of management and utilization practices, equipment,
        and technologies, related to programs and activities authorized
        under this chapter;
          (B) study the effects of tax laws, methods, and practices on
        forest management;
          (C) develop and maintain technical information systems in
        support of programs and activities authorized under this
        chapter;
          (D) test, evaluate, and seek registration of chemicals for
        use in implementing the programs and activities authorized
        under this chapter;
          (E) conduct other activities, including training of State
        forestry personnel whom the Secretary deems necessary to ensure
        that the programs and activities authorized under this chapter
        are responsive to special problems, unique situations, and
        changing conditions.

        (2) The Secretary may make funds available to cooperators under
      this chapter without regard to the provisions of section 3324(a)
      and (b) of title 31, which prohibits advances of public money.
        (3) The Secretary shall use forest resources planning
      committees at National and State levels in implementing this
      subsection.
    (d) Authorization of appropriations
      There are hereby authorized to be appropriated annually such sums
    as may be needed to implement this section.

-SOURCE-
    (Pub. L. 95-313, Sec. 11, formerly Sec. 8, July 1, 1978, 92 Stat.
    371; renumbered Sec. 11, Pub. L. 101-624, title XII, Sec. 1215(1),
    Nov. 28, 1990, 104 Stat. 3525.)

-COD-
                               CODIFICATION                           
      In subsec. (c)(2), "section 3324(a) and (b) of title 31"
    substituted for "section 3648 of the Revised Statutes (31 U.S.C.
    529)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96
    Stat. 1067, the first section of which enacted Title 31, Money and
    Finance.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 11 of Pub. L. 95-313 was renumbered section 14
    and is classified to section 2110 of this title.

-End-



-CITE-
    16 USC Sec. 2108                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2108. Consolidation of payments

-STATUTE-
    (a) Request by State; excluded funds
      To provide flexibility in funding activities authorized under
    this chapter, the Secretary may, upon the request of any State,
    consolidate the annual financial assistance payments to that State
    under this chapter, in lieu of functional cost sharing mechanisms,
    formulas, or agreements. However, consolidated payments shall not
    include money appropriated under section 2103 of this title or
    money from any special Treasury fund established under this
    chapter.
    (b) State forest resources programs as basis
      Consolidation of payments made under this section shall be based
    upon State forest resources programs developed by State foresters
    or equivalent State officials, and reviewed by the Secretary.
    (c) Amount of payments
      Consolidated payments to any State during any fiscal year shall
    not exceed the total amount of non-Federal funds expended within
    the State during that year to implement its State forest resources
    program. However, the Secretary may make payments that exceed the
    non-Federal amount expended for selected activities under the
    program, if the total Federal expenditure during any fiscal year
    does not exceed the total non-Federal expenditure during that year
    under the State forest resources program.
    (d) Certification requirement by State forester or equivalent State
      official for Federal payment
      The Secretary may make consolidated payments on the certificate
    of the State forester or equivalent State official that the
    conditions for Federal payment have been met.
    (e) Administration of consolidated payments program not to
      adversely affect, etc., other programs
      The Secretary shall administer this section to ensure that the
    use of consolidated payments does not adversely affect or eliminate
    any program authorized under this chapter.
    (f) Total annual amount of financial assistance to participating
      State; financial assistance for special projects not to be
      included in determining base amount
      Subject to applicable appropriation Acts, the total annual amount
    of financial assistance to any participating State after July 1,
    1978, shall not be less than the base amount of financial
    assistance provided to that State under all the provisions of law
    specified in section 2111 of this title during the fiscal year in
    which this chapter is enacted. However, financial assistance for
    special projects of two years or less duration shall not be
    included in determining the base amount for any participating
    State.

-SOURCE-
    (Pub. L. 95-313, Sec. 12, formerly Sec. 9, July 1, 1978, 92 Stat.
    372; renumbered Sec. 12 and amended Pub. L. 101-624, title XII,
    Secs. 1215(1), 1224(2), Nov. 28, 1990, 104 Stat. 3525, 3542.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12 of Pub. L. 95-313, which amended section 1606
    of this title and enacted provisions set out as a note under that
    section, was renumbered section 15.

                                AMENDMENTS                            
      1990 - Subsec. (f). Pub. L. 101-624, Sec. 1224(2), made technical
    amendment to reference to section 2111 of this title to reflect
    renumbering of corresponding section of original act.

-End-



-CITE-
    16 USC Sec. 2109                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2109. General provisions

-STATUTE-
    (a) Cooperative and coordinating requirements for implementation of
      programs, etc.
      In implementing this chapter, the Secretary shall, to the maximum
    extent practicable - 
        (1) work through, cooperate with, and assist State foresters or
      equivalent State officials;
        (2) encourage cooperation and coordination between State
      foresters or equivalent State officials and other State agencies
      that manage renewable natural resources;
        (3) use and encourage cooperators under this chapter to use,
      private agencies, consultants, organizations, firms, and
      individuals to furnish necessary materials and services; and
        (4) promote effectiveness and economy by coordinating the
      direct actions and assistance authorized under this chapter with
      related programs the Secretary administers, and with cooperative
      programs of other agencies.
    (b) Availability of appropriations
      Money appropriated under this chapter shall remain available
    until expended.
    (c) Consultation requirements for implementation of programs, etc.
      Requirements for the development of State forest resources
    programs and State participation in management assistance, planning
    assistance, and technology implementation, the apportionment of
    funds among States participating under this chapter, the
    administrative expenses in connection with activities and programs
    under this chapter, and the amounts to be expended by the Secretary
    to assist non-State cooperators under this chapter, shall be
    determined by the Secretary in consultation with a committee of not
    less than five State foresters or equivalent State officials
    selected by a majority of the State foresters or equivalent State
    officials from States participating in programs under this chapter.
    However, the Secretary need not consult with such committee
    regarding funds to be expended under emergency conditions that the
    Secretary may determine.
    (d) Definitions
      For the purposes of this chapter - 
        (1) The terms "United States" and "State" shall include each of
      the several States, the District of Columbia, the Commonwealth of
      Puerto Rico, the Virgin Islands of the United States, the
      Commonwealth of the Northern Mariana Islands, the Trust Territory
      of the Pacific Islands, and the territories and possessions of
      the United States;
        (2) The term "forest resources" shall include esthetics, fish
      and wildlife, forage, outdoor recreation opportunities, timber,
      and water; and
        (3) The term "urban forestry" means the planning,
      establishment, protection, and management of trees and associated
      plants, individually, in small groups, or under forest conditions
      within cities, their suburbs, and towns.
    (e) Rules and regulations
      The Secretary may prescribe rules and regulations, as the
    Secretary deems appropriate, to implement the provisions of this
    chapter.
    (f) Granting, etc., authorities
      The Secretary is authorized to make grants, agreements,
    contracts, and other arrangements the Secretary deems necessary to
    implement this chapter.
    (g) Construction of statutory provisions
      This chapter shall be construed as supplementing all other laws
    relating to the Department of Agriculture and shall not be
    construed as limiting or repealing any existing law or authority of
    the Secretary, except as specifically cited in section 2111 of this
    title.
    (h) Additional assistance
      In addition to the authority provided elsewhere in this chapter,
    the Secretary may provide assistance to other countries with
    respect to the activities described in paragraphs (1) through (10)
    of section 2102(b) of this title, paragraphs (1) through (5) of
    section 2104(b) (!1) of this title, and paragraphs (1) through (3)
    of section 2105(b) of this title. For the purposes of providing
    assistance to other countries under this subsection, the term "non-
    Federal forest land" shall mean any forest land and related
    renewable natural resources in such countries. In providing the
    assistance authorized under this subsection, the Secretary shall
    coordinate with other Federal officials, departments, agencies, or
    international organizations, as the President may direct. The
    references to "State foresters or equivalent State officials" in
    this chapter shall not apply to the assistance provided by the
    Secretary to other countries under this subsection.


-SOURCE-
    (Pub. L. 95-313, Sec. 13, formerly Sec. 10, July 1, 1978, 92 Stat.
    373; Pub. L. 101-513, title VI, Sec. 611(b)(3), formerly Sec.
    607(b)(3), Nov. 5, 1990, 104 Stat. 2072, renumbered Sec. 611(b)(3),
    Pub. L. 102-574, Sec. 2(a)(1), Oct. 29, 1992, 106 Stat. 4593;
    renumbered Sec. 13 and amended Pub. L. 101-624, title XII, Secs.
    1215(1), 1224(3), Nov. 28, 1990, 104 Stat. 3525, 3542.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2104(b) of this title, referred to in subsec. (h), was in
    the original a reference to section 7(b), meaning section 7(b) of
    Pub. L. 95-313, which has been translated as reading section 8(b)
    of Pub. L. 95-313 as the probable intent of Congress. Section 7(b)
    of Pub. L. 95-313, which is classified to section 2103c of this
    title, does not contain pars. (1) to (5).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 13 of Pub. L. 95-313 was renumbered section 16
    and is classified to section 2111 of this title.

                                AMENDMENTS                            
      1990 - Subsec. (g). Pub. L. 101-624, Sec. 1224(3), made technical
    amendment to reference to section 2111 of this title to reflect
    renumbering of corresponding section of original act.
      Subsec. (h). Pub. L. 101-513, which directed amendment of section
    12 of Pub. L. 95-313 by adding a new subsec. (h), was executed to
    this section to reflect the probable intent of Congress.


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 2110                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2110. Statement of limitation

-STATUTE-
      This chapter shall not authorize the Federal Government to
    regulate the use of private land or to deprive owners of land of
    their rights to property or to income from the sale of property,
    unless such property rights are voluntarily conveyed or limited by
    contract or other agreement. This chapter does not diminish in any
    way the rights and responsibilities of the States and political
    subdivisions of States.

-SOURCE-
    (Pub. L. 95-313, Sec. 14, formerly Sec. 11, July 1, 1978, 92 Stat.
    374; renumbered Sec. 14 and amended Pub. L. 101-624, title XII,
    Secs. 1215(1), 1221, Nov. 28, 1990, 104 Stat. 3525, 3540.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 14 of Pub. L. 95-313 was renumbered section 17
    and is set out as a note under section 2101 of this title.

                                AMENDMENTS                            
      1990 - Pub. L. 101-624, Sec. 1221, amended section generally.
    Prior to amendment, section read as follows: "This chapter does not
    authorize the Federal Government to regulate the use of private
    land or to deprive owners of land of their rights to property or to
    income from the sale of property, and this chapter does not
    diminish in any way the rights and responsibilities of the States
    and political subdivisions of States."

-End-



-CITE-
    16 USC Sec. 2111                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2111. Other Federal programs

-STATUTE-
    (a) Repeal of statutory authorities
      The following laws, and portions of laws, are hereby repealed:
        (1) sections 1, 2, 3, and 4 of the Act of June 7, 1924, known
      as the Clarke-McNary Act (43 Stat. 653-654, as amended; 16 U.S.C.
      564, 565, 566, 567);
        (2) the Act of April 26, 1940, known as the White Pine Blister
      Rust Protection Act (54 Stat. 168; 16 U.S.C. 594a);
        (3) the Forest Pest Control Act;
        (4) the Cooperative Forest Management Act;
        (5) section 401 of the Agricultural Act of 1956 [16 U.S.C.
      568e];
        (6) title IV of the Rural Development Act of 1972 [7 U.S.C.
      2651 et seq.]; and
        (7) section 1009 and the proviso to section 1010 (!1) of the
      Agricultural Act of 1970, as added by the Agriculture and
      Consumer Protection Act of 1973 [16 U.S.C. 1509, 1510].

    (b) Force and effect of contracts and cooperative and other
      agreements under cooperative forestry programs executed under
      authority of repealed statutes
      Contracts and cooperative and other agreements under cooperative
    forestry programs executed under authority of the Acts, or portions
    thereof, repealed under subsection (a) of this section shall remain
    in effect until revoked or amended by their own terms or under
    other provisions of law.
    (c) Availability of funds appropriated under authority of repealed
      statutes for cooperative forestry assistance programs
      Funds appropriated under the authority of the Acts, or portions
    thereof, repealed under subsection (a) of this section shall be
    available for expenditure for the programs authorized under this
    chapter.

-SOURCE-
    (Pub. L. 95-313, Sec. 16, formerly Sec. 13, July 1, 1978, 92 Stat.
    374; renumbered Sec. 16, Pub. L. 101-624, title XII, Sec. 1215(1),
    Nov. 28, 1990, 104 Stat. 3525.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 26, 1940, known as the White Pine Blister Rust
    Protection Act (54 Stat. 168; 16 U.S.C. 594a), referred to in
    subsec. (a)(2), is act Apr. 26, 1940, ch. 159, 54 Stat. 168, which
    enacted section 594a of this title.
      The Forest Pest Control Act, referred to in subsec. (a)(3), is
    act June 25, 1947, ch. 141, 61 Stat. 177, as amended, which enacted
    sections 594-1 to 594-5 of this title and enacted provisions set
    out as notes under section 594-1 of this title. For complete
    classification of this Act to the Code, see Tables.
      The Cooperative Forest Management Act, referred to in subsec.
    (a)(4), is act Aug. 25, 1950, ch. 781, 64 Stat. 473, as amended,
    which enacted sections 568c and 568d of this title, repealed
    section 568b of this title, and enacted a provision set out as a
    note under section 568c of this title. For complete classification
    of this Act to the Code, see Tables.
      The Rural Development Act of 1972, referred to in subsec. (a)(6),
    is Pub. L. 92-419, Aug. 30, 1972, 86 Stat. 657, as amended. Title
    IV of the Rural Development Act of 1972 was classified generally to
    subchapter I (Sec. 2651 et seq.) of chapter 59 of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title of 1972 Amendment note set out under section 1921
    of Title 7 and Tables.
      Section 1010 of the Agricultural Act of 1970, as added by the
    Agriculture and Consumer Protection Act of 1973, referred to in
    subsec. (a)(7), was classified to section 1510 of this title prior
    to repeal by Pub. L. 104-127, title III, Sec. 336(d)(1), Apr. 4,
    1996, 110 Stat. 1006.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 2112                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2112. Cooperative national forest products marketing program

-STATUTE-
    (a) Findings and purposes
      (1) Findings
        Congress finds that - 
          (A) the health and vitality of the domestic forest products
        industry is important to the well-being of the economy of the
        United States;
          (B) the domestic forest products industry has a significant
        potential for expansion in both domestic and foreign markets;
          (C) many small-sized to medium-sized forest products firms
        lack the tools that would enable them to meet the increasing
        challenge of foreign competition in domestic and foreign
        markets; and
          (D) a new cooperative forest products marketing program will
        improve the competitiveness of the United States forest
        products industry.
      (2) Purposes
        The purposes of this section are to - 
          (A) provide direct technical assistance to the United States
        forest products industry to improve marketing activities;
          (B) provide cost-share grants to States to support State and
        regional forest products marketing programs; and
          (C) target assistance to small-sized and medium-sized
        producers of solid wood and processed wood products, including
        pulp.
    (b) Program authority
      (1) In general
        The Secretary shall establish a cooperative national forest
      products marketing program under this chapter that provides - 
          (A) technical assistance to States, landowners, and small-
        sized to medium-sized forest products firms on ways to improve
        domestic and foreign markets for forest products; and
          (B) grants of financial assistance with matching requirements
        to the States to assist in State and regional forest products
        marketing efforts targeted to aid small-sized to medium-sized
        forest products firms and private, nonindustrial forest
        landowners.
      (2) Interstate cooperative agreements
        Grant agreements shall encourage the establishment of
      interstate cooperative agreements by the States for the purpose
      of promoting the development of domestic and foreign markets for
      forest products.
    (c) Limitations
      (1) Cooperation with other Federal agencies
        In carrying out this section, the Secretary shall cooperate
      with Federal departments and agencies to avoid the duplication of
      efforts and to increase program efficiency.
      (2) Domestic program
        The program authorized under this section shall be carried out
      within the United States and not be extended to Department of
      Agriculture activities in foreign countries.
    (d) Authorization for appropriations
      There are authorized to be appropriated $5,000,000 for each of
    the fiscal years 1988 through 1991, to carry out this section.
    (e) Program report
      The Secretary shall report to Congress annually on the activities
    taken under the marketing program established under this section. A
    final report including recommendations for program changes and the
    need and desirability of the reauthorization of this authority, and
    required levels of funding, shall be submitted to Congress not
    later than September 30, 1990.

-SOURCE-
    (Pub. L. 95-313, Sec. 18, formerly Sec. 15, as added Pub. L. 100-
    418, title IV, Sec. 4403, Aug. 23, 1988, 102 Stat. 1400;
    renumbered Sec. 18, Pub. L. 101-624, title XII, Sec. 1215(1), Nov.
    28, 1990, 104 Stat. 3525.)


-MISC1-
               INTERNATIONAL FOREST PRODUCTS TRADE INSTITUTE           
      Section 1247 of Pub. L. 101-624, as amended by Pub. L. 102-237,
    title X, Sec. 1018(c), Dec. 13, 1991, 105 Stat. 1905, provided
    that:
      "(a) Establishment. - The Secretary of Agriculture may establish
    an International Forest Products Trade Institute (hereafter in this
    section referred to as the 'Institute').
      "(b) Mission. - The mission of the Institute will be to increase
    the competitive position of the forest industries of the
    northeastern United States as major producers of international
    forest products in order to increase domestic employment and
    stimulate rural development, and to provide a knowledgeable,
    objective analysis of global forest resource problems.
      "(c) Functions. - The Institute shall - 
        "(1) emphasize the application of existing knowledge to the
      manufacturing and international marketing of forest products as
      well as conduct new research related to the competitiveness of
      the northeastern forest products industry;
        "(2) study and evaluate domestic and international forest,
      forest sector, agroforestry, development, economic, and trade
      policies;
        "(3) design, analyze and test technologically appropriate
      manufacturing, processing and marketing systems which are
      supportive of and consistent with forest policy and management
      strategies formulated by the Institute and which enhance
      opportunities for markets in forest products; and
        "(4) formulate and test management strategies for - 
          "(A) United States forests, and
          "(B) manufacturing facilities that promote ecologically
        sustainable use, and long-term management, of international
        forests.
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as may be necessary to carry out the
    purposes of this section."

-End-



-CITE-
    16 USC Sec. 2113                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2113. Federal, State, and local coordination and cooperation

-STATUTE-
    (a) Department of Agriculture Coordinating Committee
      (1) Establishment
        The Secretary shall establish an intradepartmental committee,
      to be known as the "Forest Resource Coordinating Committee"
      (hereafter referred to in this section as the "Coordinating
      Committee"), to coordinate forestry activities.
      (2) Composition
        The Coordinating Committee shall be composed of
      representatives, appointed by the Secretary, from the
      Agricultural Research Service, Agricultural Stabilization and
      Conservation Service, Extension Service, Forest Service, and Soil
      Conservation Service.
      (3) Chairperson
        The Secretary shall designate the Chief of the Forest Service
      as chairperson.
      (4) Duties
        The Coordinating Committee shall - 
          (A) provide assistance in directing and coordinating actions
        of the Department of Agriculture that relate to educational,
        technical, and financial assistance concerning forest land to
        private landowners;
          (B) clarify individual agency responsibilities concerning
        forest land of each agency represented on the Committee; and
          (C) advise the Secretary of intradepartmental differences
        regarding the implementation of this chapter, and any other Act
        related to the authority of the Secretary concerning non-
        Federal forest lands.
    (b) State Coordinating Committees
      (1) Establishment
        (A) In general
          The Secretary, in consultation with the State forester or
        equivalent State official of each State, shall establish a
        State Forest Stewardship Coordinating Committee (hereafter
        referred to in this section as the "State Coordinating
        Committee") for each such State.
        (B) Composition
          The State Coordinating Committee shall be chaired and
        administered by the State forester, or equivalent State
        official, or the designee thereof, and shall be composed, to
        the extent practicable, of - 
            (i) representatives from the Forest Service, Soil
          Conservation Service, Agricultural Stabilization and
          Conservation Service, and Extension Service;
            (ii) representatives, to be appointed by the State forester
          or equivalent State official, representative of - 
              (I) local government;
              (II) consulting foresters;
              (III) environmental organizations;
              (IV) forest products industry;
              (V) forest land owners;
              (VI) land-trust organizations, if applicable in the
            State;
              (VII) conservation organizations; and
              (VIII) the State fish and wildlife agency; and

            (iii) any other individuals determined appropriate by the
          Secretary.
        (C) Terms
          The members of the State Coordinating Committee appointed
        under subparagraph (B)(ii) shall serve 3-year terms, with the
        initial members serving staggered terms as determined by the
        State forester or equivalent State official, and may be
        reappointed for consecutive terms.
        (D) Existing committees
          Existing State forestry committees may be used to complement,
        formulate, or replace the State Coordinating Committees to
        avoid duplication of efforts if such existing committees are
        made up of membership that is similar to that described in
        subparagraph (B)(ii), and if such existing committees include
        landowners and the general public in their memberships.
      (2) Duties
        A State Coordinating Committee shall - 
          (A) consult with other Department of Agriculture and State
        committees that address State and private forestry issues;
          (B) make recommendations to the Secretary concerning the
        assignment of priorities and the coordination of
        responsibilities for the implementation of this chapter by the
        various Federal and State forest management agencies that take
        into consideration the mandates of each such agency;
          (C) make recommendations to the State forester or equivalent
        State official concerning the development of a Forest
        Stewardship Plan under paragraph (3); and
          (D) make recommendations to the Secretary concerning those
        forest lands that should be given priority for inclusion in the
        Forest Legacy Program established pursuant to section 2103c of
        this title.
      (3) Forest Stewardship Plan
        The State forester or equivalent State official of each State,
      in consultation with the State Coordinating Committee of such
      State, shall develop a Forest Stewardship Plan that shall - 
          (A) provide baseline data on the forest resources of the
        State;
          (B) outline threats to the forest resources of the State;
          (C) describe economic and environmental opportunities that
        are linked with the forest resources of the State;
          (D) address management problems, opportunities, and
        objectives associated with intermingled Federal, State, and
        private land ownership patterns within the State; and
          (E) make planning recommendations for Federal, State, and
        local implementation of this chapter.
      (4) Other plans
        Other State forest management plans may be used as the basis
      for or in lieu of establishing a plan for the State under
      paragraph (3) if such plans fully conform to the objectives of
      this section.
      (5) Termination
        The State Coordinating Committees shall not terminate.
      (6) Rule of construction
        Nothing in this section shall be construed to compel action by
      any State official.

-SOURCE-
    (Pub. L. 95-313, Sec. 19, as added Pub. L. 101-624, title XII, Sec.
    1222, Nov. 28, 1990, 104 Stat. 3540.)

-End-



-CITE-
    16 USC Sec. 2114                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE

-HEAD-
    Sec. 2114. Administration

-STATUTE-
    (a) In general
      The Secretary shall administer this chapter in accordance with
    regulations that the Secretary shall develop.
    (b) Guidelines
      The regulations promulgated under this chapter shall include
    guidelines for the administration of this chapter at the Federal
    and State levels and shall identify the measures and activities
    that are eligible for cost sharing under this chapter.
    (c) Existing mechanisms
      Existing mechanisms shall be used to the extent possible to make
    payments and deliver services to the landowner under this chapter.
    (d) Land grant universities
      The Secretary, in consultation with State foresters or equivalent
    State officials, may provide assistance directly to other State and
    local natural resource management agencies and land grant
    universities in implementing this chapter in cases in which the
    State foresters or equivalent State officials are not able to make
    fund transfers to other State and local agencies.

-SOURCE-
    (Pub. L. 95-313, Sec. 20, as added Pub. L. 101-624, title XII, Sec.
    1223, Nov. 28, 1990, 104 Stat. 3542.)

-End-