The Principal Laws 

Relating to USDA 

Forest Service State 

and Private Forestry 

Programs

· The Cooperative Forestry Assistance

Act of 1978, As Amended Through 2008

· Economic Action and Rural Development 

Program Authorities 

· Forest Products Conservation and Recycling 

Program Authorities

· Watershed Restoration and Enhancement

(Wyden Amendment)

· Biomass Commercial Utilization Grant 

Authorities

· Tribal Watershed Forestry Assistance 

Authorities

United States 

Department 

of Agriculture 

Forest Service

FS-758

Revised

May 2011
The U.S. The U.S. Department of Agriculture (USDA) prohibits discrimination 

in all its programs and activities on the basis of race, color, national origin, age, 

disability, and where applicable, sex, marital status, familial status, parental 

status, religion, sexual orientation, genetic information, political beliefs, reprisal, 

or because all or part of an individual’s income is derived from any public 

assistance program. (Not all prohibited bases apply to all programs.) Persons 

with disabilities who require alternative means for communication of program 

information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET 

Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, 

write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., 

Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 

(TDD). USDA is an equal opportunity provider and employer.
i

INTRODUCTION

Background: This publication lists the 

major laws relating to the Cooperative 

Forestry Program of the State and 

Private Forestry (S&PF) mission area 

of the Forest Service, U.S. Department 

of Agriculture. It incorporates amendments by Congress to these laws 

through 2008. In 1876, the Division of 

Forestry was established in the U.S. 

Department of Agriculture. Gifford 

Pinchot became Chief of the Division 

of Forestry in 1898 and continued its 

work with the State and private forest 

owners. In 1908, an Office of State and 

Private Cooperation was established 

within the Forest Service. Cooperative 

work by the Forest Service with States 

and other partners continued with the 

1911 Weeks Act, which supported cooperative fire suppression work, and 

later the 1924 Clarke–McNary Act to 

support seedling nursery and tree distribution efforts on private lands. 

These authorities have been amended and expanded numerous times 

including the 1937 Norris–Doxey 

Cooperative Farm Forestry Act and the 

1950 Cooperative Forest Management 

Act. The 1978 Cooperative Forestry 

Assistance (CFA) Act repealed and 

replaced all earlier separate pieces of 

legislation by consolidating a broad 

range of S&PF program authorities involving fire, forest management, forest 

health, wood utilization, urban forestry, 

and organizational management assistance to State forestry agencies. 

The 1990 Food, Agriculture, 

Conservation, and Trade Act amended 

the CFA Act of 1978 by adding authorities for forest land easements (Forest 

Legacy), broader multiple-use forest management assistance (Forest 

Stewardship) along with landowner 

incentives (Stewardship Incentives 

Program), and expanded authorities 

for Urban and Community Forestry. 

The 1990 Act also contained new authorities for economic revitalization assistance to national forest-dependent 

rural communities.

The 1996 Federal Agriculture 

Improvement and Reform Act extended the Forestry Incentives Program 

and amended the Forest Legacy 

Program to allow for grants to States.

The Farm Security and Rural 

Reinvestment Act of 2002 modified 

the 1978 CFA Act by repealing the 

Stewardship Incentives Program and 

the Forest Incentives Program. This 

legislation replaced these two authorities with a Forest Land Enhancement 

Program involving education, technical 

assistance, and financial cost shares 

for working with nonindustrial private 

forest landowners. New authorities 

were also added in the area of cooperative fire to enhance community fire 

protection (Community and Private 

Land Fire Assistance Program).

The Healthy Forest Restoration Act of 

2003 added a new Watershed Forestry 

Assistance Program as Section 6

of the 1978 CFA Act, a stand alone 

Tribal Watershed Forestry Assistance 

Program, and new S&PF authorities 

for Biomass Commercial Utilization 

Grants.

The Food, Conservation, and Energy 

Act of 2008 had a significant forestry 

title (Title VIII), as well as addressing 

forestry through the Conservation and 

Energy titles (II and IX, respectively). 

For the first time, national priorities for 

private forests were established and 

State forestry agencies were charged 

with assessing forest resources and 

developing strategies to address the 

national priorities. The Community 

Forest and Open Space Conservation 
ii

Program was created to promote the 

purchase of forest land by communities for community use.

This latest printing of the publication 

also properly places the Emergency 

Reforestation Assistance Program as 

Section 10(A) in Section 10 of CFA, 

Rural Fire Prevention and Control.

Purpose: This publication is a reference guide for those who administer, 

implement, and deliver the S&PF 

program authorities contained in this 

document. It is also an essential reference for primary partners working 

in other Federal and State agencies, 

nongovernmental organizations, and 

the private sector that work in collaboration with the Forest Service and 

State agencies in the delivery of these 

programs.
iii

TABLE OF CONTENTS

PART I Cooperative Forestry Assistance Act Of

1978 (Public Law 95-313; Approved July 1, 1978) [As 

Amended Through P.L. 110–246, Effective May 22, 2008]

ACT AUTHORITIES PAGE

SEC. 2 [16 U.S.C. 2101] FINDINGS, PURPOSE, AND POLICY 1

SEC. 2A [16 U.S.C. 2101a] STATE-WIDE ASSESSMENT AND 

STRATEGIES FOR FOREST RESOURCES

3

SEC. 3 [16 U.S.C. 2102] RURAL FORESTRY ASSISTANCE 4

SEC. 4 [16 U.S.C. 2103] FOREST LAND ENHANCEMENT 

PROGRAM

6

SEC. 5 [16 U.S.C. 2103a] FOREST STEWARDSHIP 

PROGRAM

10

SEC. 6 [16 U.S.C. 2103b] WATERSHED FORESTRY

ASSISTANCE PROGRAM

11

SEC. 7 [16 U.S.C. 2103c] FOREST LEGACY PROGRAM 13

SEC. 7A [16 U.S.C. 2103d] COMMUNITY FOREST AND 

OPEN SPACE CONSERVATION PROGRAM

17

SEC. 8 [16 U.S.C. 2104] FOREST HEALTH PROTECTION 18

SEC. 9 [16 U.S.C. 2105] URBAN AND COMMUNITY

FORESTRY ASSISTANCE

20

SEC. 10 [16 U.S.C. 2106] RURAL FIRE PREVENTION AND 

CONTROL

26

SEC. 10A [16 U.S.C. 2106a] EMERGENCY REFORESTATION 

ASSISTANCE

28

SEC. 10B [16 U.S.C. 2106b] USE OF MONEY COLLECTED 

FROM THE STATES FOR FIRE SUPPRESSION 

ACTIVITIES

29

SEC. 10C [16 U.S.C. 2106c] ENHANCED COMMUNITY FIRE 

PROTECTION

29

SEC. 11 [16 U.S.C. 2107] MANAGEMENT ASSISTANCE, 

PLANNING ASSISTANCE, AND TECHNOLOGY

IMPLEMENTATION

30

SEC. 12 [16 U.S.C. 2108] CONSOLIDATED PAYMENTS 32

SEC. 13 [16 U.S.C. 2109] GENERAL PROVISIONS 32

SEC. 13A [16 U.S.C. 2109a] COMPETITIVE ALLOCATION OF 

FUNDS TO STATE FORESTERS OR EQUIVALENT 

STATE OFFICIALS

34
iv

SEC. 13B [16 U.S.C. 2109b] COMPETITIVE ALLOCATION 

OF FUNDS FOR COOPERATIVE FOREST 

INNOVATION PARTNERSHIP PROJECTS

34

SEC. 14 [16 U.S.C. 2110] STATEMENT OF LIMITATION 34

SEC. 15 OMITTED AMENDMENTS 34

SEC. 16 [16 U.S.C. 2111] REPEAL OF OTHER LAWS; 

EXISTING CONTRACTS AND AGREEMENTS; 

APPROPRIATIONS

34

SEC. 18 [16 U.S.C. 2112] COOPERATIVE NATIONAL 

FOREST PRODUCTS MARKETING PROGRAM

35

SEC. 19 [16 U.S.C. 2113] FEDERAL, STATE, AND LOCAL 

COORDINATION AND COOPERATION

36

SEC. 20 [16 U.S.C. 2114] ADMINISTRATION 38

PART II FOREST SERVICE ECONOMIC ACTION 

PROGRAM AUTHORITIES

39

CHAPTER 1 FORESTRY RURAL REVITALIZATION 39

CHAPTER 2 NATIONAL FOREST-DEPENDENT RURAL 

COMMUNITIES

40

PART III FOREST PRODUCTS CONSERVATION AND 

RECYCLING AUTHORITIES

45

Section 1 Short Title 45

PART IV WATERSHED RESTORATION ENHANCEMENT 

AUTHORITIES (WYDEN AMENDMENT 

AUTHORITIES FOR NFS RELATED WORK ON 

OTHER LANDS)

46

TITLE III GENERAL PROVISIONS 46

PART V BIOMASS COMMERCIAL UTILIZATION GRANT 

PROGRAM

48

SEC. 203 BIOMASS COMMERCIAL UTILIZATION GRANT 

PROGRAM

48

PART VI TRIBAL WATERSHED FORESTRY ASSISTANCE 49

SEC. 303 TRIBAL WATERSHED FORESTRY ASSISTANCE 49
v

PART VII HISPANIC-SERVING INSTITUTION 

AGRICULTURAL LAND NATIONAL RESOURCES 

LEADERSHIP PROGRAM

51

TITLE 16 CHAPTER 36 51

PART VIII FOREST BIOMASS FOR ENERGY AUTHORITIES 

(Woody Biomass)

52

TITLE 7 CHAPTER 107 52

PART IX ENVIRONMENTAL SERVICE MARKETS 

AUTHORITIES

58

TITLE 16 CHAPTER 58 58

PART X PEST AND DISEASE REVOLVING LOAN FUND 

AUTHORITIES

59

TITLE 16 CHAPTER 41 59

PART XI Cooperative Fire Assistance Programs 61

Appendix A Letter of Authority for the Rural

Development Program

65

Appendix B National Agroforestry Research

Center

69
vi
1

PART I

COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978

(Public Law 95–313; Approved July 1, 1978)

[As Amended Through P.L. 110–246, Effective May 22, 2008]

SEC. 2. [16 U.S.C. 2101] FINDINGS, 

PURPOSE, AND POLICY

(a) FINDINGS.—Congress finds that—

(1) most of the productive forest 

land of the United States is in private, State, and local governmental 

ownership, and the capacity of the 

United States to produce renewable forest resources is significantly 

dependent on such non-Federal 

forest lands;

(2) adequate supplies of timber and 

other forest resources are essential 

to the United States, and adequate 

supplies are dependent on efficient 

methods for establishing, managing, 

and harvesting trees and processing, marketing, and using wood and 

wood products;

(3) nearly one-half of the wood supply of the United States comes from 

nonindustrial private timberlands 

and such percentage could rise with 

expanded assistance programs;

(4) managed forest lands provide 

habitats for fish and wildlife, as well 

as aesthetics, outdoor recreation 

opportunities, and other forest 

resources;

(5) the soil, water, and air quality 

of the United States can be maintained and improved through good 

stewardship of privately held forest 

resources;

(6) insects and diseases affecting 

trees occur and sometimes create 

emergency conditions on all land, 

whether Federal or non-Federal, 

and efforts to prevent and control 

such insects and diseases often 

require coordinated action by both 

Federal and non-Federal land 

managers;

(7) fires in rural areas threaten 

human lives, property, forests and 

other resources, and Federal-State 

cooperation in forest fire protection 

has proven effective and valuable;

(8) trees and forests are of great 

environmental and economic value 

to urban areas;

(9) managed forests contribute to 

improving the quality, quantity, and 

timing of water yields that are of 

broad benefit to society;

(10) over half the forest lands of the 

United States are in need of some 

type of conservation treatment;

(11) forest landowners are being 

faced with increased pressure to 

convert their forest land to development and other purposes;

(12) increased population pressures 

and user demands are being placed 

on private, as well as public, landholders to provide a wide variety of 

products and services, including fish 

and wildlife habitat, aesthetic quality, and recreational opportunities;

(13) stewardship of privately held 

forest resources requires a longterm commitment that can be 

AN ACT To authorize the Secretary of Agriculture to provide cooperative forestry 

assistance to States and others, and for other purposes

Be it enacted by the Senate and House of Representatives of the Untied States 

of America in Congress assembled, That this Act may be cited as the “Cooperative Forestry Assistance Act of 1978”.
2

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; 

(16) sustainable agroforestry systems and tree planting in semiarid 

lands can improve environmental 

quality and maintain farm yields and 

income; and

[(18)1

 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 

enironment, and the world economy.]

(b) PURPOSE.—It is the purpose of 

this Act to authorize the Secretary 

of Agriculture (hereafter in this Act 

referred to as the “Secretary”), with 

respect to non-Federal forest lands2

 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

1 There is no paragraph (17). Section 607(b)

(1)(C) of Public Law 101–513 (104 Stat. 2072) 

amended section 2(a) of the Cooperative Forestry 

Assistance Act of 1978 by adding at the end 

paragraph (18). Public Law 101–513, also known 

as the Foreign Operations, Export Financing, and 

Related Programs Appropriations Act, 1991, was 

approved on November 5, 1990. On November 

28, 1990, section 1212 of the Food, Agriculture, 

Conservation, and Trade Act of 1990 (104 Stat. 

3521) amended section 2 in its entirety without 

taking into account the recent amendments made 

by Public Law 101–513. Consequently, paragraph 

(18) no longer appears in the text of section 2(a).

2 Note regarding subsection (b): Section 607(b)(2) 

of Public Law 101–513 (104 Stat. 2072, approved 

November 5, 1990) attempted to amend section 

2(b) of the Cooperative Forestry Assistance Act of 

1978 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). Two problems prevent execution of 

the amendment. First, a comma does not appear 

in the phrase “non-Federal forest lands”. Second, 

even if the comma appeared, section 1212 of the 

Food, Agriculture, Conservation, and Trade Act of 

1990 (104 Stat. 3521) amended section 2 in its 

entirety on November 28, 1990, without taking into 

account the recent amendments made by Public 

Law 101–513.
3

(10) strengthening educational, 

technical, and financial assistance 

programs that provide assistance to 

owners of non-Federal forest lands.

(c) PRIORITIES.—In allocating funds 

appropriated or otherwise made available under this Act, the Secretary shall 

focus on the following national private 

forest conservation priorities, notwithstanding other priorities specified 

elsewhere in this Act:

(1) Conserving and managing working forest landscapes for multiple 

values and uses.

(2) Protecting forests from threats, 

including catastrophic wildfires, 

hurricanes, tornados, windstorms, 

snow or ice storms, flooding, 

drought, invasive species, insect or 

disease outbreak, or development, 

and restoring appropriate forest 

types in response to such threats.

(3) Enhancing public benefits from 

private forests, including air and 

water quality, soil conservation, biological diversity, carbon storage, forest products, forestry-related jobs, 

production of renewable energy, 

wildlife, wildlife corridors and wildlife 

habitat, and recreation.

(d) REPORTING REQUIREMENT.—

Not later than September 30, 2011, 

the Secretary shall submit to Congress 

a report describing how funds were 

used under this Act, and through other 

programs administered by the Secretary, to address the national priorities 

specified in subsection (c) and the 

outcomes achieved in meeting the 

national priorities.

(e) 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.

(f) CONSTRUCTION.—This Act 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.).

SEC. 2A. [16 U.S.C. 2101a] STATEWIDE ASSESSMENT AND STRATEGIES FOR FOREST RESOURCES.

(a) ASSESSMENT AND STRATEGIES 

FOR FOREST RESOURCES.—For 

a State to be eligible to receive funds 

under the authorities of this Act, the 

State forester of that State or equivalent State official shall develop and 

submit to the Secretary, not later than 

two years after the date of enactment 

of the Food, Conservation, and Energy 

Act of 2008, the following:

(1) A State-wide assessment of forest resource conditions, including—

(A) the conditions and trends of 

forest resources in that State;

(B) the threats to forest lands and 

resources in that State consistent 

with the national priorities specified in section 2(c);

(C) any areas or regions of that 

State that are a priority; and

(D) any multi-State areas that are 

a regional priority.

(2) A long-term State-wide forest 

resource strategy, including—

(A) strategies for addressing 

threats to forest resources in the 

State outlined in the assessment 

required by paragraph (1); and

(B) a description of the resources 

necessary for the State forester 

or equivalent State official from 

all sources to address the Statewide strategy.

(b) UPDATING.—At such times as the 

Secretary determines to be necessary, 

the State forester or equivalent State 

official shall update and resubmit to the 

Secretary the State-wide assessment 

and State-wide strategy required by 

subsection (a).

(c) COORDINATION.—In developing 

or updating the State-wide assessment 
4

and State-wide strategy required by 

subsection (a), the State Forester or 

equivalent State official shall coordinate with—

(1) the State Forest Stewardship 

Coordinating Committee established 

for the State under section 19(b);

(2) the State wildlife agency, with 

respect to strategies contained in 

the State wildlife action plans;

(3) the State Technical Committee;

(4) applicable Federal land management agencies; and

(5) for purposes of the Forest 

Legacy Program under section 7, 

the State lead agency designated 

by the Governor.

(d) INCORPORATION OF OTHER 

PLANS.—In developing or updating 

the State-wide assessment and Statewide strategy required by subsection 

(a), the State forester or equivalent 

State official shall incorporate any 

forest management plan of the State, 

including community wildfire protection 

plans and State wildlife action plans.

(e) SUFFICIENCY.—Once approved 

by the Secretary, a Statewide assessment and State-wide strategy developed under subsection (a) shall be 

deemed to be sufficient to satisfy all 

relevant State planning and assessment requirements under this Act.

(f) FUNDING.—

(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this 

section up to $10,000,000 for each 

of fiscal years 2008 through 2012.

(2) ADDITIONAL FUNDING 

SOURCES.—In addition to the 

funds appropriated for a fiscal year 

pursuant to the authorization of 

appropriations in paragraph (1) to 

carry out this section, the Secretary 

may use any other funds made 

available for planning under this Act 

to carry out this section, except that 

the total amount of combined funding used to carry out this section 

may not exceed $10,000,000 in any 

fiscal year.

(g) ANNUAL REPORT ON USE OF 

FUNDS.—The State forester or equivalent State official shall submit to the 

Secretary an annual report detailing 

how funds made available to the State 

under this Act are being used.

SEC. 3. [16 U.S.C. 2102] RURAL 

FORESTRY ASSISTANCE.

(a) ASSISTANCE TO FOREST LANDOWNERS AND OTHERS.—The Secretary may provide financial, technical, 

educational, and related assistance 

to State foresters or equivalent State 

officials, and State extension directors, to enable such officials to provide 

technical information, advice, and related assistance to private forest land 

owners and managers, vendors, forest 

resource operators, forest resource 

professionals, public agencies, and 

individuals to enable such persons to 

carry out activities that are consistent 

with the purposes of this Act, 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 recre-
5

ational 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.

SEC. 4. [16 U.S.C. 2103] FOREST 

LAND ENHANCEMENT PROGRAM.

(a) ESTABLISHMENT.—

(1) IN GENERAL.—The Secretary 

of Agriculture shall establish a forest 

land enhancement program—

(A) to provide financial assistance 

to State foresters; and

(B) to encourage the long-term 

sustainability of nonindustrial 
6

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 
7

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 costshare assistance under the program 

for the treatment of the additional 

acreage.

(3) PLAN DEVELOPMENT EXCEPTION.—An owner may receive costshare 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:
8

(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 dis-
9

tribute 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 the date of 

enactment of the Farm Security and 

Rural Investment Act of 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 decisionmaking authority over the lands.

(2) COMMITTEE.—The terms 

“State Forest Stewardship Coordinating Committee” and “Committee” 

means a State Forest Stewardship 

Coordinating Committee established 

under section 19(b).

(3) INDIAN TRIBE.—The term 

“Indian tribe” has the meaning given 

the term in section 4 of the Indian 

Self-Determination and Education 

Assistance Act (25 U.S.C. 450b).

(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.

SEC. 5. [16 U.S.C. 2103a] FOREST 

STEWARDSHIP PROGRAM.

(a) ESTABLISHMENT.—The Secretary, in consultation with State foresters or equivalent State officials, 

shall establish a Forest Stewardship 

Program (hereafter referred to in this 

section as the “Program”) to encourage the long-term stewardship of 

nonindustrial private forest lands by 
10

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) DEFINITION.—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 

the date of enactment of this section 

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 Act.

(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
11

(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.

SEC. 6. [16 U.S.C. 2103b] WATERSHED FORESTRY ASSISTANCE 

PROGRAM.

(a) DEFINITION OF NONINDUSTRIAL 

PRIVATE FOREST LAND.—In this 

section, the term “nonindustrial private 

forest land” means rural land, as determined by the Secretary, that—

(1) has existing tree cover or that is 

suitable for growing trees; and

(2) is owned by any nonindustrial 

private individual, group, association, corporation, or other private 

legal entity, that has definitive decisionmaking authority over the land.

(b) GENERAL AUTHORITY AND 

PURPOSE.—The Secretary, acting 

through the Chief of the Forest Service 

and (where appropriate) through the 

National Institute of Food and Agriculture, 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 nonFederal 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 bestmanagement 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.
12

(d) WATERSHED FORESTRY COSTSHARE 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 

19(b) (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 
13

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), the Secretary 

shall use—

(A) at least 75 percent of the 

funds to carry out the cost-share 

program under subsection (d); 

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.

SEC. 7. [16 U.S.C. 2103c] FOREST 

LEGACY PROGRAM.

(a) ESTABLISHMENT AND PURPOSE.—The Secretary shall establish 

a program, to be known as the Forest 

Legacy Program, in cooperation with 

appropriate State, regional, and other 

units of government for the purposes 

of ascertaining and protecting environmentally important forest areas 

that are threatened by conversion to 

nonforest uses and, through the use 

of conservation easements and other 

mechanisms, for promoting forest land 

protection and other conservation 

opportunities. Such purposes shall 

also include the protection of important scenic, cultural, fish, wildlife, and 

recreational resources, riparian areas, 

and other ecological values.

(b) STATE AND REGIONAL FOREST LEGACY PROGRAMS.—The 

Secretary shall exercise the authority 

under subsection (a) of this section 

in conjunction with State or regional 

programs that the Secretary deems 

consistent with this section.

(c) INTERESTS IN LAND.—In addition to the authorities granted under 

16 U.S.C. 515 and 17 U.S.C. 428a (a), 

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.
14

(d) IMPLEMENTATION.—

(1) IN GENERAL.—Lands and interests therein acquired under subsection (c) 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 19(b) 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 16 U.S.C. 515, 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.
15

(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), 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—
16

(A) the Secretary shall use a 

portion of the funds made available under subsection (m), 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;3

(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.

SEC. 7A. [16 U.S.C. 2103d] COMMUNITY FOREST AND OPEN SPACE 

CONSERVATION PROGRAM.

(a) DEFINITIONS.—In this section:

(1) ELIGIBLE ENTITY.—The term 

“eligible entity” means a local 

governmental entity, Indian tribe, or 

nonprofit organization that owns or 

acquires a parcel under the program.

(2) INDIAN TRIBE.—The term 

“Indian tribe” has the meaning given 

the term in section 4 of the Indian 

Self-Determination and Education 

Assistance Act (25 U.S.C. 450b).

(3) LOCAL GOVERNMENTAL ENTITY.—The term “local governmental entity” includes any municipal 

government, county government, 

or other local government body 

with jurisdiction over local land use 

decisions.

(4) NONPROFIT ORGANIZATION.—The term “nonprofit organization” means any organization 3 So in law. The word “and” should appear after that—

the semicolon at the end of clause (i) of subsection (l)(3)(B).
17

(A) is described in section 170(h)

(3) of the Internal Revenue Code 

of 1986; and

(B) operates in accordance with 

1 or more of the purposes specified in section 170(h)(4)(A) of 

that Code.

(5) PROGRAM.—The term “Program” means the community forest 

and open space conservation 

program established under subsection (b).

(6) SECRETARY.—The term 

“Secretary” means the Secretary of 

Agriculture, acting through the Chief 

of the Forest Service.

(b) ESTABLISHMENT.—The Secretary 

shall establish a program, to be known 

as the “community forest and open 

space conservation program”.

(c) GRANT PROGRAM.—

(1) IN GENERAL.—The Secretary 

may award grants to eligible entities 

to acquire private forest land, to be 

owned in fee simple, that—

(A) are threatened by conversion 

to nonforest uses; and

(B) provide public benefits to 

communities, including—

(i) economic benefits through 

sustainable forest management;

(ii) environmental benefits, 

including clean water and 

wildlife habitat;

(iii) benefits from forest-based 

educational programs, including vocational education 

programs in forestry;

(iv) benefits from serving as 

models of effective forest 

stewardship for private landowners; and

(v) recreational benefits, including hunting and fishing.

(2) FEDERAL COST SHARE.—An 

eligible entity may receive a grant 

under the Program in an amount 

equal to not more than 50 percent 

of the cost of acquiring 1 or more 

parcels, as determined by the 

Secretary.

(3) NON-FEDERAL SHARE.—As a 

condition of receipt of the grant, an 

eligible entity that receives a grant 

under the Program shall provide, 

in cash, donation, or in kind, a 

non-Federal matching share in an 

amount that is at least equal to the 

amount of the grant received.

(4) APPRAISAL OF PARCELS.—To 

determine the non-Federal share 

of the cost of a parcel of privatelyowned forest land under paragraph 

(2), an eligible entity shall require 

appraisals of the land that comply 

with the Uniform Appraisal Standards for Federal Land Acquisitions 

developed by the Interagency Land 

Acquisition Conference.

(5) APPLICATION.—An eligible entity that seeks to receive a grant under the Program shall submit to the 

State forester or equivalent official 

(or in the case of an Indian tribe, an 

equivalent official of the Indian tribe) 

an application that includes—

(A) a description of the land to be 

acquired;

(B) a forest plan that provides—

(i) a description of community 

benefits to be achieved from 

the acquisition of the private 

forest land; and

(ii) an explanation of the manner in which any private forest 

land to be acquired using 

funds from the grant will be 

managed; and

(C) such other relevant information as the Secretary may 

require.

(6) EFFECT ON TRUST LAND.—

(A) INELIGIBILITY.—The Secretary shall not provide a grant 

under the Program for any project 

on land held in trust by the United 

States (including Indian reservations and allotment land).
18

(B) ACQUIRED LAND.—No land 

acquired using a grant provided 

under the Program shall be converted to land held in trust by the 

United States on behalf of any 

Indian tribe.

(7) APPLICATIONS TO SECRETARY.—The State forester or 

equivalent official (or in the case of 

an Indian tribe, an equivalent official 

of the Indian tribe) shall submit to 

the Secretary a list that includes a 

description of each project submitted by an eligible entity at such 

times and in such form as the Secretary shall prescribe.

(d) DUTIES OF ELIGIBLE ENTITY.—

An eligible entity shall provide public 

access to, and manage, forest land 

acquired with a grant under this section in a manner that is consistent with 

the purposes for which the land was 

acquired under the Program.

(e) PROHIBITED USES.—

(1) IN GENERAL.—Subject to paragraphs (2) and (3), an eligible entity 

that acquires a parcel under the 

Program shall not sell the parcel or 

convert the parcel to nonforest use.

(2) REIMBURSEMENT OF 

FUNDS.—An eligible entity that 

sells or converts to nonforest use a 

parcel acquired under the Program 

shall pay to the Federal Government 

an amount equal to the greater of 

the current sale price, or current appraised value, of the parcel.

(3) LOSS OF ELIGIBILITY.—An 

eligible entity that sells or converts a 

parcel acquired under the Program 

shall not be eligible for additional 

grants under the Program.

(f) STATE ADMINISTRATION AND 

TECHNICAL ASSISTANCE.—The 

Secretary may allocate not more than 

10 percent of all funds made available 

to carry out the Program for each fiscal 

year to State foresters or equivalent officials (including equivalent officials of 

Indian tribes) for Program administration and technical assistance.

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are 

necessary to carry out this section.

SEC. 8. [16 U.S.C. 2104] FOREST 

HEALTH PROTECTION.

(a) IN GENERAL.—The Secretary may 

protect trees and forests and wood 

products, stored wood, and wood 

in use directly on the National Forest System and, in cooperation with 

others, on other lands in the United 

States, from natural and man-made 

causes, to—

(1) enhance the growth and maintenance of trees and forests;

(2) promote the stability of forestrelated 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) 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 
19

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 3709 of the Revised 

Statutes (41 U.S.C. 5), under whatever procedures the Secretary may 

prescribe, if the Secretary determines that such action is necessary 

and in the public interest.
20

(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), 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.

SEC. 9. [16 U.S.C. 2105] URBAN 

AND COMMUNITY FORESTRY ASSISTANCE.

(a) FINDINGS.—The Congress finds 

that—

(1) the health of forests in urban 

areas and communities, including 

cities, their suburbs, and towns, in 

the United States is on the decline;

(2) forest lands, shade trees, and 

open spaces in urban areas and 

communities improve the quality of 

life for residents;

(3) forest lands and associated 

natural resources enhance the 

economic value of residential and 

commercial property in urban and 

community settings;

(4) urban trees are 15 times more 

effective than forest trees at reducing the buildup of carbon dioxide 

and aid in promoting energy conservation through mitigation of the heat 

island effect in urban areas;

(5) tree plantings and ground covers 

such as low growing dense perennial turfgrass sod in urban areas and 

communities can aid in reducing 

carbon dioxide emissions, mitigating 

the heat island effect, and reducing 

energy consumption, thus contributing to efforts to reduce global warming trends;

(6) efforts to encourage tree plantings and protect existing open 

spaces in urban areas and communities can contribute to the social 

well-being and promote a sense of 

community in these areas; and

(7) strengthened research, education, technical assistance, and public information and participation in 

tree planting and maintenance programs for trees and complementary 
21

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 the 

Internal Revenue Code of 1986, 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.
22

(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. 
23

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 costshare 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 

National Institute of Food and 

Agriculture,

(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—
24

(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 
25

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 THE 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 THE 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 3(d) of the Forest and Rangeland Renewable 

Resources Planning Act of 1974 

(16 U.S.C. 1601(d)).

(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 Act.

(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); 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.
26

SEC. 10. [16 U.S.C. 2106] RURAL 

FIRE PREVENTION AND CONTROL4

(a) 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) Notwithstanding the Federal Fire 

Prevention and Control Act of 1974 [15 

U.S.C. 2201 et. esq.], 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 

306(a)(7) of the Consolidated Farm 

and Rural Development Act; and

(4) provide financial, technical, and related assistance to State foresters or 

equivalent State officials, and through 

them to other agencies and individu4 The 12th paragraph under the heading 

“ADMINISTRATIVE PROVISIONS, FOREST 

SERVICE” in title II of the Department of the 

Interior and Related Agencies Appropriations Act, 

1999 (as contained in section 101(e) of division A 

of Public Law 105–277 (112 Stat. 2681–274; 16 

U.S.C. 2106b)), provides as follows: “Any money 

collected from the States for fire suppression assistance rendered by the Forest Service on nonFederal lands not in the vicinity of National Forest 

System lands shall hereafter 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.”
27

als, 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

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 by 

the Secretary of Commerce under the 

Federal Fire Prevention and Control 

Act of 1974.

(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 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 
28

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.

SEC. 10A. [16 U.S.C. 2106a]

Emergency reforestation

assistance

 (a) In general.—The Secretary of 

Agriculture is authorized to provide assistance under this section to eligible 

landowners who suffer destruction of 

35 percent or more of a commercial 

tree stand due to damaging weather, 

related condition, or wildfire.

(b) Form of assistance.—The 

assistance, if any, provided by the Secretary under this section shall consist 

of either— 

(1) reimbursement of up to 65 

percent of the cost of reestablishing such tree stand damaged by 

the damaging weather, related 

condition, or wildfire in excess of 35 

percent mortality; or 

(2) at the discretion of the Secretary, 

provision of sufficient tree seedlings 

to reestablish such tree stand. 

(c) Conditions.—

(1) Limitation on assistance.—

No person may receive an amount 

in excess of $25,000 in any fiscal 

year, or an equivalent value in tree 

seedlings, under this section. 

(2) Ineligibility.—A person who 

has qualifying gross revenues in 

excess of $2,000,000 annually, as 

determined by the Secretary, shall 

not be eligible to receive any disaster payment or other benefits under 

this section. 

(3) Implementation.—In implementing this section, the Secretary 

shall issue regulations— 

(A) defining the term “person” for 

the purposes of this section that 

shall conform, to the extent practicable, to the regulations defining 

the term “person” issued under 

section 1308 of title 7 (before 

the amendment made by section 

1703(a) [1] of the Food, Conservation, and Energy Act of 2008); 

(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 op-
29

erations, 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. 

SEC. 10B. [16 U.S.C. 2106b] Use

of money collected from

States for fire suppression

assistance

Any money collected from the States 

for fire suppression assistance 

rendered by the Forest Service on 

non-Federal lands not in the vicinity of 

National Forest System lands shall on 

and after October 21, 1998, be used 

to reimburse the applicable appropriation and shall remain available until 

expended as the Secretary may direct 

in conducting activities authorized by 

16 U.S.C. 2101 note , 2101–2110, 

1606, and 2111. 

SEC. 10C. [16 U.S.C. 2106c] 

Enhanced community fire

protection

(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 
30

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. 

SEC. 11. [16 U.S.C. 2107]: Financial, technical, and related

assistance to States

(a) Development of State Organization 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 Act, 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 

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 report 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 
31

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 committee.—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 

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 Act 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 Act;

(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 Act;

(D) test, evaluate, and seek registration of chemicals for use in implementing the programs and activities 

authorized under this Act; and

(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 Act are responsive to 

special problems, unique situations, and changing conditions.

(2) The Secretary may make funds 

available to cooperators under this 

Act 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.

SEC. 12. [16 U.S.C. 2108] CONSOLIDATED PAYMENTS

(a) Request by State; excluded

funds.—To provide flexibility in funding activities authorized under this Act, 

the Secretary may, upon the request 

of any State, consolidate the annual 

financial assistance payments to that 

State under this Act, in lieu of functional 

cost sharing mechanisms, formulas, 

or agreements. However, consolidated 

payments shall not include money appropriated under section 4 of this Act or 

money from any special Treasury fund 

established under this Act.

(b) State Forest Resources

Program as Basis.—Consolidation 

of payments made under this section 

shall be based upon State forest re-
32

sources 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 Act.

(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 the enactment 

of this Act shall not be less than the 

base amount of financial assistance 

provided to that State under all the 

provisions of law specified in section 

16 of this Act during the fiscal year in 

which this Act 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.

SEC. 13. [16 U.S.C. 2109] GENERAL 

PROVISIONS

(a) Cooperative and coordinating requirements for implementation of programs, etc.—

In implementing this Act, 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 Act 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 Act with related programs 

the Secretary administers, and 

with cooperative programs of other 

agencies.

(b) Availability of Appropriations.—Money appropriated under 

this Act shall remain available until 

expended.

(c) Consultation Requirements for Implementation for

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 Act, the administrative 

expenses in connection with activities and programs under this Act, and 

the amounts to be expended by the 

Secretary to assist non-State coopera-
33

tors under this Act, 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 Act. 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 Act—

(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 

Federated States of Micronesia, the 

Republic of the Marshall Islands, the 

Republic of Palau,5 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 Act.

(f) Granting, etc., Authorities.—The Secretary is authorized to 

make grants, agreements, contracts, 

and other arrangements the Secretary 

deems necessary to implement this Act.

(g) Construction of Statutory

Provisions.—This Act 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 16 of this Act.

[(h)6 Additional Assistance.—

In addition to the authority provided 

elsewhere in this Act, the Secretary may 

provide assistance to other countries 

with respect to the activities described 

in paragraphs (1) through (10) of section 3(b), paragraphs (1) through (5) 

of section 7(b), and paragraphs (1) 

through (3) of section 9(b). 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 

5 Section 8004 of Public Law 110–246 amended 

the “Cooperative Forestry Act of 1978”. The 

amendment instruction should have referred to 

the “Cooperative Forestry Assistance Act of 1978” 

and was executed to reflect the probable intent of 

Congress.

6 Subsection (h) was added by section 607(b)(3) 

of Public Law 101–513 (104 Stat. 2072, approved 

November 5, 1990). The amendment was drafted 

in anticipation of amendments to the Cooperative 

Forestry Assistance Act of 1978 to be made by the 

Food, Agriculture, Conservation, and Trade Act of 

1990 (Public Law 101–624; 104 Stat. 3525). Two 

problems arose. The anticipated amendments 

were changed somewhat so that the amendatory 

language in Public Law 101–513 refers to the 

wrong section and Public Law 101–624 was enacted on November 28, 1990, after the date of the 

enactment of Public Law 101–513. Consequently, 

subsection (h) does not appear in the law. The 

cross references in subsection (h) to other provisions of the Cooperative Forestry Assistance Act 

of 1978 are also wrong because of the redesignations actually made by Public Law 101–624. 

Paragraphs (1) through (10) of section 3(b) do not 

exist as section 3(b) now has only six paragraphs. 

Paragraphs (1) through (5) of section 7(b) probably refer to paragraphs (1) through (5) of section 

8(b), or possibly to all seven paragraphs of section 8(b). Paragraphs (1) through (3) of section 

9(b) either refer to section 9(b), which actually 

has eight paragraphs, or to section 10(b), which 

has four paragraphs. The former is the choice of 

the Law Revision Counsel while the latter is the 

choice of the Legislative Counsel.
34

Federal officials, departments, agencies, or international organizations, as 

the President may direct. The references to “State foresters or equivalent 

State officials” in this Act shall not 

apply to the assistance provided by the 

Secretary to other countries under this 

subsection.]

SEC. 13A. [16 U.S.C. 2109a] COMPETITIVE ALLOCATION OF FUNDS 

TO STATE FORESTERS OR EQUIVALENT STATE OFFICIALS.

(a) COMPETITION.—Beginning not 

later than 3 years after the date of the 

enactment of the Food, Conservation, 

and Energy Act of 2008, the Secretary 

shall competitively allocate a portion, 

to be determined by the Secretary, 

of the funds available under this Act 

to State foresters or equivalent State 

officials.

(b) DETERMINATION.—In determining the competitive allocation of funds 

under subsection (a), the Secretary 

shall consult with the Forest Resource 

Coordinating Committee established 

by section 19(a).

(c) PRIORITY.—The Secretary shall 

give priority for funding to States for 

which the long-term State-wide forest 

resource strategies submitted under 

section 2A(a)(2) will best promote the 

national priorities specified in section 

2(c).

SEC. 13B. [16 U.S.C. 2109b] COMPETITIVE ALLOCATION OF FUNDS 

FOR COOPERATIVE FOREST INNOVATION PARTNERSHIP PROJECTS.

(a) COOPERATIVE FOREST INNOVATION PARTNERSHIP PROJECTS.—

The Secretary may competitively 

allocate not more than 5 percent of the 

funds made available under this Act to 

support innovative national, regional, 

or local education, outreach, or technology transfer projects that the Secretary determines would substantially 

increase the ability of the Department 

of Agriculture to address the national 

priorities specified in section 2(c).

(b) ELIGIBILITY.—Notwithstanding the 

eligibility limitations contained in this 

Act, any State or local government, Indian tribe, land-grant college or university, or private entity shall be eligible to 

compete for funds to be competitively 

allocated under subsection (a).

(c) COST-SHARE REQUIREMENT.—

In carrying out subsection (a), the 

Secretary shall not cover more than 

50 percent of the total cost of a project 

under such subsection. In calculating 

the total cost of a project and contributions made with regard to the project, 

the Secretary shall include in-kind 

contributions.

SEC. 14. [16 U.S.C. 2110] STATEMENT OF LIMITATION.

This Act 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 Act does not diminish 

in any way the rights and responsibilities of the States and political subdivisions of States.

REPORTS

[SEC. 15. Omitted—Amendments]

SEC. 16. [16 U.S.C. 2111] REPEAL 

OF OTHER LAWS; EXISTING 

CONTRACTS AND AGREEMENTS; 

APPROPRIATIONS

(a) Repeal 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);
35

(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. esq.]; 

and

(7) section 1009 and the proviso to 

section 1010 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 repeal status.—

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

repeal 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 Act.

EFFECTIVE DATE

SEC. 17. [16 U.S.C. 2101 note] The 

provisions of this Act shall become effective October 1, 1978.

SEC. 18. [16 U.S.C. 2112] COOPERATIVE NATIONAL FOREST PRODUCTS MARKETING PROGRAM.

(a) FINDINGS AND PURPOSES.—

(1) Findings.—Congress finds 

that—

(A) the health and vitality of the 

domestic forest products industry 

is important to the well-being of 

the economy of the United States;

(B) the domestic forest products 

industry has a significant potential for expansion in both domestic and foreign markets;

(C) many small-sized to mediumsized 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 smallsized 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 Act that provides—

(A) technical assistance to 

States, landowners, and smallsized 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 smallsized to medium-sized 

forest products firms and private, 

nonindustrial forest landowners.
36

(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.

SEC. 19. [16 U.S.C. 2113] FEDERAL, 

STATE, AND LOCAL COORDINATION AND COOPERATION.

(a) FOREST RESOURCE COORDINATING COMMITTEE.—

(1) ESTABLISHMENT.—The Secretary shall establish a committee, to 

be known as the “Forest Resource 

Coordinating Committee” (in this 

section referred to as the “Coordinating Committee”), to coordinate 

nonindustrial private forestry activities within the Department of Agriculture and with the private sector.

(2) COMPOSITION.—The Coordinating Committee shall be composed of the following:

(A) The Chief of the Forest 

Service.

(B) The Chief of the Natural Resources Conservation Service.

(C) The Director of the Farm 

Service Agency.

(D) The Director of the National 

Institute of Food and Agriculture.

(E) Non-Federal representatives appointed by the Secretary 

to 3 year terms, although initial 

appointees shall have staggered 

terms, including the following 

persons:

(i) At least three State foresters or equivalent State 

officials from geographically 

diverse regions of the United 

States.

(ii) A representative of a State 

fish and wildlife agency.

(iii) An owner of nonindustrial 

private forest land.

(iv) A forest industry representative.

(v) A conservation organization representative.

(vi) A land-grant university or 

college representative.

(vii) A private forestry consultant.

(viii) A representative from a 

State Technical Committee 

established under section 

1261 of the Food Security Act 

of 1985 (16 U.S.C. 3861).

(F) Such other persons as determined by the Secretary to be 

appropriate.

(3) CHAIRPERSON.—The Chief 

of the Forest Service shall serve 

as chairperson of the Coordinating 

Committee.

(4) DUTIES.—The Coordinating 

Committee shall—
37

(A) provide direction and coordination of actions within the 

Department of Agriculture, and 

coordination with State agencies and the private sector, to 

effectively address the national 

priorities specified in section 2(c), 

with specific focus owners of nonindustrial private forest land;

(B) clarify individual agency 

responsibilities of each agency 

represented on the Coordinating Committee concerning the 

national priorities specified in 

section 2(c), with specific focus 

on nonindustrial private forest 

land;

(C) provide advice on the allocation of funds, including the 

competitive funds set-aside by 

sections 13A and 13B; and

(D) assist the Secretary in developing and reviewing the report 

required by section 2(d).

(5) MEETING.—The Coordinating Committee shall meet annually 

to discuss progress in addressing 

the national priorities specified in 

section 2(c) and issues regarding 

nonindustrial private forest land.

(6) COMPENSATION.—

(A) FEDERAL MEMBERS.—

Members of the Coordinating 

Committee 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 

Coordinating Committee.

(B) NON-FEDERAL MEMBERS.—

Non-federal members of the 

Coordinating Committee shall 

serve without pay, but may be 

reimbursed for reasonable costs 

incurred while performing their 

duties on behalf of the Coordinating Committee.

(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 National 

Institute of Food and Agriculture;

(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;

(VIII) the State fish and 

wildlife agency; and

(IX) the State Technical 

Committee.

(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 
38

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 Act 

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 the State-wide assessment and strategy regarding 

forest resource conditions under 

section 2A; 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 7.

(3) TERMINATION.—The State 

Coordinating Committees shall not 

terminate.

(4) RULE OF CONSTRUCTION.—

Nothing in this section shall be 

construed to compel action by any 

State official.

SEC. 20. [16 U.S.C. 2114] ADMINISTRATION.

(a) IN GENERAL.—The Secretary 

shall administer this Act in accordance 

with regulations that the Secretary 

shall develop.

(b) GUIDELINES.—The regulations 

promulgated under this Act shall 

include guidelines for the administration of this Act at the Federal and State 

levels and shall identify the measures 

and activities that are eligible for cost 

sharing under this Act.

(c) EXISTING MECHANISMS.—Existing mechanisms shall be used to the 

extent possible to make payments 

and deliver services to the landowner 

under this Act.

(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 Act in cases in which the State 

foresters or equivalent State officials 

are not able to make fund transfers to 

other State and local agencies.
39

PART II

FOREST SERVICE ECONOMIC ACTION PROGRAM AUTHORITIES

Note: The “Administrative Provisions” 

section of P.L. 107-63, 2001 carries the 

following explicit direction authorizing 

Forest Service employees to provide 

technical assistance to communities: 

“Funds appropriated to the Forest 

Service shall be available for interactions with and providing technical assistance to rural communities for sustainable rural development purpose.”

Rural Revitalization through 

Forestry, National Forest Dependent 

Communities, Public Law 101-624. 

“Food, Agriculture, Conservation, 

and Trade Act of 1990,” November 

28, 1990. Title XXIII, Chapter 2. 

National Forest Dependent Rural 

Communities, “National ForestDependent Rural Communities 

Economic Diversification Act of 

1990,” Sec. 2371-2379, 7 U.S.C. 

6611-6617

CHAPTER 1—FORESTRY RURAL 

REVITALIZATION

SEC. 2371.7

 FORESTRY RURAL 

REVITALIZATION.—

(a) ESTABLISHMENT OF ECONOMIC 

DEVELOPMENT AND GLOBAL 

MARKETING PROGRAM.—The 

Secretary of Agriculture, acting 

through the Extension Service and the 

Cooperative Extension System, and in 

consultation with the Forest Service, 

shall establish and implement educational programs and provide technical 

assistance to assist businesses, industries, and policymakers to create jobs, 

raise incomes, and increase public 

revenues in manners consistent with 

environmental concerns.

(b) ACTIVITIES.—Each program established under subsection (a) shall—

(1) transfer technologies to natural 

resource-based industries in the 

United States to make such industries more efficient, productive, and 

competitive;

(2) assist businesses to identify 

global marketing opportunities, conduct business on an international 

basis, and market themselves more 

effectively; and

(3) train local leaders in strategic 

community economic development.

(c) TYPES OF PROGRAMS.—The 

Secretary of Agriculture shall establish 

specific programs under subsection 

(a) to—

(1) deliver educational services 

focused on community economic 

analysis, economic diversification, 

economic impact analysis, retention 

and expansion of existing commodity and noncommodity industries, 

amenity resource and tourism 

development, and entrepreneurship 

focusing on forest lands and rural 

communities;

(2) use Cooperative Extension 

System databases and analytical 

tools to help communities diversify 

their economic bases, add value 

locally to raw forest product materials, and retain revenues by helping 

to develop local businesses and 

industries to supply forest products 

locally; and

(3) use the full resources of the 

Cooperative Extension Service, 

including land-grant universities and 

county offices, to promote economic 

7 Sec. 202 of Title II-Biomass of the Healthy 

Forest Restoration Act of 2003 (P.L. 108-148), 

7 U.S.C. 8101 amended Section 2371 of the 

Food, Agriculture, Conservation and Trade Act of 

1990 (7 U.S.C. 6601) by adding Sec. (d) Rural 

Revitalization Technologies.
40

development that is sustainable and 

environmentally sound.

(d) Rural Revitalization Technologies.—

(1) In general.—The Secretary of Agriculture, acting through 

the Chief of the Forest Service, 

in consultation with the State and 

Private Forestry Technology Marketing Unit at the Forest Products 

Laboratory, and in collaboration with 

eligible institutions, may carry out a 

program—

(A) to accelerate adoption of 

technologies using biomass and 

small-diameter materials;

(B) to create community-based 

enterprises through marketing 

activities and demonstration 

projects; and

(C) to establish small-scale business enterprises to make use 

of biomass and small-diameter 

materials.

(2) Authorization of appropriations.—There is authorized 

to be appropriated to carry out this 

subsection $5,000,000 for each of 

fiscal years 2004 through 2008.”

CHAPTER 2—NATIONAL FORESTDEPENDENT RURAL COMMUNITIES

SEC. 2372. SHORT TITLE

This chapter may be cited as the 

‘National Forest-Dependent Rural 

Communities Economic Diversification 

Act of 1990.’

SEC. 2373. FINDINGS AND 

PURPOSES 

(a) FINDINGS.—The Congress finds 

that—

(1) the economic well-being of rural 

America is vital to our national 

growth and prosperity; 

(2) the economic well-being of many 

rural communities depends upon the

goods and services that are derived 

from National Forest System land; 

(3) the economies of many of these 

communities suffer from a lack of 

industrial and business diversity; 

(4) this lack of diversity is particularly serious in communities whose 

economies are predominantly 

dependent on timber and recreation 

resources and where management 

decisions made on National Forest 

System land by Federal and private 

organizations may disrupt the supply of those resources; 

(5) the Forest Service has expertise and resources that could be 

directed to promote modernization 

and economic diversification of existing industries and services based 

on natural resources; 

(6) the Forest Service has the 

technical expertise to provide 

leadership, in cooperation with other 

governmental agencies and the private sector, to assist rural communities dependent upon National Forest 

System land resources to upgrade 

existing industries and diversify by 

developing new economic activity in 

non-forest-related industries; and 

(7) technical assistance, training, 

education, and other assistance 

provided by the Department of Agriculture can be targeted to provide 

immediate help to those rural communities in greatest need. 

(b) PURPOSES.—The purposes of 

this subchapter are— 

(1) to provide assistance to rural 

communities that are located in or 

near National Forest System land 

and that are economically dependent upon natural resources or are 

likely to be economically disadvantaged by Federal or private sector 

land management practices; 

(2) to aid in diversifying such communities’ economic bases; and 

(3) to improve the economic, social, 

and environmental well-being of 

rural America. 
41

SEC. 2374. DEFINITIONS 

As used in this subchapter: 

(1) The term “action team” means a 

rural natural resources and economic diversification action team established by the Secretary pursuant 

to section 6613(b) of this title. 

(2) The term “economically disadvantaged” means economic 

hardship due to the loss of jobs or 

income (labor or proprietor) derived 

from forestry, the wood products 

industry, or related commercial 

enterprises such as recreation and 

tourism in the national forest. 

(3) The term “rural community” 

means— 

(A) any town, township, municipality, or other similar unit of 

general purpose local government, or any area represented 

by a not-for-profit corporation or 

institution organized under State 

or Federal law to promote broad 

based economic development, 

or unit of general purpose local 

government, as approved by the 

Secretary, that has a population 

of not more than 10,000 individuals, is located within a county in 

which at least 15 percent of the 

total primary and secondary labor 

and proprietor income is derived 

from forestry, wood products, and 

forest-related industries such as 

recreation, forage production, 

and tourism and that is located 

within the boundary, or within 

100 miles of the boundary, of a 

national forest; or

(B) any county that is not 

contained within a Metropolitan 

Statistical Area as defined by the 

United States Office of Management and Budget, in which 

at least 15 percent of the total 

primary and secondary labor 

and proprietor income is derived 

from forestry, wood products, and 

forest-related industries such as 

recreation, forage production, 

and tourism and that is located 

within the boundary, or within 

100 miles of the boundary, of a 

national forest.

(4) The term “Secretary” means the 

Secretary of Agriculture.

SEC. 2375. RURAL NATURAL 

RESOURCES AND ECONOMIC 

DIVERSIFICATION ACTION TEAMS 

(a) REQUESTS FOR ASSISTANCE. 

—Economically disadvantaged rural 

communities may request assistance 

from the Secretary in identifying opportunities that will promote economic 

improvement and diversification and 

revitalization. 

(b) ESTABLISHMENT.—Upon request, 

the Secretary may establish rural natural resources and economic diversification action teams to prepare an action 

plan to provide technical assistance to 

economically disadvantaged communities. The action plan shall identify 

opportunities to promote economic 

diversification and enhance local economies now dependent upon National 

Forest System land resources. The 

action team may also identify opportunities to use value-added products and 

services derived from National Forest 

System land resources. 

(c) ORGANIZATION.—The Secretary 

shall design and organize any action 

team established pursuant to subsection (b) of this section to meet the 

unique needs of the requesting rural 

community. Each action team shall be 

directed by an employee of the Forest 

Service and may include personnel 

from other agencies within the Department of Agriculture, from other Federal 

and State departments and agencies, 

and from the private sector. 

(d) COOPERATION.—In preparing action plans, the Secretary may cooperate with State and local governments, 

universities, private companies, individuals, and nonprofit organizations for 

procurement of services determined 

necessary or desirable. 
42

(e) ELIGIBILITY.—The Secretary shall 

ensure that no substantially similar 

geographical or defined local area in a 

State receives a grant for technical assistance to an economically disadvantaged community under this subchapter and a grant for assistance under a 

designated rural development program 

during any continuous five-year period. 

(f) APPROVAL.—After reviewing requests under this section for financial 

and economic feasibility and viability, 

the Secretary shall approve and implement in accordance with section 6614 

of this title those action plans that will 

achieve the purposes of this subchapter.

(g) “DESIGNATED RURAL DEVELOPMENT PROGRAM” DEFINED.—In this 

section, the term “designated rural development program” means a program 

carried out under section 1924(b), 

1926(a), or 1932(e) of this title for 

which funds are available at any time 

during the fiscal year

SEC. 2376. ACTION PLAN 

IMPLEMENTATION 

(a) IN GENERAL.—Action plans shall 

be implemented, insofar as practicable, to upgrade existing industries to 

use natural resources more efficiently 

and to expand the economic base of 

rural communities so as to alleviate or 

reduce their dependence on National 

Forest System land resources.

(b) ASSISTANCE.—To implement 

action plans, the Secretary may make 

grants and enter into cooperative 

agreements and contracts to provide 

necessary technical and related assistance. Such grants, cooperative agreements, and contracts may be with the 

affected rural community, State and 

local governments, universities, corporations, and other persons. 

(c) LIMITATION.—The Federal contribution to the overall implementation 

of an action plan shall not exceed 80 

percent of the total cost of the plan, including administrative and other costs. 

In calculating the Federal contribution, 

the Secretary shall take into account 

the fair market value of equipment, 

personnel, and services provided. 

(d) AVAILABLE AUTHORITY.—The 

Secretary may use the Secretary’s authority under the Cooperative Forestry 

Assistance Act of 1978 (16 U.S.C.2101 

et seq.) and other Federal, State, and 

local governmental authorities in implementing action plans. 

(e) CONSISTENCY WITH FOREST 

PLANS.—The implementation of action plans shall be consistent with land 

and resource management plans.

SEC. 2377. TRAINING AND 

EDUCATION 

(a) PROGRAMS.—In furtherance of 

an action plan, the Secretary may use 

the Extension Service and other appropriate agencies of the Department 

of Agriculture to develop and conduct 

education programs that assist businesses, elected or appointed officials, 

and individuals in rural communities 

to deal with the effects of a transition 

from being economically disadvantaged to economic diversification. 

These programs may include— 

(1) community economic analysis 

and strategic planning; 

(2) methods for improving and retooling enterprises now dependent 

on National Forest System land 

resources; 

(3) methods for expanding enterprises and creating new economic opportunities by emphasizing 

economic opportunities in other 

industries or services not dependent 

on National Forest System land 

resources; and 

(4) assistance in the evaluation, 

counseling, and enhancement of vocational skills, training in basic and 

remedial literacy skills, assistance 

in job seeking skills, and training 

in starting or operating a business 

enterprise. 
43

(b) EXISTING EDUCATIONAL AND 

TRAINING PROGRAMS.—Insofar as 

practicable, the Secretary shall use 

existing Federal, State, and private 

education resources in carrying out 

these programs 

SEC. 2378. LOANS TO 

ECONOMICALLY DISADVANTAGED 

RURAL COMMUNITIES 

(a) IN GENERAL.—The Secretary, under such terms and conditions as the 

Secretary shall establish, may make 

loans to economically disadvantaged 

rural communities for the purposes 

of securing technical assistance and 

services to aid in the development and 

implementation of action plans, including planning for— 

(1) improving existing facilities in 

the community that may generate 

employment or revenue; 

(2) expanding existing infrastructure, 

facilities, and services to capitalize 

on opportunities to diversify economies now dependent on National 

Forest System land resources; and 

(3) supporting the development of 

new industries or commercial ventures unrelated to National Forest 

System land resources. 

(b) INTEREST RATES.—The interest rates on a loan made pursuant to 

this section shall be as determined by 

the Secretary, but not in excess of the 

current average market yield on outstanding marketable obligations of the 

United States with remaining periods 

to maturity comparable to the maturity 

of such loan, plus not to exceed 1 percent, as determined by the Secretary, 

and rounded to the nearest one-eighth 

of 1 percent. 

SEC. 2379. AUTHORIZATION OF 

APPROPRIATIONS AND SPENDING 

AUTHORITY

(a) AUTHORIZATION OF APPROPRIATIONS.—Except as provided in 

subsection (b) of this section, there are 

authorized to be appropriated—

(1) an amount not to exceed 5 percent of the sum of— 

(A) the sums received by the 

Secretary from sales of timber 

and other products of the forests; 

and 

(B) user fees paid in connection 

with the use of forest lands; and 

(2) such additional sums as may be 

necessary to carry out the purposes 

of this subchapter. 

(b) LIMITATION ON AUTHORIZATION.—Subsection (a) of this section 

shall not in any way affect payments to 

the States pursuant to section 500 of 

Title16. 

(c) SPENDING AUTHORITY.—Any 

spending authority (as defined in 

section 651 of Title 2) provided in this 

subchapter shall be effective for any 

fiscal year only to such extent or in 

such amounts as are provided in appropriation Acts.

RURAL DEVELOPMENT

The Rural Development component 

of the Economic Action Programs 

within the USDA Forest Service was 

established in 1989 following the direction in the Report of the Senate 

Committee on Appropriations considering the Forest Service’s State 

and Private Forestry appropriation 

(Senate Report No. 100-410, July 6, 

1988, Appropriations Committee). The 

direction provided for an “economic 

diversification through rural development initiative.” This language carried 

with it a specific allocation and broad 

direction for its implementation. The 

Senate Committee on Appropriations 

Report was subsequently accepted in 

conference. For legislative authority 

and history see P.L 100-446, 1989 and 

P.L. 107-63, 2001.

For more explicit information regarding the conduct of rural development 

programs this publication includes in 

Appendix A, the October 24, 2000 letter 
44

from the Chief Operating Office of the 

USDA Forest Service to Line Officers 

outlining the authority for a rural development program along with the 

accompanying guidelines which were 

enclosed with the correspondence.
45

PART III

FOREST PRODUCTS CONSERVATION AND RECYCLING 

PROGRAM AUTHORITIES

MODERN TIMBER BRIDGE 

INITIATIVE.—Signed by President and 

Became Public Law No: 101-624 on 

11/28/1990.

SECTION 1. SHORT TITLE

(Short Title.—This Act may be cited as 

the ‘Food, Agriculture, Conservation, 

and Trade Act of 1990).

Title XII.—State And Private Forestry, 

Subtitle B.—Research And Education, 

Chapter 2.—Specialized Research. 

Sec. 1241, Research And Utilization.

SEC. 9. RECYCLING RESEARCH.

(a) FINDINGS.—Congress finds that—

(1) the United States is amassing 

vast amounts of solid wastes, which 

is presenting an increasing problem 

for municipalities in locating suitable 

disposal sites;

(2) a large proportion of these 

wastes consists of paper and other 

wood wastes;

(3) less than one-third of these paper and wood wastes are recycled;

(4) additional recycling would result 

in reduced solid waste landfill 

disposal and would contribute to a 

reduced rate of removal of standing 

timber from forest lands; and

(5) additional research is needed 

to develop technological advances 

to address barriers to increased 

recycling of paper and wood wastes 

and utilization of products consisting 

of recycled materials.

(b) RECYCLING RESEARCH PROGRAM.—The Secretary is authorized 

to conduct, support, and cooperate 

in an expanded wood fiber recycling 

research program, including the acquisition of necessary equipment. The 

Secretary shall seek to ensure that the 

program includes the cooperation and 

support of private industry and that 

program goals include the application of such research to industry and 

consumer needs. 

(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to any other 

funds made available to implement 

section 3 of this Act, for the 5-year 

period beginning on October 1, 1990, 

there are authorized to be appropriated 

annually $10,000,000 to implement 

this section.

(d) MODERN TIMBER BRIDGE INITIATIVE.— 

(1) IN GENERAL.—The Secretary 

of Agriculture is authorized to continue the Modern Timber Bridge Initiative to provide Federal funds, on 

a cost share basis as determined by 

the Secretary, for the construction 

of demonstration bridges, modern 

bridge technology transfer projects, 

and conferences.

(2) APPROPRIATIONS.—There are 

hereby authorized to be appropriated annually $5,000,000 to carry 

out this subsection.

NOTE: For additional program 

authorities in support of Forest 

Products Conservation and Recycling see the Cooperative Forestry 

Assistance Act, 1978, 16 U.S.C. 

2101, 2104-2105.
46

PART IV

WATERSHED RESTORATION AND ENHANCEMENT 

(WYDEN AMENDMENT AUTHORITIES FOR NFS RELATED WORK 

ON OTHER LANDS)

Public Law 105-277, October 1, 1998, 

Title III, General Provisions Sec. 323 

set up the general authority. It was 

amended by Public Law 107-63, 

November 5, 2001, General Provisions, 

Sec. 330. The amendment extended 

the authority until 2005.

TITLE III—GENERAL PROVISIONS

Sec. 323. NOTE: 16 U.S.C. 1011 

note.

(a) WATERSHED RESTORATION 

AND ENHANCEMENT AGREEMENTS.—For fiscal year 1999, 2000, 

and 2001, to the extent funds are 

otherwise available, appropriations 

for the Forest Service may be used 

by the Secretary of Agriculture for the 

purpose of entering into cooperative 

agreements with willing Federal, tribal, 

State and local governments, private 

and nonprofit entities and landowners for the protection, restoration and 

enhancement of fish and wildlife habitat, and other resources on public or 

private land, the reduction of risk from 

natural disaster where public safety is 

threatened, or a combination thereof 

or both that benefit these resources 

within the watershed.

(b) DIRECT AND INDIRECT WATERSHED AGREEMENTS.—The 

Secretary of Agriculture may enter into 

a watershed restoration and enhancement agreement.—

(1) directly with a willing private 

landowner; or

(2) indirectly through an agreement 

with a State, local or tribal government or other public entity, educational institution, or private nonprofit 

organization.

(c) TERMS AND CONDITIONS.—In 

order for the Secretary to enter into a 

watershed restoration and enhancement agreement.—

(1) the agreement shall—

(A) include such terms and conditions mutually agreed to by the 

Secretary and the landowner, 

state or local government, or 

private or nonprofit entity;

(B) improve the viability of and 

otherwise benefit the fish, wildlife, 

and other resources on national 

forests lands within the watershed;

(C) authorize the provision of 

technical assistance by the Secretary in the planning of management activities that will further the 

purposes of the agreement;

(D) provide for the sharing of 

costs of implementing the agreement among the Federal Government, the landowner(s), and 

other entities, as mutually agreed 

on by the affected interests; and

(E) ensure that any expenditure 

by the Secretary pursuant to 

the agreement is determined by 

the Secretary to be in the public 

interest; and

(2) the Secretary may require such 

other terms and conditions as are 

necessary to protect the public 

investment on non-Federal lands, 

provided such terms and conditions 

are mutually agreed to by the Secretary and other landowners, State 

and local governments or both.

(d) REPORTING REQUIREMENTS.—

Not later than December 31, 1999, the 

Secretary shall submit a report to the 
47

Committees on Appropriations of the 

House and Senate, which contains—

(1) A concise description of each 

project, including the project 

purpose, location on federal and 

non-federal land, key activities, and 

all parties to the agreement.

(2) the funding and/or other contributions provided by each party for 

each project agreement.

Extension through 2005

P.L. 107-63, Title III, SEC. 330. 

October 19, 1999—Section 323(a) 

of the Department of the Interior and 

Related Agencies Appropriations Act, 

1999, as included in Public Law 105-

277, Div. A, section 101(e) is amended 

by inserting ‘and fiscal years 2002 

through 2005,’ before ‘to the extent 

funds are otherwise available’.

Note.—For further guidance on the 

use of this watershed restoration and 

enhancement authority readers are advised to consult Forest Service Manual 

(FSM), Chapter 1500—External 

Relations and Chapter 1580—Grants, 

Cooperative Agreements, and Other 

Agreements as spelled out in Interim 

Directive No.: 1580-2002-1: Effective 

Date: October 25, 2002.
48

PART V

BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM

Public Law 108-148, 16 U.S.C. 

6531, Dec. 3, 2003. Healthy Forest 

Restoration Act, SEC. 203, added 

the following authority for the 

Forest Service to carry out a 

Biomass Commercial Utilization 

Grant Program

SEC. 203. BIOMASS COMMERCIAL 

UTILIZATION GRANT PROGRAM.

(a) IN GENERAL.—In addition to any 

other authority of the Secretary of 

Agriculture to make grants to a person that owns or operates a facility 

that uses biomass as a raw material 

to produce electric energy, sensible 

heat, transportation fuel, or substitutes for petroleum-based products, 

the Secretary may make grants to a 

person that owns or operates a facility that uses biomass for wood-based 

products or other commercial purposes 

to offset the costs incurred to purchase 

biomass.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carryout this section 

$5,000,000 for each of fiscal years 

2004 through 2008.
49

PART VI

TRIBAL WATERSHED FORESTRY ASSISTANCE

Public Law 108-148, 16 U.S.C. 

6542, Dec. 3, 2003. Healthy Forest 

Restoration Act, SEC. 303, added 

the following authority for the 

Forest Service to carry out a Tribal 

Watershed Forestry Assistance 

Program

SEC. 303. TRIBAL WATERSHED 

FORESTRY ASSISTANCE.

(a) IN GENERAL.—The Secretary of 

Agriculture (referred to in this section 

as the “Secretary”), acting through 

the Chief of the Forest Service, shall 

provide technical, financial, and related 

assistance to Indian tribes for the purpose of expanding tribal stewardship 

capacities and activities through tribal 

forestry best-management practices 

and other means at the tribal level to 

address watershed issues on land under the jurisdiction of or administered 

by the Indian tribes.

(b) TECHNICAL ASSISTANCE TO 

PROTECT WATER QUALITY.—

(1) In general.—The Secretary, in 

cooperation with Indian tribes, shall 

develop a program to provide technical assistance to protect water quality, as 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, tribal, and local levels;

(B) to provide tribal forestry 

best-management practices and 

water quality technical assistance 

directly to Indian tribes;

(C) to provide technical guidance 

to tribal land managers and policymakers for water quality protection through forest management;

(D) to complement tribal efforts to 

protect water quality and provide 

enhanced opportunities for consultation and cooperation among 

Federal agencies and tribal entities charged with responsibility 

for water and watershed management; and

(E) to provide enhanced forest 

resource data and support for 

improved implementation and 

monitoring of tribal forestry bestmanagement practices.

(c) WATERSHED FORESTRY PROGRAM.—

(1) In general.—The Secretary 

shall establish a watershed forestry 

program in cooperation with Indian 

tribes.

(2) Programs and projects.—Funds or other support 

provided under the program shall 

be made available for tribal forestry best-management practices 

programs and watershed forestry 

projects.

(3) Annual awards.—The Secretary shall annually make awards 

to Indian tribes to carry out this 

subsection.

(4) Project elements and

objectives.—A watershed forestry project shall accomplish critical forest stewardship, watershed 

protection, and restoration needs 

within land under the jurisdiction of 

or administered by an Indian tribe 

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;

(B) application of and dissemination of monitoring information 

on forestry best-management 
50

practices relating to watershed 

forestry;

(C) watershed-scale forest management activities and conservation planning;

(D) the restoration of wetland 

and stream-side forests and the 

establishment of riparian vegetative buffers; and

(E) tribal-based planning, involvement, and action through 

State, tribal, local, and nonprofit 

partnerships.

(5) Prioritization.—An Indian 

tribe that participates in the program 

under this subsection shall prioritize watersheds in land under the 

jurisdiction of or administered by 

the Indian tribe to target watershed 

forestry projects funded under this 

subsection.

 (6) Watershed forester.—

The Secretary may provide to Indian 

tribes under this section financial 

and technical assistance to establish a position of tribal forester to 

lead tribal programs and coordinate 

small watershed-level projects.

(d) DISTRIBUTION.—The Secretary 

shall devote—

(1) at least 75 percent of the funds 

made available for a fiscal year 

under subsection (e) to the program 

under subsection (c); and

(2) the remainder of the funds to 

deliver technical assistance, education, and planning in the field to 

Indian tribes.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carryout this section 

$2,500,000 for each of fiscal years 

2004 through 2008.
51

PART VII

Hispanic-Serving Institution Agricultural Land

National Resources Leadership Program

TITLE 16 CHAPTER 36 

SUBCHAPTER II 

1649a. Hispanic-serving institution 

agricultural land national resources 

leadership program.

(a) Definition of Hispanic-serving institution.—In this section, 

the term “Hispanic-serving institution” 

has the meaning given that term in 

section 1101a (a)(5) of title 20.

(b) Grant Authority.—The Secretary of Agriculture may make grants, 

on a competitive basis, to Hispanicserving institutions for the purpose 

of establishing an undergraduate 

scholarship program to assist in the 

recruitment, retention, and training of 

Hispanics and other under-represented 

groups in forestry and related fields.

(c) Use of grant funds.—Grants 

made under this section shall be used 

to recruit, retain, train, and develop 

professionals to work in forestry and 

related fields with Federal agencies, 

such as the Forest Service, State 

agencies, and private-sector entities.

(d) Authorization of appropriations.—There are authorized to be 

appropriated to the Secretary for each 

of fiscal years 2008 through 2012 such 

sums as may be necessary to carry 

out this section.
52

PART VIII

Forest Biomass For Energy Authorities

(Woody Biomass)

Public Law 110-246, 7 U.S.C. 107, 

Feb. 2, 2010. Food, Conservation, 

and Energy Act of 2008, SECs. 

8101, 8111, 8112, and 8113 added 

language and authority for woody 

biomass utilization.

TITLE 7 CHAPTER 107

8101. Definitions

(12) Renewable biomass.—

The term “renewable biomass” 

means—

(A) materials, pre-commercial 

thinnings, or invasive species 

from National Forest System land 

and public lands (as defined in 

section 1702 of title 43) that—

(i) are byproducts of preventive treatments that are 

removed—

(I) to reduce hazardous 

fuels;

(II) to reduce or contain disease or insect infestation; or

(III) to restore ecosystem 

health;

(ii) would not otherwise be 

used for higher-value products; and

(iii) are harvested in accordance with—

(I) applicable law and land 

management plans; and

(II) the requirements for—

(aa) old-growth maintenance, restoration, and 

management direction of 

paragraphs (2), (3), and 

(4) of subsection (e) of 

section 6512 of title 16; 

and

(bb) large-tree retention 

of subsection (f) of that 

section; or

(B) any organic matter that is 

available on a renewable or 

recurring basis from non-Federal 

land or land belonging to an 

Indian or Indian tribe that is held 

in trust by the United States or 

subject to a restriction against 

alienation imposed by the United 

States, including—

(i) renewable plant material, 

including—

(I) feed grains;

(II) other agricultural commodities;

(III) other plants and trees; 

and

(IV) algae; and

(ii) waste material, including—

(I) crop residue;

(II) other vegetative waste 

material (including wood 

waste and wood residues);

(III) animal waste and 

byproducts (including fats, 

oils, greases, and manure); 

and

(IV) food waste and yard 

waste.

(13) Renewable energy

The term “renewable energy” 

means energy derived from—

(A) a wind, solar, renewable 

biomass, ocean (including tidal, 

wave, current, and thermal), 

geothermal, or hydroelectric 

source; or

(B) hydrogen derived from renewable biomass or water using 

an energy source described in 

subparagraph (A).

8111. Biomass Crop Assistance 

Program

(a) Definitions.—In this section:
53

(1) BCAP.—The term “BCAP” 

means the Biomass Crop Assistance Program established under 

this section.

(2) BCAP project area.—The 

term “BCAP project area” means an 

area that—

(A) Has specified boundaries 

that are submitted to the Secretary by the project sponsor and 

subsequently approved by the 

Secretary;

(B) Includes producers with contract acreage that will supply a 

portion of the renewable biomass 

conversion facility; and

(C) Is physically located within an 

economically practicable distance 

from the biomass conversion 

facility.

(3) Contract acreage.—The 

term “contract acreage” means 

eligible land that is covered by a 

BCAP contract entered into with the 

Secretary.

(4) Eligible crop.—

(A) In general.—The term 

“eligible crop” means a crop of 

renewable biomass.

(B) Exclusions.—The term 

“eligible crop” does not include—

(i) any crop that is eligible to 

receive payments under title I of 

the Food, Conservation, and Energy Act of 2008[7 U.S.C. 8701 et 

seq.] or an amendment made by 

that title; or

(ii) any plant that is invasive or noxious or has the 

potential to become invasive 

or noxious, as determined by 

the Secretary, in consultation 

with other appropriate Federal 

or State departments and 

agencies.

(5) Eligible land.—

(A) In general.—The term 

“eligible land” includes agricultural and nonindustrial private 

forest lands (as defined in section 

2103a (c) of title 16).

(B) Exclusions.—The term 

“eligible lands” does not include—

(i) Federal-or State-owned 

land;

(ii) Land that is native sod, as 

of the date of enactment of 

the Food, Conservation, and 

Energy Act of 2008;

(iii) Land enrolled in the 

conservation reserve program 

established under subchapter 

B of chapter 1 of subtitle D of 

title XII of the Food Security 

Act of 1985 (16 U.S.C. 3831 

et seq.);

(iv) Land enrolled in the 

wetlands reserve program 

established under subchapter 

C of chapter 1 of subtitle D of 

title XII of that Act (16 U.S.C. 

3837 et seq.); or

(v) Land enrolled in the 

grassland reserve program 

established under subchapter 

D of chapter 2 of subtitle D of 

title XII of that Act (16 U.S.C. 

3838n et seq.).

(6) Eligible material.—

(A) In general.—The term 

“eligible material” means renewable biomass.

(B) Exclusions.—The term 

“eligible material” does not 

include—

(i) any crop that is eligible to 

receive payments under title 

I of the Food, Conservation, 

and Energy Act of 2008[7 

U.S.C. 8701 et seq.] or an 

amendment made by that 

title;

(ii) animal waste and byproducts (including fats, oils, 

greases, and manure);

(iii) food waste and yard 

waste; or

(iv) algae.

(7) Producer.—The term “producer” means an owner or operator 

of contract acreage that is physically 

located within a BCAP project area.
54

(8) Project Sponsor.—The 

term “project sponsor” means—

(A) A group of producers; or

(B) A biomass conversion facility.

(b) Establishment and purpose.—The Secretary shall establish 

and administer a Biomass Crop Assistance Program to—

(1) Support the establishment and 

production of eligible crops for 

conversion to bioenergy in selected 

BCAP project areas; and

(2) Assist agricultural and forest 

land owners and operators with 

collection, harvest, storage, and 

transportation of eligible material for 

use in a biomass conversion facility.

(c) BCAP project area.—

(1) In general.—The Secretary 

shall provide financial assistance 

to producers of eligible crops in a 

BCAP project area.

(2) Selection of project

areas.—

(A) In general.—To be considered for selection as a BCAP 

project area, a project sponsor 

shall submit to the Secretary 

a proposal that includes, at a 

minimum—

(i) a description of the eligible 

land and eligible crops of 

each producer that will participate in the proposed BCAP 

project area;

(ii) a letter of commitment 

from a biomass conversion 

facility that the facility will use 

the eligible crops intended to 

be produced in the proposed 

BCAP project area;

(iii) evidence that the biomass conversion facility has 

sufficient equity available, as 

determined by the Secretary, 

if the biomass conversion facility is not operational at the 

time the proposal is submitted 

to the Secretary; and

(iv) any other appropriate information about the biomass 

conversion facility or proposed biomass conversion facility that gives the Secretary 

a reasonable assurance that 

the plant will be in operation 

by the time that the eligible 

crops are ready for harvest.

(B) BCAP project area

selection criteria.—In 

selecting BCAP project areas, the 

Secretary shall consider—

(i) The volume of the eligible crops proposed to be 

produced in the proposed 

BCAP project area and the 

probability that such crops will 

be used for the purposes of 

the BCAP;

(ii) The volume of renewable 

biomass projected to be available from sources other than 

the eligible crops grown on 

contract areas;

(iii) The anticipated economic 

impact in the proposed BCAP 

project area;

(iv) The opportunity for producers and local investors to 

participate in the ownership 

of the biomass conversion 

facility in the proposed BCAP 

project area;

(v) The participation rate by—

(I) beginning farmers or 

ranchers (as defined in accordance with section 1991 

(a) of this title); or

(II) socially disadvantaged 

farmers or ranchers (as 

defined in section 2279 (e) 

of this title);

(vi) the impact on soil, water, 

and related resources;

(vii) the variety in biomass 

production approaches within 

a project area, including (as 

appropriate)—
55

(I) agronomic conditions;

(II) harvest and post harvest; (III) practices; and

monoculture and polyculture crop mixes;

(viii) the range of eligible 

crops among project areas; 

and

(ix) any additional information, 

as determined by the Secretary.

(3) Contract.—

(A) In general.—On approval 

of a BCAP project area by the 

Secretary, each producer in the 

BCAP project area shall enter 

into a contract directly with the 

Secretary.

(B) Minimum Terms.—At a 

minimum contracts shall include 

terms that cover—

(i) An agreement to make 

available to the Secretary, or 

to an institution of higher education or other entity designated by the Secretary, such 

information as the Secretary 

considers to be appropriate to 

promote the production of eligible crops and the development of biomass conversion 

technology;

(ii) Compliance with the highly 

erodible land conservation 

requirements of subtitle B of 

title XII of the Food Security 

Act of 1985 (16 U.S.C. 3811 

et seq.) and the wetland 

conservation requirements of 

subtitle C of title XII of that Act 

(16 U.S.C. 3821 et seq.);

(iii) The implementation of (as 

determined by the Secretary)—

(I) a conservation plan; or

(II) a Forest Stewardship 

Plan or an equivalent plan;

and

(iv) Any additional requirement the Secretary considers 

appropriate.

(C) Duration.—A contract 

under this subsection shall have 

a term of up to—

(i) 5 years for annual and 

perennial crops; or

(ii) 15 years for woody biomass.

(4) Relationship to other

programs.—In carrying out this 

subsection, the Secretary shall provide for the preservation of cropland 

base and yield history applicable 

to the land enrolled in a BCAP 

contract.

(5) Payments.—

(A) In general.—The Secretary shall make establishment 

and annual payments directly to 

producers to support the establishment and production of eligible crops on contract acreage.

(B) Amount of establishment payments.—The 

amount of an establishment payment under this subsection shall 

be up to 75 percent of the costs 

of establishing an eligible perennial crop covered by the contract, 

including—

(i)The cost of seeds and stock 

for perennials;

(ii) The cost of planting the 

perennial crop, as determined 

by the Secretary; and

(iii) In the case of nonindustrial private forestland, the 

costs of site preparation and 

tree planting.

(C) Amount of annual

payments.—

(i) In general subject to clause 

(ii), the amount of an annual 

payment under this subsection 

shall be determined by the 

Secretary.

(ii) Reduction The Secretary 

shall reduce an annual payment by an amount determined to be appropriate by 

the Secretary, if—
56

(I) An eligible crop is used 

for purposes other than the 

production of energy at the 

biomass conversion facility;

(II) An eligible crop is delivered to the biomass conversion facility;

(III) The producer receives payment under subsection (d);

(IV) The producer violates a 

term of the contract;or

(V) There are such other 

circumstances, as determined by the Secretary to 

be necessary to carry out 

this section.

(d) Assistance with collection, harvest, storage, and

transportation.—

(1) In general.—The Secretary 

shall make a payment for the delivery of eligible material to a biomass 

conversion facility to—

(A) A producer of an eligible crop 

that is produced on BCAP contract acreage; or

(B) A person with the right to collect or harvest eligible material.

(2) Payments.—

(A) Costs covered.—A payment under this subsection shall 

be in an amount described in 

subparagraph (B) for—

(i) collection;

(ii) harvest;

(iii) storage; and

(iv) transportation to a biomas 

conversion facility.

(B) Amount.—Subject to 

paragraph (3), the Secretary may 

provide matching payments at 

a rate of $1 for each $1 per ton 

provided by the biomass conversion facility, in an amount equal 

to not more than $45 per ton for a 

period of 2 years.

(3) Limitation on assistance

for BCAP contract acreage.—As a condition of the receipt 

of annual payment under subsection 

(c), a producer receiving a payment 

under this subsection for collection, 

harvest, storage or transportation of 

an eligible crop produced on BCAP 

acreage shall agree to a reduction 

in the annual payment.

(e) Report.—Not later than 4 years 

after the date of enactment of the 

Food, Conservation, and Energy Act of 

2008, the Secretary shall submit to the 

Committee on Agriculture of the House 

of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry 

of the Senate a report on the dissemination by the Secretary of the best 

practice data and information gathered 

from participants receiving assistance 

under this section.

(f) Funding.—Of the funds of the 

Commodity Credit Corporation, the 

Secretary shall use to carry out this 

section such sums as are necessary 

for each of fiscal years 2008-2012.

TITLE 7 CHAPTER 107 

8112. Forest biomass for energy

(a) In general.—The Secretary, acting through the Forest Service, shall 

conduct a competitive research and 

development program to encourage 

use of forest biomass for energy.

(b) Eligible entities.—Entities 

eligible to compete under the program 

under this section include—

(1) The Forest Service (acting 

through Research and Development);

(2) Other Federal agencies;

(3) State and local governments;

(4) Indian Tribes;

(5) Land-grant colleges and universities; and

(6) Private entities.

(c) Priority for project selection.—In carrying out this section, the 

Secretary shall give priority to projects 

that—
57

(1) Develop technology and techniques to use low–value forest biomass, such as byproducts of forest 

health treatments and hazardous 

fuels reduction, for the production of 

energy;

(2) Develop processes that integrate 

production of energy from forest 

biomass into biorefineries or other 

existing manufacturing streams;

(3) Develop new transportation fuels 

from forest biomass; and

(4) Improve the growth and yield of 

trees intended for renewable energy 

production.

(d) Authorization of appropriations.

There is authorized to be appropriated 

to carry out this section $15,000,000 

for each of fiscal years 2009–2012.

TITLE 7 CHAPTER 107 

8113. Community wood energy 

program

(a) Definitions.—In this section:

(1) Community wood energy

plan.—The term “community wood 

energy plan” means an assessment 

of—

(A) Available feedstocks necessary to supply a community wood 

energy system; and

(B) The long-term feasibility of 

supplying and operating a community wood energy system.

(2) Community wood energy

system.—

(A) In general.—The term 

“community wood energy system” 

means an energy system that—

(i) Primarily services public facilities owned or operated by 

State or local governments, 

including schools, town halls, 

libraries, and other public 

buildings; and

(ii) Uses woody biomass as 

the primary fuel.

(B) Inclusions.—The term 

“community wood energy system” 

includes single facility central 

heating, district heating, combined 

heat and energy systems, and 

other related biomass energy 

systems.

(b) Grant program.—

(1) In general.—The Secretary, 

acting through the Chief of the 

Forest Service, shall establish a 

program to be known as the “Community Wood Energy Program” to 

provide—

(A) Grants of up to $50,000 to 

State and local governments (or 

designees) to develop community 

wood energy plans; and

(B) Competitive grants to State 

and local governments to acquire 

or upgrade community wood 

energy systems.

(2) Considerations.—In selecting applicants for grants under 

paragraph (1)(B), the Secretary 

shall consider-—

(A) The energy efficiency of the 

proposed system;

(B) The cost effectiveness of the 

proposed system;

(C) Other conservation and 

environmental criteria that the 

Secretary considers appropriate.

(3) Use of plan.—A State or local government applying to receive 

a competitive grant described in 

paragraph (1)(B) shall submit to the 

Secretary as part of the grant application the applicable community 

wood energy plan.

(c) Limitation.—A community wood 

energy system acquired with grant 

funds provided under subsection (b)(1)

(B) shall not exceed an output of—

(1) 50,000,000 Btu per hour for 

heating; and

(2) 2 megawatts for electric power 

production.

(d) Matching funds.—A State or 

local government that receives a grant 

under subsection (b) shall contribute an 

amount of non-Federal funds towards 

the development of the community 
58

wood energy plan, or acquisition of the 

community wood energy systems that 

is at least equal to the amount of grant 

funds received by the State or local 

government under that subsection.

(e) Authorization of appropriations.—There is authorized to be 

appropriated to carry out this section 

$5,000,000 for each of fiscal years 

2009–2012.
59

PART IX

ENVIRONMENTAL SERVICE MARKETS AUTHORITIES

Public Law 99-198, 16 U.S.C. 3845, 

Dec. 23, 1985, Food Security Act 

of 1985, set up the general authority. It was amended by Public Law 

110-246, June 18, 2008, Food, 

Conservation, and Energy Act of 

2008, Sec. 4(a), title II, Sec. 2709.

TITLE 16 CHAPTER 58 

SUBCHAPTER V

3845. Environmental services 

markets [16 U.S.C 3845]

(a) Technical guidelines required.—The Secretary shall establish technical guidelines that outline 

science-based methods to measure 

the environmental services benefits 

from conservation and land management activities in order to facilitate 

the participation of farmers, ranchers, 

and forest land owners in emerging 

environmental services markets. The 

Secretary shall give priority to the 

establishment of guidelines related to 

farmer, rancher, and forest landowner 

participation in carbon markets.

(b) Establishment.—The Secretary shall establish guidelines under 

subsection (a) for use in developing 

the following:

(1) A procedure to measure environmental service benefits.

(2) A protocol to report environmental services benefits.

(3) A registry to collect, record and 

maintain the benefits measured.

(c) Verification requirements.—

(1) Verification of reports.—

The Secretary shall establish guidelines for a process to verify that a 

farmer, rancher, or forest landowner 

who reports an environmental 

services benefit pursuant to the 

protocol required by paragraph (2) 

of subsection (b) for inclusion in the 

registry required by paragraph (3) of 

such subsection has implemented 

the conservation or land management activity covered by the report.

(2) Role of third parties.—

In establishing the verification 

guidelines required by paragraph 

(1), the Secretary shall consider the 

role of third-parties in conducting 

independent verification of benefits 

produced for environmental services 

markets and other functions, as 

determined by the Secretary.

(d) Use of existing information.—In carrying out subsection (b), 

the Secretary shall build on activities or 

information in existence on the date of 

the enactment of the Food, Conservation, and Energy Act of 2008 regarding 

environmental services markets.

(e) Consultation.—In carrying out 

the section, the Secretary shall consult 

with the following:

(1) Federal and State government 

agencies.

(2) Nongovernmental interests 

including—

(A) farm, ranch, and forestry 

producers;

(B) financial institutions involved 

in environmental services trading;

(C) institutions of higher education with relevant expertise or 

experience;

(D) nongovernmental organizations with relevant expertise or 

experience; and

(E) private sector representatives 

with relevant expertise or experience.

(3) Other interested persons, as 

determined by the Secretary.
60

PART X

PEST AND DISEASE REVOLVING LOAN FUND AUTHORITIES

Public Law 110-246, 16 U.S.C. 2104a, 

June 18, 2008, Food, Conservation, 

and Energy Act of 2008, Sec. 4(a), 

title X, Sec. 10205, set up the general authority.

TITLE 16 CHAPTER 41 

2104a. Pest and Disease Revolving 

Loan Fund [16 U.S.C 2104a]

(a) Definitions.—In this section:

(1) Authorized equipment.—

(A) In general.—The Term 

“authorized equipment” means 

any equipment necessary for the 

management of forest land.

(B) Inclusions.—The term 

“authorized equipment” includes–

(i) cherry pickers

(ii) equipment necessary for—

(I) the construction of staging and marshalling areas;

(II) The planting of trees; 

and

(III) The surveying of forest 

land;

(iii) Vehicles capable of transporting harvested trees;

(iv) Wood chippers; and

(v) Any other appropriate 

equipment, as determined by 

the Secretary.

(2) Fund.—The term ”Fund” means 

the Pest and Disease Revolving 

Loan Fund established by subsection (b).

(3) Secretary.—The term 

”Secretary” means the Secretary 

of Agriculture, acting through the 

Deputy Chief of the State and Private Forestry organization.

(b) Establishment of Fund.—

There is established in the Treasury 

of the United States a revolving fund, 

to be known as the “Pest and Disease 

Revolving Loan Fund”, consisting of 

such amounts as the Secretary determines are necessary to provide loans 

under subsection (f).

(c) Expenditures from Fund.—

(1) In general.—Subject to 

paragraph (2), on request by the 

Secretary, the Secretary of the Treasury shall transfer from the Fund to 

the Secretary such amounts as the 

Secretary determines are necessary 

to provide loans under subsection (e).

(2) Administrative expenses.—An amount not exceeding 

10 percent of the amounts in the 

Fund shall be available for each 

fiscal year to pay the administrative 

expenses necessary to carry out 

this section.

(d) Transfers of amounts.—

(1) In general.—The amounts 

required to be transferred to the 

Fund under this section shall be 

transferred at least monthly from 

the general fund of the Treasury to 

the Fund on the basis of estimates 

made by the Secretary of the Treasury.

(2) Adjustments.—Proper adjustments shall be made in amounts 

subsequently transferred to the extent prior estimates were in excess 

of or less than the amounts required 

to be transferred.

(e) Uses of Fund.—

(1) Loans.—

(A) In general.—The Secretary shall use amounts in the 

Fund to provide loans to eligible 

units of local government to 

finance purchases of authorized 

equipment to monitor, remove, 

dispose of, and replace infested 

trees that are located—
61

(i) On land under the jurisdiction of the eligible units of 

local government; and

(ii) Within the borders of 

quarantine areas infested by 

plant pests.

(B) Maximum amount.—The 

maximum amount of a loan that 

may be provided by the Secretary 

to an eligible unit of local government under this subsection shall 

be the lesser of—

(i) The amount that the eligible unit of local government 

has appropriated to finance 

purchases of authorized 

equipment in accordance with 

subparagraph (A); or

(ii) $5,000,000

(C) Interest rate.—The 

interest rate on any loan made by 

the Secretary under this paragraph shall be a rate equal to 2 

percent.

(D) Report.—Not later than 180 

days after the date on which an 

eligible unit of local government 

receives a loan provided by the 

Secretary under subparagraph 

(A), the eligible unit of local 

government shall submit to the 

Secretary a report that describes 

each purchase made by the eligible unit of local government using assistance provided through 

the loan.

(2) Loan repayment

schedule.—

(A) In general.—To be eligible 

to receive a loan from the Secretary 

under paragraph (1), in accordance 

with each requirement described 

in subparagraph (B), an eligible 

unit of local government shall 

enter into an agreement with 

the Secretary to establish a loan 

repayment schedule relating to 

the repayment of the loan.

(B) Requirements relating to loan repayment

schedule.—A loan repayment 

schedule established under 

subparagraph (A) shall require 

the eligible unit of local government—

(i) To repay to the Secretary 

of the Treasury, not later than 

1 year after the date on which 

the eligible unit of local government receives loan under 

paragraph (1), and semiannually thereafter, an amount 

equal to the quotient obtained 

by dividing—

(I) The principal amount of 

the loan (including interest); 

by

(II) The total quantity of 

payments that the eligible 

unit of local government 

is required to make during 

the repayment period of the 

loan; and

(ii) Not later than 20 years 

after the date on which the 

eligible unit of local government receives a loan under 

paragraph (1), to complete 

repayment to the Secretary of 

the Treasury of the loan made 

under this section (including 

interest).

(f) Authorizations of appropriations.—There are authorized to be 

appropriated to the Fund such sums as 

are necessary to carry out this section.
62

Authorities for Forest Service Fire 

Mission

Federal agencies must have explicit 

authority to perform functions. These 

authorities must be supported by law. 

The ability to acquire Federal resources is based on these authorities, supported by State and local agreements. 

By law, Federal entities are not involved in inter- or intrastate compacts.

These are the authorities related to the 

Forest Service fire mission:

Weeks Act (36 Stat. 961): Authorizes 

the Secretary of Agriculture to “Examine,

locate and recommend for purchase...

such lands within the watersheds of 

navigable streams as...may be necessary to the regulation of flow of navigable streams...” The Act further states 

that lands so acquired will be reserved 

and administered as national forests. 

The Act also provided for cooperation 

in fire control between federal and state 

authorities, and authorized matching funds for State forest protection 

agencies that met government (Forest 

Service) standards.

Clarke-McNary Act (Ch. 348, 

43 Stat. 653): Substantially expanded 

and modified the Weeks Act and authorizes the Secretary of Agriculture to 

work cooperatively with State officials 

for better forest and grants to states 

for forest fire control were authorized. 

(NOTE: In 1978, Section 2 of the 

Clark-McNary Act was superseded by 

Section 7 of the Cooperative Forestry 

Assistance Act [PL 95-313]. This Act 

provided for the Federal Government 

to provide technical assistance and 

grants to states for protection, chiefly 

in fire control and water resources. It 

was the authority for which Federal 

assistance purposes of wild land and 

rural community fire prevention and 

suppression control.)

Economy Act (31 U.S.C. 1535): 

Authorizes Federal agencies to provide 

goods or services, on a reimbursable 

basis, to other Federal agencies when 

more specific statutory authority does 

not exist.

Intergovernmental Cooperation Act 

(31 U.S.C. 6505): Authorizes Federal 

agencies to provide specialized or 

technical services to State, Tribal, and 

local governments. Services must be 

functions that the Federal agency is 

especially equipped and authorized by 

law to perform. The parties must have 

a valid reimbursable agreement in 

place before incurring obligations and 

expenditures. Services may not be 

provided unless the agency providing 

the services is providing similar services for its own use, and services cannot 

be provided reasonably and expeditiously by the requesting entity through 

ordinary business channels.

Rural Fire Prevention and Control 

Act (16 U.S.C. 2106): Authorizes the 

Secretary of Agriculture to 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, and to 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: 1) for the 

prevention, control, suppression, and 

prescribed use of fires on non-Federal 

forest lands and other non-Federal 

lands; 2) to organize, train, and equip 

PART XI

Cooperative Fire Assistance Programs
63

local firefighting forces 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; 

and 3) 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.

Reciprocal Fire Protection Act (42 

U.S.C. 15A.I): Authorizes each agency 

head charged with the duty of providing 

fire protection for any property of the 

U.S. to enter into a reciprocal agreement with any fire organization maintaining fire protection facilities. Provides 

for the reimbursement of any party for 

all or any part of the cost incurred by 

such party in furnishing fire protection 

for or on behalf of any other party.

Cooperative Forestry Assistance 

Act of 1978 (16 U.S.C. 2103c): 

Revised the authorities of the ClarkeMcNary Act and authorizes the 

Secretary of Agriculture to establish 

a variety of cooperative programs to 

protect and manage non-Federal forest 

lands, including rural fire emergency 

support to States.

Executive Order 10427: Federal 

disaster assistance is intended to support, not supplant, local resources.

Robert T. Stafford Disaster Relief 

and Emergency Assistance Act 

(P.L. 100-707): Provides the statutory 

framework for a Presidential declaration of an emergency or a declaration 

of a major disaster, and describes the 

programs and processes by which the 

Federal Government provides disaster 

and emergency assistance to State 

and local governments, tribal nations, 

eligible private nonprofit organizations, 

and individuals affected by a declared 

major disaster or emergency. The 

Stafford Act structure for the declaration process reflects the fact that federal resources under this act supplement 

state and local resources for disaster 

relief and recovery. The Stafford Act 

covers all hazards, including natural 

disasters and terrorist events.

Temporary Emergency Wildfire 

Suppression Act (102 Stat. 1615): 

Authorizes the Secretary of the Interior 

and the Secretary of Agriculture to 

enter into agreements with foreign fire 

organizations for wildfire protection, to 

furnish or accept emergency wildfire 

protection resources from foreign fire 

organizations, and to incur obligations for reimbursement to Canada or 

Canadian organizations in furnishing 

U.S. wildfire protection resources.

Wildfire Suppression Assistance 

Act (P.L. 101-11): Makes Temporary 

Emergency Wildfire Suppression Act 

permanent.

42 U.S.C. §1856a

Sec. 1856a. Authority to enter into 

reciprocal agreement; waiver of 

claims; reimbursement; ratification 

of prior agreements.

(a) Each agency head charged with 

the duty of providing fire protection for 

any property of the United States is 

authorized to enter into a reciprocal 

agreement, with any fire organization 

maintaining fire protection facilities in 

the vicinity of such property, for mutual aid in furnishing fire protection for 

such property and for other property 

for which such organization normally 

provides fire protection. Each such 

agreement shall include a waiver by 

each party of all claims against every 

other party for compensation for any 

loss, damage, personal injury, or death 

occurring in consequence of the performance of such agreement. Any such 

agreement may provide for the reimbursement of any party for all or any 

part of the cost incurred by such party
64

in furnishing fire protection for or on 

behalf of any other party.

(b) Any agreement heretofore executed which would have been authorized 

by this subchapter, if this subchapter 

had been in effect on the date of execution thereof, is ratified and confirmed.

Emergency Wildfire Suppression 

Act text

Section Referred To In Other 

Sections 

(a) Reciprocal agreement.—

waiver of claims; termination of agreement; reimbursement 

(1) The Secretary of Agriculture 

or the Secretary of the Interior, in 

consultation with the Secretary of 

State, may enter into a reciprocal 

agreement with any foreign fire organization for mutual aid in furnishing wildfire protection resources for 

lands and other properties for which 

such Secretary or organization normally provides wildfire protection. 

(2) Any agreement entered into 

under this subsection— 

(A) shall include a waiver by each 

party to the agreement of all 

claims against every other party 

to the agreement for compensation for any loss, damage, personal injury, or death occurring in 

consequence of the performance 

of such agreement; 

(B) shall include a provision to 

allow the termination of such 

agreement by any party thereto 

after reasonable notice; and 

(C) may provide for the reimbursement of any party thereto 

for all or any part of the costs 

incurred by such party in furnishing wildfire protection resources 

for, or on behalf of, any other 

party thereto. 

(b) Emergency wildfire protection resources.—furnishing 

or accepting in absence of agreement. 

In the absence of any agreement 

authorized under subsection (a) of this 

section, the Secretary of Agriculture or 

the Secretary of the Interior may— 

(1) furnish emergency wildfire 

protection resources to any foreign 

nation when the furnishing of such 

resources is determined by such 

Secretary to be in the best interest 

of the United States, and 

(2) accept emergency wildfire protection resources from any foreign 

fire organization when the acceptance of such resources is determined by such Secretary to be in the 

best interest of the United States. 

(c) Reimbursement of Canada Notwithstanding the preceding provisions of 

this section, reimbursement may be 

provided for the costs incurred by the 

Government of Canada or a Canadian 

organization in furnishing wildfire protection resources to the Government of 

the United States under—

(1) the memorandum entitled 

“Memorandum of Understanding 

Between the United States Department of Agriculture and Environment Canada on Cooperation in the 

Field of Forestry-Related Programs” 

dated June 25, 1982; and 

(2) the arrangement entitled 

“Arrangement in the Form of an 

Exchange of Notes Between the 

Government of Canada and the 

Government of the United States of 

America” dated May 4, 1982. 

(d) Service in line of duty. Any service 

performed by any employee of the 

United States under an agreement or 

otherwise under this subchapter shall 

constitute service rendered in the line 

of duty in such employment. 

The performance of such service by 

any other individual shall not make 

such individual an employee of the 

United States. 
65

Federal Excess Property ProgramFEPP

State foresters and the USDA Forest 

Service have mutually participated in 

the FEPP program since 1956. This 

participation stems from Forest Service 

authorization to furnish fire control 

stocks to States from Forest Service 

warehouses. When GSA took over 

these warehouses, they agreed, in a 

1956 Memorandum of Understanding, 

to stock and distribute fire control 

equipment and supplies from the GSA 

Federal Supply Service. This formed 

the basis of the Forest Service proposal to GSA to make FEPP available 

to State forestry agencies. After review, 

GSA administratively agreed to extend 

this privilege to State foresters or other 

authorized State officials participating in the Cooperative Fire Protection 

program. 

Program authorities include the 

Federal Property and Administrative 

Services Act of 1949, as amended, 

(40 U.S.C. 483) and the Cooperative 

Forestry Assistance Act of 1978, (16 

U.S.C. 2101 (note)). Other references 

and regulations include the USDA 

Organic Act of 1944, (16 U.S.C. 580a) 

and the Federal Property Management 

Regulations 101-43.309-1; 101-43-

313; and 101-43-314; in (40 U.S.C. 

483). 

Section 10(c) of the Cooperative 

Forestry Assistance Act of 1978 

(P.L. 95-313), directs the Secretary 

of Agriculture to encourage use 

of FEPP by States and local fire 

forces. This was reaffirmed in a 1991 

Memorandum from Kenneth E. Cohen, 

Assistant General Counsel, USDA, to 

L.A. Amicarella, USDA Forest Service 

Fire Director. 

Unlike the Volunteer Fire Assistance 

(VFA) program, which is for the benefit 

of communities with a population at 

or below 10,000, recipients of FEPP 

need only have a wildland or rural fire 

responsibility that satisfies the State 

forester. 

The FEPP program is a separate 

and distinct support facility for the 

Cooperative Fire Protection program. 

The Federal Government may have 

one of three types of relationship with 

non-Federal organizations: grants, 

contracts, and cooperative agreements. The FEPP program is handled 

by a cooperative agreement because 

of the “substantial involvement” between the Forest Service and the 

individual State foresters. When the 

State forester assigns FEPP to a fire 

department or fire district, an additional 

cooperative agreement is required at 

that level. The USDA Forest Service 

cooperates with the fire department or 

fire district only by proxy. 

The following 3 authority documents will need to be accessed via 

the internet due to their length:

Robert T. Stafford act:

http://www.fema.gov/pdf/about/stafford_act.pdf

oil pollution act of 1990

http://epw.senate.gov/opa90.pdf

subchapter J, etc.:

http://www.epa.gov/superfund/policy/

remedy/pdfs/40cfr300.pdf
66

APPENDIX A

Letter Of Authority For The Rural

Development Progam

File Code: 3600 Date: October 24, 2000

Route To: 1580

Subject: Authority for the Rural Development Program

To: Regional Foresters, Station Directors, Area Director, and 

IITF Director

Rural Development, as a component of the Economic Action Programs, has 

been a useful and valuable tool for working with tribal governments, State and 

Federal agencies, State Foresters, local governments, nonprofit organizations, 

and others, to stimulate economic diversification and maximize sustainable local 

economic potential.

The “Rural Development Initiative” was first described in the Senate 

Appropriations Committee Report of the 1989 and 1990 Appropriations Act. 

Each year the State and Private Forestry Appropriations Act authorizes funding 

for the provisions of technical and financial assistance to carryout the program. 

As a reminder, legislative history specifically refers that this assistance is for local 

communities and local cooperators.

The Forest Service received an opinion from the USDA Office of General 

Counsel (OGC) on the legal sufficiency for the Forest Service implementation of 

the Rural Development Program. Following are the highlights of the opinion:

• The authority for grants in Rural Development is the current year 

Appropriation Act. The program may be continued as long as Congress 

appropriates funds. Congressional program direction in prior years’

Appropriation Acts still applies and combined with Forest Service explanatory notes serves as program direction.

• The new Catalog of Federal Domestic Assistance number covering this 

initiative is 10.672 titled, Rural Development, Forestry and Communities.

• An intermediate group can be given the funds (State, tribe or non-profit) 

to perform an assistance program that meets the established Forest 

Service program requirements. Locally generated proposals are intended to have a higher priority than others regardless of whether the Forest 

Service or an intermediary is carrying out the program.

The lack of a clear statutory link has resulted in various interpretations regarding 

the purpose and operation of the Rural Development Program. This clarification 

of the legal basis for the program should provide for consistency in program administration and thereby improve delivery.

The Rural Development Program National Guidelines, incorporating the findings 

of the OGC opinion are enclosed. The Cooperative Forestry Staff will coordinate 
67

with affected staffs to update appropriate sections of the Forest Service manuals 

and handbooks.

If you have any questions concerning the Rural Development authorities, please 

contact Steve Yaddof at (202) 205–1386 or PJ Haar at (703) 605–4776.

/s/ Phil Janik

Chief Operating Officer

Enclosure
68

1 Revised 3/23/00

2

 P.L. 100-446, 102 stat. 1774, 1803, and legislative history.

USDA Forest Service

Rural Development Program National Guidelines1

Background: Challenges face rural communities impacted by dramatic changes 

in federal and state natural resource policies. A community’s economic health, 

cultural and social values are affected by these changes. Managing the nation’s 

forests in a sustainable manner will require the availability of technology and the 

civic capacity in rural communities to adapt to change. Rural areas do not have 

equal access to technological advancements available in the urban centers to 

deal with change and reduce economic adversity. Forest Service rural community 

assistance efforts extend technology, expert assistance, professional knowledge, 

and resources to assist rural communities in meeting the economic, social and 

environmental challenges of the future.

Purpose: Help rural areas to analyze and assess forest resource opportunities, 

review and maximize their local economic potential, and diversify their economic 

base.2

Objectives: The objectives of the Forest Service Rural Development Program 

are to:

• Identify goals and rural development activities that extend or diversify sustainable natural resource use and the ways the Forest Service can support these 

actions.

• Assist economic opportunities that arise from the sustainable use and management of the full range of forest and grassland resources and that are identified through community planning and local action.

• Support local strategic planning objectives in offering such things as expert 

technical and marketing assistance, natural resource assessments and financial assistance to help start and leverage others toward action.

Guidelines: The Forest Service participates in and supports rural community 

assistance efforts of tribal nations, state and federal agencies, State Foresters, 

local governments, not-for-profit organizations, and others by providing financial 

and technical assistance as available. Assistance includes natural resourcebased knowledge in technology transfer, expert technical and marketing assistance and sources thereof, planning, and training to help strengthen civic capacity to manage change.

Forest Service Direction:

• Work in partnership with tribal nations, state and federal agencies, State 

Foresters, local governments, rural communities, not-for-profit organizations, 

and others.

• Provide financial assistance directly to tribal nations, state and local governments, State Foresters, rural communities, not-for-profit organizations, and 
69

3 OGC Natural Resource Div. Opinion, Washington Office, Cooperative Forestry Director 05/03/2000.

others, through grants, cooperative agreements, and interagency agreements that directly help implement strategic action plans, goals and objectives that have been derived and supported locally; and join with other federal agencies through interagency agreements and other arrangements as 

needed to carry out the program purpose.

• Provide national leadership in natural resource-focused rural community assistance work, (which includes strengthening the values of a “place,”) such 

as building economic vitality and social well-being, strengthening civic capacity, and improving ecosystem health.

Authority: Rural Development program funding is appropriated under the Forest 

Service, State and Private Forestry title. As directed by Congress, the Forest 

Service Rural Development program allows funding to be flexible. A wide range 

of authorities complement those methods to extend technical and financial assistance to rural communities, as well as those working with rural communities. The 

authority for Rural Development is—“the Department of the Interior and Related 

Agencies Appropriation Act for the year in which the program activities are carried 

out.”3

 The program work is to be carried out as originally described in legislative 

history of the Department of the Interior and Related Agencies Appropriation Act 

(1989, PL 100-446, 102 stat. 1774, 1803, and subsequent legislative history). 

The Rural Development program is listed in the Catalog of Federal Domestic assistance as number 10.672, Rural Development, Forestry and Communities.

Use of Funds: Rural Development program funding may be allocated for such 

things as: technical assistance; financial assistance in the form of grants for planning, analysis and feasibility studies, and business plans, to name a few; training 

and education; and all costs associated with making these services available to 

tribal nations, state and federal agencies, State Foresters, local governments, rural communities, not-for-profit organizations, and others. Forest Service Region/

Area/Institute policies will further define and focus resources to meet the needs 

of rural communities that these administrative units serve.
70

APPENDIX B

National Agroforestry Research Center

Semiarid Agroforestry Research 

Center

Section 1243 of Pub. L. 101-624 provided that:

(a) Semiarid Agroforestry

Research, Development, and

Demonstration Center.—The 

Secretary of Agriculture shall establish 

at the Forestry Sciences Laboratory 

of the United States Forest Service, in 

Lincoln, Nebraska, a Semiarid Agroforestry Research, Development, and 

Demonstration Center (hereafter referred to in this section as the “Center”) 

and appoint a Director to manage and 

coordinate the program established at 

the Center under subsection (b).

(b) Program.—The Secretary shall 

establish a program at the Center and 

seek the participation of Federal or 

State government entities, land-grant 

colleges or universities, State agriculture experiment stations, State and 

private foresters, the Arbor Day Foundation, and other nonprofit foundations 

in such program to conduct or assist 

research, investigations, studies, and 

surveys to—

(1) develop sustainable agroforestry 

systems on semiarid lands that 

minimize topsoil loss and water contamination and stabilize or enhance 

crop productivity;

(2) adapt, demonstrate, document, 

and model the effectiveness of 

agroforestry systems under different 

farming systems and soil or climate 

conditions;

(3) develop dual use agroforestry 

systems compatible with paragraphs 

(1) and (2) which would provide 

high-value forestry products for commercial sale from semiarid land;

(4) develop and improve the drought 

and pest resistance characteristics 

of trees for conservation forestry 

and agroforestry applications in 

semiarid regions, including the 

introduction and breeding of trees 

suited for the Great Plains region of 

the United States;

(5) develop technology transfer 

programs that increase farmer and 

public acceptance of sustainable 

agroforestry systems;

(6) develop improved windbreak 

and shelterbelt technologies for 

drought preparedness, soil and 

water conservation, environmental 

quality, and biological diversity on 

semiarid lands;

(7) develop technical and economic concepts for sustainable 

agroforestry on semiarid lands, 

including the conduct of economic 

analyses of the costs and benefits 

of agroforestry systems and the 

development of models to predict 

the economic benefits under soil or 

climate conditions;

(8) provide international leadership 

in the development and exchange of 

agroforestry practices on semiarid 

lands worldwide;

(9) support research on the effects 

of agroforestry systems on semiarid 

lands in mitigating nonpoint source 

water pollution;

(10) support research on the design, 

establishment, and maintenance of 

tree and shrub plantings to regulate 

the deposition of snow along roadways; and

(11) Conduct sociological, demographic, and economic studies 

as needed to develop strategies 

for increasing the use of forestry 

conservation and agroforestry 

practices.
71

(c) Information Collection

and dissemination.—The Secretary shall establish at the Center a 

program, to be known as the National 

Clearinghouse on Agroforestry Conservation and Promotion to—

(1) Collect, analyze, and disseminate information on agroforestry 

conservation technologies and 

practices; and

(2) Promote the use of such information by landowners and those organizations associated with forestry 

and tree promotion.

(d) Authorization of Appropriations

There are authorized to be appropriated $5,000,000 annually to carry out 

this section.