II 

109TH CONGRESS 

1ST SESSION S. 941 

To amend the Cooperative Forestry Assistance Act of 1978 to establish 

a program to provide assistance to States and nonprofit organizations 

to preserve suburban forest land and open space and contain suburban 

sprawl. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2005 

Ms. COLLINS (for herself and Mr. REED) introduced the following bill; which 

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

A BILL 

To amend the Cooperative Forestry Assistance Act of 1978 

to establish a program to provide assistance to States 

and nonprofit organizations to preserve suburban forest 

land and open space and contain suburban sprawl. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Suburban and Commu5 nity Forestry and Open Space Program Act of 2005’’. 
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1 SEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN 

2 SPACE PROGRAM; FOREST LEGACY PRO3 GRAM. 

4 (a) SUBURBAN AND COMMUNITY FORESTRY AND

5 OPEN SPACE PROGRAM.—The Cooperative Forestry As6 sistance Act of 1978 (16 U.S.C. 2101 et seq.) is amended 

7 by adding at the end the following: 

8 ‘‘SEC. 21. SUBURBAN AND COMMUNITY FORESTRY AND 

9 OPEN SPACE PROGRAM. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) COMMITTEE.—The term ‘Committee’ 

12 means a State Forest Stewardship Coordinating 

13 Committee established under section 19(b). 

14 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en15 tity’ means a unit of local government or a nonprofit 

16 organization that— 

17 ‘‘(A) the Secretary determines, in accord18 ance with the criteria established under sub19 section (c)(1)(A)(ii)(II) is eligible to receive a 

20 grant under subsection (c)(2); and 

21 ‘‘(B) the State forester, in consultation 

22 with the Committee, determines— 

23 ‘‘(i) has the abilities necessary to ac24 quire and manage interests in real prop25 erty; and 
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1 ‘‘(ii) has the resources necessary to 

2 monitor and enforce any terms applicable 

3 to the eligible project. 

4 ‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible 

5 project’ means a fee purchase, easement, or donation 

6 of land to conserve private forest land identified for 

7 conservation under subsection (c)(1)(A)(ii)(I). 

8 ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ 

9 has the meaning given the term in section 4 of the 

10 Indian Self-Determination and Education Assistance 

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

12 ‘‘(5) NONPROFIT ORGANIZATION.—The term 

13 ‘nonprofit organization’ means any organization that 

14 is— 

15 ‘‘(A) described in section 501(c) of the In16 ternal Revenue Code of 1986; and 

17 ‘‘(B) exempt from taxation under 501(a) 

18 of the Internal Revenue Code of 1986. 

19 ‘‘(6) PRIVATE FOREST LAND.—The term ‘pri20 vate forest land’ means land that is— 

21 ‘‘(A) capable of producing commercial for22 est products; and 

23 ‘‘(B) owned by— 

24 ‘‘(i) a private entity; or 

25 ‘‘(ii) an Indian tribe. 
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1 ‘‘(7) PROGRAM.—The term ‘program’ means 

2 the Suburban and Community Forestry and Open 

3 Space Program established by subsection (b). 

4 ‘‘(8) SECRETARY.—The term ‘Secretary’ means 

5 the Secretary of Agriculture, acting through the 

6 Chief of the Forest Service. 

7 ‘‘(b) ESTABLISHMENT.— 

8 ‘‘(1) IN GENERAL.—There is established within 

9 the Forest Service a program to be known as the 

10 ‘Suburban and Community Forestry and Open 

11 Space Program’. 

12 ‘‘(2) PURPOSE.—The purpose of the program is 

13 to provide assistance to eligible entities to carry out 

14 eligible projects in States in which less than 25 per15 cent of the land is owned by the United States to— 

16 ‘‘(A) conserve private forest land and 

17 maintain working forests in areas threatened by 

18 significant suburban sprawl or by conversion to 

19 nonforest uses; 

20 ‘‘(B) provide communities a means by 

21 which to address significant suburban sprawl; 

22 and 

23 ‘‘(C) support primary and secondary value24 added forest products industries and employ25 ment in areas threatened by— 
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1 ‘‘(i) significant suburban sprawl; or 

2 ‘‘(ii) conversion to nonforest uses. 

3 ‘‘(c) GRANT PROGRAM.— 

4 ‘‘(1) IDENTIFICATION OF ELIGIBLE PRIVATE

5 FOREST LAND.— 

6 ‘‘(A) CRITERIA.— 

7 ‘‘(i) NATIONAL CRITERIA.—The Sec8 retary shall establish national eligibility 

9 criteria for the identification of private for10 est land that may be conserved under this 

11 section. 

12 ‘‘(ii) STATE CRITERIA.—The State 

13 forester, in consultation with the Com14 mittee, shall, based on the criteria estab15 lished under clause (i), and subject to the 

16 approval of the Secretary, establish criteria 

17 for— 

18 ‘‘(I) the identification, subject to 

19 subparagraph (B), of private forest 

20 land in each State that may be con21 served under this section; and 

22 ‘‘(II) the identification of eligible 

23 entities. 

24 ‘‘(B) CONDITIONS FOR ELIGIBLE PRIVATE

25 FOREST LAND.—Private forest land identified 
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1 for conservation under subparagraph (A)(ii)(I) 

2 shall be land that— 

3 ‘‘(i) is located in a State in which less 

4 than 25 percent of the land is owned by 

5 the United States; and 

6 ‘‘(ii) as determined by the State for7 ester, in consultation with the Committee 

8 and subject to the approval of the Sec9 retary— 

10 ‘‘(I) is located in an area that is 

11 affected, or threatened to be affected, 

12 by significant suburban sprawl, taking 

13 into account housing needs in the 

14 area; and 

15 ‘‘(II) is threatened by present or 

16 future conversion to nonforest use. 

17 ‘‘(2) GRANTS.— 

18 ‘‘(A) ELIGIBLE PROJECTS.— 

19 ‘‘(i) IN GENERAL.—In carrying out 

20 this section, the Secretary shall award 

21 competitive grants to eligible entities to 

22 carry out eligible projects. 

23 ‘‘(ii) PUBLIC ACCESS.—Eligible enti24 ties are encouraged to provide public ac25 cess to land on which an eligible project is 
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1 carried out, consistent with State law and 

2 preexisting access agreements. 

3 ‘‘(B) APPLICATION; STEWARDSHIP

4 PLAN.—An eligible entity that seeks to receive 

5 a grant under this section shall submit to the 

6 State forester— 

7 ‘‘(i) at such time and in such form as 

8 the Secretary shall prescribe, an applica9 tion for the grant (including a description 

10 of any private forest land to be conserved 

11 using funds from the grant and a descrip12 tion of the extent of the threat of conver13 sion to nonforest use); and 

14 ‘‘(ii) a stewardship plan that de15 scribes— 

16 ‘‘(I) the manner in which any 

17 private forest land to be conserved 

18 using funds from the grant will be 

19 managed in accordance with this sec20 tion; 

21 ‘‘(II) the manner in which the 

22 stewardship plan will be implemented; 

23 and 

24 ‘‘(III) the public benefits, includ25 ing economic and noneconomic bene-
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1 fits, to be achieved from implementa2 tion of the stewardship plan. 

3 ‘‘(C) ASSESSMENT OF NEED.—With re4 spect to an application submitted under sub5 paragraph (B), the State forester shall— 

6 ‘‘(i) assess the need for preserving 

7 working suburban forest land and open 

8 space and containing suburban sprawl in 

9 the State, taking into account the housing 

10 needs of the area in which the eligible 

11 project is to be carried out; and 

12 ‘‘(ii) submit to the Secretary— 

13 ‘‘(I) the application submitted 

14 under subparagraph (B); and 

15 ‘‘(II) the assessment of need. 

16 ‘‘(D) APPROVAL OR DISAPPROVAL.— 

17 ‘‘(i) IN GENERAL.—Subject to clause 

18 (ii), as soon as practicable after the date 

19 on which the Secretary receives an applica20 tion under subparagraph (C)(ii) or a re21 submission under subclause (II)(bb)(BB), 

22 the Secretary shall— 

23 ‘‘(I) review the application; and 

24 ‘‘(II)(aa) award a grant to the 

25 applicant; or 
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1 ‘‘(bb)(AA) disapprove the appli2 cation; and 

3 ‘‘(BB) provide the applicant a 

4 statement that describes the reasons 

5 why the application was disapproved 

6 (including a deadline by which the ap7 plicant may resubmit the application). 

8 ‘‘(ii) CONSIDERATIONS; PRIORITY.—In 

9 awarding grants under this section, the 

10 Secretary shall— 

11 ‘‘(I) consider the need for the eli12 gible project based on the assessment 

13 of need submitted under subpara14 graph (C) and subject to any criteria 

15 under paragraph (1); and 

16 ‘‘(II) give priority to applicants 

17 that propose to fund eligible projects 

18 that promote— 

19 ‘‘(aa) the preservation of 

20 suburban forest land and open 

21 space; 

22 ‘‘(bb) the containment of 

23 suburban sprawl; 

24 ‘‘(cc) the sustainable man25 agement of private forest land; 
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1 ‘‘(dd) community involve2 ment in determining the objec3 tives for eligible projects that are 

4 funded under this section; 

5 ‘‘(ee) community and school 

6 education programs and curricula 

7 relating to sustainable forestry; 

8 and 

9 ‘‘(ff) primary and secondary 

10 value-added forest products in11 dustries and employment. 

12 ‘‘(3) COST SHARING.— 

13 ‘‘(A) IN GENERAL.—The amount of a 

14 grant awarded under this section to carry out 

15 an eligible project shall not exceed 50 percent 

16 of the total cost of the eligible project. 

17 ‘‘(B) ASSURANCES.—As a condition of re18 ceipt of a grant under this section, an eligible 

19 entity shall provide to the Secretary such assur20 ances as the Secretary determines are sufficient 

21 to demonstrate that the share of the cost of 

22 each eligible project that is not funded by the 

23 grant awarded under this section has been se24 cured. 
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1 ‘‘(C) FORM.—The share of the cost of car2 rying out any eligible project described in sub3 paragraph (A) that is not funded by a grant 

4 awarded under this section may be provided in 

5 cash or in kind (including a donation of land). 

6 ‘‘(d) USE OF GRANT FUNDS FOR PURCHASES OF

7 LAND OR EASEMENTS.— 

8 ‘‘(1) PURCHASES.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), funds made available, and 

11 grants awarded, under this section may be used 

12 to purchase private forest land or interests in 

13 private forest land (including conservation ease14 ments) only from willing sellers at fair market 

15 value. 

16 ‘‘(B) SALES AT LESS THAN FAIR MARKET

17 VALUE.—A sale of private forest land or an in18 terest in private forest land at less than fair 

19 market value shall be permitted only on certifi20 cation by the landowner that the sale is being 

21 entered into willingly and without coercion. 

22 ‘‘(2) TITLE.—Title to private forest land or an 

23 interest in private forest land purchased under para24 graph (1) may be held, as determined appropriate by 

25 the Secretary, in consultation with the State, by— 
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1 ‘‘(A) a State; 

2 ‘‘(B) a unit of local government; or 

3 ‘‘(C) a nonprofit organization. 

4 ‘‘(3) TERMINATION OF EASEMENT.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), all right, title, and interest 

7 of a unit of local government or nonprofit orga8 nization in and to a conservation easement shall 

9 terminate and vest in the State if the State de10 termines that— 

11 ‘‘(i) the unit of local government or 

12 nonprofit organization is unable or unwill13 ing to enforce the terms of the conserva14 tion easement; or 

15 ‘‘(ii) the conservation easement has 

16 been modified in a way that is inconsistent 

17 with the purposes of the program. 

18 ‘‘(B) CONVEYANCE TO ANOTHER UNIT OF

19 LOCAL GOVERNMENT OR NONPROFIT ORGANIZA20 TION.—If the State makes a determination 

21 under subparagraph (A), the State may convey 

22 or authorize the unit of local government or 

23 nonprofit organization to convey the conserva24 tion easement to another unit of local govern25 ment or nonprofit organization. 
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1 ‘‘(e) ADMINISTRATIVE COSTS.—The State, on ap2 proval of the Secretary and subject to any regulations pro3 mulgated by the Secretary, may use amounts made avail4 able under subsection (g) to pay the administrative costs 

5 of the State relating to the program. 

6 ‘‘(f) REPORT.—The Secretary shall submit to Con7 gress a report on the eligible projects carried out under 

8 this section in accordance with section 8(c) of the Forest 

9 and Rangeland Renewable Resources Planning Act of 

10 1974 (16 U.S.C. 1606(c)). 

11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this sec13 tion— 

14 ‘‘(1) $50,000,000 for fiscal year 2006; and 

15 ‘‘(2) such sums as are necessary for each fiscal 

16 year thereafter.’’. 

17 (b) FOREST LEGACY PROGRAM.—Section 7 of the 

18 Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 

19 2103c) is amended— 

20 (1) in subsection (c), by striking the last sen21 tence; 

22 (2) in subsection (i), by striking ‘‘subsection 

23 (b)’’ and inserting ‘‘this section’’; 

24 (3) in subsection (j)(1), by inserting ‘‘(other 

25 than by donation)’’ after ‘‘acquired’’; 
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1 (4) in subsection (k)(2), by striking ‘‘the 

2 United States or its’’ and inserting ‘‘the United 

3 States, a State, or other entity, or their’’; and 

4 (5) in subsection (l), by adding at the end the 

5 following: 

6 ‘‘(4) STATE AUTHORIZATION.— 

7 ‘‘(A) DEFINITION OF STATE FORESTER.— 

8 The term ‘State forester’ has the meaning given 

9 the term in section 4(k). 

10 ‘‘(B) IN GENERAL.—Notwithstanding sub11 section (c) and paragraph (2)(B), the Secretary 

12 shall, on request by a State, authorize the State 

13 to allow a qualified organization (as defined in 

14 section 170(h)(3) of the Internal Revenue Code 

15 of 1986) and that is organized for at least 1 of 

16 the purposes described in section 170(h)(4)(A) 

17 of that Code, using amounts granted to a State 

18 under this paragraph, to acquire 1 or more con19 servation easements to carry out the Forest 

20 Legacy Program in the State. 

21 ‘‘(C) ELIGIBILITY.—To be eligible to ac22 quire and manage conservation easements 

23 under this paragraph, a qualified organization 

24 described in subparagraph (B) shall, as deter25 mined by the Secretary, acting through the 
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1 State forester, demonstrate the abilities nec2 essary to acquire, monitor, and enforce interests 

3 in forest land consistent with the Forest Legacy 

4 Program and the assessment of need for the 

5 State. 

6 ‘‘(D) MONITORING AND ENFORCEMENT.— 

7 ‘‘(i) IN GENERAL.—A qualified orga8 nization that acquires a conservation ease9 ment under this paragraph shall be respon10 sible for monitoring and enforcing the 

11 terms of the conservation easement and 

12 any of the costs of the qualified organiza13 tion associated with such monitoring and 

14 enforcement. 

15 ‘‘(ii) CONTINGENT RIGHTS.—If a 

16 qualified organization that acquires a con17 servation easement under this paragraph 

18 fails to enforce the terms of the conserva19 tion easement, as determined by the State, 

20 the State or the Secretary shall have the 

21 right to enforce the terms of the conserva22 tion easement under Federal or State law. 

23 ‘‘(iii) AMENDMENTS.—Any amend24 ments to a conservation easement that ma25 terially affect the terms of the conservation 
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1 easement shall be subject to approval by 

2 the Secretary or the State, as appropriate. 

3 ‘‘(E) TERMINATION OF EASEMENT.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), all right, title, and in6 terest of a qualified organization described 

7 in subparagraph (B) in and to a conserva8 tion easement shall terminate and vest in 

9 the State or a qualified designee if the 

10 State determines that— 

11 ‘‘(I) the qualified organization 

12 fails to enforce the terms of the con13 servation easement; 

14 ‘‘(II) the conservation easement 

15 has been modified in a way that is in16 consistent with the purposes of the 

17 Forest Legacy Program or the assess18 ment of need for the State; or 

19 ‘‘(III) the conservation easement 

20 has been conveyed to another person 

21 (other than to a qualified organiza22 tion). 

23 ‘‘(ii) CONVEYANCE TO ANOTHER

24 QUALIFIED ORGANIZATION.—If the State 

25 makes a determination under clause (i), 
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1 the State may convey or authorize the 

2 qualified organization to convey the con3 servation easement to another qualified or4 ganization. 

5 ‘‘(F) IMPLEMENTATION.—The Secretary, 

6 acting through the State forester, shall imple7 ment this paragraph in accordance with the as8 sessment of need for the State as approved by 

9 the Secretary.’’. 

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