136 
cial resources to purchase the most publicly impor-
tant parcels as they come up for sale; 
(2) the rapidly expanding base of private 
forestland owners created by forest parcelization in-
cludes many individuals with no experience in forest 
stewardship, creating an urgent need for demonstra-
tion sites for proper forest management, for which 
many communities are using municipal or county 
forestland; 
(3) in fast growing communities of all sizes 
across the Nation, remaining parcels of forestland 
play an essential role in protecting public water sup-
plies, leading many local governments to purchase 
these lands for municipal or county ownership; 
(4) rising rates of obesity and other public 
health problems related to inactivity have been 
shown to be ameliorated by improving public access 
to safe and pleasing areas for outdoor recreation, 
leading many local governments to purchase recre-
ation lands for municipal or county ownership; 
(5) across the Nation, many communities of di-
verse types and sizes are deriving significant finan-
cial benefit from owning and managing municipal or 
county forestland as a source of local revenue that 
also contributes significantly to the health of the for-
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137 
est products economy at the local and national lev-
els; 
(6) public hunting, fishing, and trapping access 
and subsequently participation have declined as for-
ests and watersheds nationwide are parcelized 
among a growing base of private owners who often 
post their land against public use, leading many mu-
nicipalities and counties to purchase forestland to 
guarantee access for sportsmen and women; and 
(7) there is a national interest in financially as-
sisting communities in the purchase of important 
forest parcels that will maintain the diverse public 
benefits of forestland close to or within all manner 
of communities nationwide, from close-knit rural 
communities to fast growing suburban and exurban 
areas. 
(b) ESTABLISHMENT AND PURPOSE.— 
(1) ESTABLISHMENT.—The Secretary of Agri-
culture shall establish a program within the United 
States Forest Service, to be known as the Commu-
nity Forest and Open Space Conservation Program, 
in cooperation with appropriate State and local units 
of government for the purpose of enabling munici-
palities and counties to acquire forest areas that are 
economically, culturally, and environmentally impor-
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138 
tant to that locality and that are threatened by con-
version to non-forest uses. 
(2) PURPOSE.—Areas purchased under this 
program are intended to conserve community access 
to and benefit from forests for a wide variety of pub-
lic purposes that may include but are not limited to 
model forest stewardship, sustainable timber produc-
tion, forest-based educational and cultural activities, 
wildlife habitat, watershed protection, and public ac-
cess for outdoor recreation including hunting and 
fishing. 
(c) INTERESTS IN LAND.— 
(1) MUNICIPAL OR COUNTY OWNERSHIP.—All 
properties acquired using funds under this program 
shall be owned in fee by a municipality or county. 
(2) NONPROFIT OWNERSHIP.—Upon request of 
a participating State, designated nonprofit organiza-
tions operating within that State may also own lands 
using funds under this program, providing that the 
land is open for public access consistent with the 
purposes and criteria of this program. 
(d) IMPLEMENTATION.— 
(1) INITIAL PROGRAMS.—Not later than 1 year 
after the date of enactment of this section, the Sec-
retary shall establish at least 1 State program in 
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each of the New England, Mid-Atlantic, Midwest, 
South, West, and Pacific Northwest regions of the 
United States, upon application from a willing State 
in that region. No State or region shall be compelled 
to participate in the program. 
(2) AUTHORITY.—Authority for implementation 
of the Community Forest Conservation and Open 
Space Program in each participating State shall lie 
with the State forester, equivalent State official, or 
other appropriate State natural resource manage-
ment agency as designated by the Governor of that 
State. 
(3) ASSESSMENT
OF
NEED.—Each partici-
pating State shall prepare an Assessment of Need 
identifying geographic program focus areas within 
that State and priority objectives for conservation 
based on conditions and public needs in that State. 
This requirement may be satisfied by inclusion as 
part of an integrated statewide forest planning proc-
ess for application of Federal programs in that 
State. 
(e) ELIGIBILITY AND CRITERIA.— 
(1) IN GENERAL.—Within 1 year from the date 
of enactment of this section and in consultation with 
State Forest Stewardship Advisory Committees, 
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State Urban and Community Forestry Advisory 
Committees, and similar organizations, the Secretary 
shall establish eligibility and ranking criteria for 
projects to receive funding through this program. 
(2) CRITERIA.—Of land proposed to be included 
in the Community Forest and Open Space Conserva-
tion Program, the Secretary shall develop criteria 
that give priority to lands which meet identified local 
open space and natural resource needs as captured 
in town plans, regional plans, or other relevant local, 
regional, or State planning documents, can be effec-
tively managed to model good forest stewardship for 
private landowners, support forest-based educational 
programs including vocational education in forestry, 
provide significant protection of public water sup-
plies or other waterways, can offer long-term eco-
nomic benefit to communities through forestry, con-
tain important wildlife habitat, provide convenient 
public access for outdoor recreation including hunt-
ing and fishing, and are threatened with conversion 
to non-forest uses. Special consideration shall be 
given to proposals reflecting coordination and joint 
planning at regional scale among 2 or more munici-
palities and/or counties. 
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141 
(f) APPLICATION AND RANKING.—Any municipality 
or county that wishes to participate may prepare and sub-
mit a project application to acquire forest lands within a 
State’s geographic program focus area to the Community 
Forest and Open Space Conservation Program in that 
State at such time in such form and containing such infor-
mation as the Secretary may prescribe. This application 
must include certification from the appropriate unit(s) of 
local government that the project is consistent with any 
comprehensive plans for development adopted by such 
unit(s). States will rank all project submissions and sub-
mit to the Secretary. The Secretary shall create a national 
list ranking all submitted projects subject to the criteria 
described in section 5(b). 
(g) DUTIES OF OWNERS.— 
(1) IN GENERAL.—For lands acquired through 
this program, the municipality or county shall be re-
quired to manage the property in a manner that is 
consistent with the purposes for which the land was 
purchased through the Community Forest and Open 
Space Conservation Program and shall not convert 
such property to other non-forest uses. Public access 
for compatible recreational uses, as determined by 
the municipality or county, shall be required. 
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(2) FOREST
MANAGEMENT
PLAN.—Within 2 
years of closing on any purchase using funds under 
this program, a municipality or county must com-
plete a forest management plan for the purchased 
property subject to the approval of the responsible 
State agency. Management plans shall be created 
through a public process that allows for community 
participation and input. 
(3) REIMBURSEMENT AND PENALTY.—Should a 
municipality or county sell land acquired with funds 
obtained through this program, the municipality or 
county must reimburse the Federal Government the 
full amount of original funding plus a penalty equal 
to 50 percent of the current sale price or appraised 
value, whichever is higher. Any municipality or coun-
ty that sells lands acquired using funds through this 
program shall no longer be eligible for future grants 
from this program. 
(h) COST SHARING.— 
(1) IN
GENERAL.—In accordance with terms 
and conditions that the Secretary shall prescribe, 
costs for the acquisition of lands or project costs 
shall be shared among participating entities includ-
ing State, county, municipal, and other govern-
mental units, landowners, corporations, or private 
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143 
organizations. Such costs may include, but are not 
limited to, those associated with planning, adminis-
tration, property acquisition, and property manage-
ment. 
(2) MATCHING
REQUIREMENT.—The Federal 
share of total project costs shall not exceed 50 per-
cent for any project, including any in-kind contribu-
tion. Payments under this section shall be in accord-
ance with Federal appraisal and acquisition stand-
ards and procedures. 
(i) STATE ADMINISTRATION
AND TECHNICAL AS-
SISTANCE.—In order to assist municipalities and counties 
in model stewardship of lands acquired under this pro-
gram, 10 percent of all funds appropriated each year for 
the Community Forest Conservation Program shall be al-
located to the responsible State agencies in participating 
States to administer the program and to provide technical 
assistance to municipalities and counties for forest stew-
ardship, including development and implementation of an 
approved forest management plan. 
(j) APPROPRIATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out 
this section. 
(k) PRIVATE PROPERTY PROTECTION AND LACK OF 
REGULATORY EFFECT.— 
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(1) RECOGNITION OF AUTHORITY TO CONTROL 
LAND USE.—Nothing in this Act modifies any au-
thority of Federal, State, or local governments to 
regulate land use. 
(2) PARTICIPATION
OF
PRIVATE
PROPERTY 
OWNERS.—Nothing in this Act requires the owner of 
any private property to participate in private forest 
conservation, financial, or technical assistance or 
any other programs established under this Act. 
TITLE VI—NUTRITION 
Subtitle A—Food Stamp Program 
SEC. 601. PREVENTING REDUCTIONS IN BENEFITS. 
Section 3(o) of the Food Stamp Act of 1977 (7 
U.S.C. 2012(o)) is amended— 
(1) by striking ‘‘on October 1, 1996,’’ the sec-
ond place it appears; and 
(2) by striking ‘‘on September’’ and all that fol-
lows through ‘‘2002’’, and inserting ‘‘during the im-
mediately preceding fiscal year’’. 
SEC. 
602. 
STRENGTHENING 
THE 
FOOD 
PURCHASING 
POWER OF LOW-INCOME AMERICANS. 
Section 5(e)(1) of the Food Stamp Act of 1977 (7 
U.S.C. 2014(e)(1)) is amended— 
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(1) In subparagraph (a)(ii) by striking ‘‘not less 
than $134’’ and all that follows to the end of the 
clause and inserting the following: 
‘‘not less than $156, $267, $220, and 
$137, respectively. For October 1, 2008, 
and each fiscal year thereafter, an amount 
that is equal to the amount from the pre-
vious fiscal year adjusted to the nearest 
lower dollar increment to reflect changes in 
the Consumer Price Index for all urban 
consumers published by the Bureau of 
Labor Statistics, for items other than food, 
for the twelve months ending the preceding 
June 30.’’; and 
(2) in subparagraph (B)(ii) by striking ‘‘not 
less than $269.’’ and inserting the following: 
‘‘not less than $313. For October 1, 2008, 
and each fiscal year thereafter, an amount 
that is equal to the amount from the pre-
vious fiscal year adjusted to the nearest 
lower dollar increment to reflect changes in 
the Consumer Price Index for All Urban 
Consumers published by the Bureau of 
Labor Statistics, for items other than food, 
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