Forestry Provisions in the 2014 Farm Bill (P.L. 113-79)
Released: 2014-03-21T00:00:00

Federal forestry activities and programs historically have been associated with agriculture, and with agriculture legislation. Forestry programs have been addressed in past periodic omnibus farm bills and other agriculture legislation. These include programs to support management of nonfederal forests, forestry research, and management of federal forests. Research and forestry-specific assistance programs for private landowners—in contrast to agriculture conservation programs that include forestry activities—are primarily administered by the Forest Service (FS), an agency within the U.S. Department of Agriculture (USDA). The FS also administers 193 million acres of the National Forest System.

This report provides a brief background on the congressional committee jurisdiction over forestry, with examples of bills addressed by the committees. It then presents information on forestry in the 2014 farm bill, the Agricultural Act of 2014. The report concludes with some forestry issues that were debated and that might be discussed in future legislation. Appendix A contains information on forestry provisions in previous farm bills. Appendix B includes a side-by-side description of the enacted provisions compared to then-current law.

Background

Both the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry have jurisdiction over "forestry in general" and acquired national forests. Jurisdiction over national forests established from the public domain lies with the House Natural Resources Committee and the Senate Energy and Natural Resources Committee. Past farm bills have included provisions addressing forestry. However, stand-alone forestry legislation has also passed through the agriculture committees. The agriculture committees have exerted considerable influence over federal forestry activities over the years. For example, the Forest and Rangelands Renewable Resources Planning Act of 1974 (RPA) and the National Forest Management Act of 1976 (NFMA), which guide Forest Service (FS) planning and management, were both initially referred to the agriculture committees. In addition, the Healthy Forests Restoration Act of 2003 (HFRA) was referred to and reported by the agriculture committees.

In addition to issues related to the general management of the national forests, the agriculture committees have jurisdiction over forestry research and forestry assistance to states and to private landowners. These three programs—forest management, forestry research, and forestry assistance—have traditionally been the three principal branches of USDA's Forest Service. Forestry assistance is governed largely by the Cooperative Forestry Assistance Act of 1978 (CFAA), which revised and updated the Clarke-McNary Act of 1924. Forestry research is governed largely by the Forest and Rangeland Renewable Resources Research Act of 1978, which revised and updated the McSweeney-McNary Act of 1928. Both laws were originally referred to and reported by the agriculture committees.

The 2014 Farm Bill Forestry Title

For nearly three years, Congress considered an omnibus farm bill—which included a forestry title—to establish the direction of agriculture and food policy for the next several years. Many provisions of the Food, Conservation, and Energy Act of 2008 (the 2008 farm bill) expired in FY2012, but were extended for an additional year in the American Taxpayer Relief Act of 2012. The 112 th Congress began work on a new farm bill but did not complete action before the conclusion of the Congress, requiring new bills to be introduced in the 113 th Congress. The House ( H.R. 2642 ) and Senate ( S. 954 ) bills passed their respective chambers by the end of September 2013. A conference agreement was reached in late January 2014; it was approved by both chambers within eight days and was signed into law ( P.L. 113-79 ) by the President on February 7, 2014.

Title VIII of the enacted 2014 farm bill repeals, creates, modifies, and reauthorizes several forestry programs. Both the House-passed ( H.R. 2642 ) and Senate-passed ( S. 954 ) versions of the 2014 farm bill contained a Forestry title. While many of the provisions were similar across the chambers—for example, both bills proposed to repeal three of the same programs—there were some differences that were resolved in the conference agreement. The various provisions can be sorted into four groups: program repeals, program reauthorizations, provisions affecting national forest management, and miscellaneous forestry provisions. A brief overview of forestry-related provisions in other titles is also presented.

Program Repeals

The enacted 2014 farm bill repeals several forestry-related programs, generally programs which had not been reauthorized or funded in appropriations for several years. For example, Subtitle A (Section 8001) of the 2014 farm bill repeals the Forest Land Enhancement Program, which was not reauthorized in the 2008 farm bill. The 2014 farm bill also repeals programs to provide forestry scholarships to Hispanic-serving institutions (Section 8004) and a watershed assistance program for tribes (Section 8005). Neither program had ever received appropriations. Both the House and Senate bills proposed to repeal those three programs. The enacted 2014 farm bill also included two H.R. 2642 provisions repealing the Watershed Forestry Assistance Program (Section 8002) and the Cooperative National Forest Products Marketing Program (Section 8003), which were not included in S. 954 . The former never received funding and the latter had received funding through the FS Economic Action program since 1993.

Program Reauthorizations

The enacted 2014 farm bill reauthorizes several forestry programs through FY2018:

Section 8101 reauthorizes $10 million annually, subject to appropriations, to continue the state-wide assessment and strategies for forest resources established in the 2008 farm bill and requires the state to coordinate with military installations when feasible. Section 8201 reauthorizes $5 million annually, subject to appropriations, to continue the Rural Revitalization Technologies Program, under Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (the 1990 farm bill). Section 8202 reauthorizes the Office of International Forestry, under Section 2405(d) of the Global Climate Change Prevention Act of 1990 (Title XXIV of the 1990 farm bill). Section 8203 eliminates mandatory funding for the Healthy Forest Reserve Program, but authorizes $12 million annually subject to appropriations. The program was authorized to receive $9.75 million of mandatory funding through FY2012 (in the 2008 farm bill).

Provisions Affecting National Forest Management

The 2014 farm bill has several provisions that affect the management of the National Forest System, primarily by amending HFRA. These provisions generally authorize expedited planning and project implementation under certain conditions, and reauthorize programs to allow the FS to streamline certain projects, such as timber sale and restoration projects, or projects across neighboring jurisdictions. Several of these provisions were included in both the House and Senate bills. However, the enacted 2014 farm bill adopted the administrative appeals included in H.R. 2642 but not S. 954 . In contrast, the enacted 2014 farm bill adopted S. 954 provisions regarding insect and disease infestation concerns and did not include H.R. 2642 provisions to establish national critical areas within the National Forest System. Some provisions in the farm bill may also apply to federal land managed by the Bureau of Land Management (BLM) in the Department of the Interior (DOI), such as the stewardship contracting and good neighbor authorities.

Administrative Appeals

Section 8006 of the 2014 farm bill modifies two administrative appeals requirements for land and resource management planning in the National Forest System. Specifically, the farm bill repeals Section 322 of the Department of the Interior and Related Agencies Appropriations Act of 1993 (also known as the Appeals Reform Act, or ARA). The administrative appeals procedures authorized by ARA has been replaced by a pre-decisional objection process set forth in HFRA and Section 428 of the Consolidated Appropriations Act of 2012. However, the 2014 farm bill also prohibits Section 428 from applying to certain projects or activities that are categorically excluded from an environmental assessment or environmental impact assessment under the National Environmental Policy Act (NEPA). This means that no administrative review is available for projects conducted under certain NEPA categorical exclusions.

Stewardship End-Result Contracting

The enacted 2014 farm bill permanently reauthorizes the stewardship end-results contracting authority by creating a new Section 604 of HFRA (Section 8205). This authority, which was established in Section 347 of the Department of the Interior and Related Agencies Appropriations Act of 1999, allows the Forest Service—and BLM—to enter into dual service and timber sale contracts or agreements for up to 10 years to achieve certain land management goals. The farm bill also requires the stewardship contracts and agreements to contain the same fire liability provisions used under the current timber sales program.

Timber Sale Contract Requirements

The enacted farm bill also alters FS timber sale contract requirements, particularly when used in stewardship contracts described above. Specifically, Section 8303 authorizes the FS to designate harvest material through description or prescription, rather than physically marking each tree for harvest. In other words, the Forest Service could describe the specific characteristics of trees to be harvested, such as a certain species or size of tree, or could prescribe the desired post-harvest conditions, such as the achievement of a specific basal area factor.

Good Neighbor Authority

Section 8206 permanently reauthorizes the Forest Service's and BLM's Good Neighbor Authority and extends the authority nationwide. Previously, the authority allowed certain state agencies to conduct watershed restoration and protection services projects on neighboring national forest land, although the authority was limited to Colorado and Utah.

Insect and Disease Infestation Treatment

The enacted 2014 farm bill requires the Forest Service to designate treatment areas in at least one national forest in each state, if requested by the governor of the state, where there are declining forest conditions from insect or disease infestation (Section 8204). Additional areas may be designated as needed. The Secretary of Agriculture may implement priority projects to reduce the risk of or increase the resilience to insect or disease infestations in the designated areas. Section 8204 also establishes a NEPA categorical exclusion for projects involving less than 3,000 acres.

Miscellaneous National Forest Management Provisions

The 2014 farm bill also included several miscellaneous provisions related to national forest management:

Section 8301 requires the Forest Service to revise the strategic plan for the forest inventory and analysis program for public and private forests and their resources, established by Forest and Rangelands Renewable Resources Planning Act of 1974. Section 8302 authorizes the Forest Service to use funds from conservation-related programs to hire retired employees under the USDA Agriculture Conservation Experienced Services Program to provide technical services for those programs on National Forest System lands. Section 8304 requires that states seeking reimbursement of fire funds have a mutual assistance agreement with the Forest Service or another federal agency. Section 8305 authorizes the Forest Service to establish a large air-tanker and aerial asset lease program. Section 8306 authorizes a land conveyance in the Jefferson National Forest in Wise County, VA.

Forestry in Other Titles

Forestry-related provisions were also included in other titles of the enacted 2014 farm bill, including Title II (Conservation), Title VII (Research), Title IX (Energy), and Title XII (Miscellaneous).

Title II, Conservation24

This title reauthorizes, modifies, and consolidates several programs to provide assistance to private landowners who wish to practice conservation on their agricultural and, in some programs, forested lands. Changes specific to forestry include

Section 2101(a) reauthorizes the Conservation Stewardship Program until FY2018, which provides financial and technical assistance to promote conservation on eligible lands, including nonindustrial private forest lands, and removes the 10% enrollment cap for those lands. Section 2203 reauthorizes through FY2018 the Environmental Quality Incentives Program, which provides assistance to promote conservation on eligible lands, including nonindustrial private forest lands. Section 2401 includes forest restoration activities as an activity eligible for inclusion in the new Regional Conservation Partnership Program. Section 2301 includes nonindustrial private forest land as an eligible land use for an agricultural land easement in the new Agriculture Conservation Easement Program. Section 2702 repeals the emergency forestry conservation reserve program, which provided assistance for areas suffering damage during hurricanes in 2005.

Title VII, Research25

This title reauthorizes funding through FY2018 for several agricultural and cooperative research, extension, and post-secondary education programs. Section 7310 establishes a high-priority forestry and forestry products research and extension initiative in the Forest Service's Forest Products Laboratory to develop and disseminate science-based tools that address the needs of the forestry sector.

Title IX, Energy26

This title reauthorizes, modifies, and repeals several USDA programs that incentivize research, development, and adoption of renewable energy projects and promote U.S. biofuels production and research. Several programs were modified to either include or repeal the use of forest products for various renewable energy purposes:

Section 9001 adds the definition for a "Forest Product," and retains the same definition of renewable biomass to include materials, pre-commercial thinnings, or invasive species from National Forest System lands and public lands that are byproducts of designated preventive treatments, not used for higher values products, and harvested in accordance with applicable law and policy. Section 9010 authorizes $25 million in mandatory funding annually through FY2018 for the Biomass Crop Assistance Program, which provides financial assistance to owners and operators of agricultural and nonindustrial private forest land who wish to establish, produce, and deliver biomass feedstock. Section 9012 extends the Community Wood Energy Program through FY2018, which provides grants to communities to plan and install wood energy systems in public buildings. Section 9011 repeals the Forest Biomass for Energy Program, which was established by the 2008 farm bill and required the Forest Service to conduct a competitive research and development program to encourage use of forest biomass for energy. Appropriations were authorized at $15 million annually (FY2009-FY2013).

Title XII, Miscellaneous

Section 12313 amends the Clean Water Act (CWA) and states that no permit shall be required for a discharge of runoff from specified silviculture (e.g., logging) activities that are conducted in accordance with standard industry practice. It also states that discharges from silvicultural activities are not exempted from permitting requirements under the CWA's dredge and fill permit program, other existing permitting requirements, or from any other federal law.

Forestry Issues for Congress

The need to reauthorize many of the agricultural programs is a prime reason for periodic farm bills. Even though many forestry programs are permanently authorized, some have raised forestry issues other than the authorization levels for possible discussion within future legislation, such as wildfire protection; conservation issues for private forest owners; outreach, education, research, and market opportunities for traditional forest products and for forest products for renewable energy sources; and continued efforts to eradicate invasive species and improve forest resiliency to disturbance events.

In addition, several of the forestry issues that were debated but ultimately not included in the enacted 2014 farm bill could be debated again in future farm bills or legislation. For example, some proposed to eliminate the permanent authorizations for several programs by establishing a sunset date. The House-passed version of the farm bill proposed to eliminate the permanent authority of the Forest Legacy Program and the Community Forest and Open Space Conservation Program to receive annual appropriations, and instead would have authorized the programs through FY2018. The final enacted 2014 farm bill did not include these provisions, but funding authority issues could resurface. Other examples include issues related to how the Forest Service should address deteriorating forest resiliency conditions and future risks within both the National Forest System and nonfederal forests. Although the 2014 farm bill includes several provisions related to these issues, this may continue to generate debate, particularly in terms of wildfire response and providing technical assistance for climate change adaptation and mitigation.

Appendix A. Brief History of Forestry Provisions in Previous Farm Bills

Past farm bills also have included forestry provisions, primarily addressing the forestry assistance programs. The first to contain a separate Forestry title was the 1990 farm bill (the Food, Agriculture, Conservation, and Trade Act of 1990), which:

created four new forestry assistance programs; revised two existing forestry assistance programs; amended two forestry assistance programs; revised the administrative provisions for forestry assistance; created five special forestry research programs; amended three existing forestry research programs; authorized a private, nonprofit tree planting foundation; and created a new FS branch: international forestry.

The 1996 farm bill (the Federal Agriculture Improvement and Reform Act of 1996) included only a few forestry provisions—extending the authorization for the one expiring assistance program and adding a new funding option within an existing program.

The 2002 farm bill (the Farm Security and Rural Investment Act of 2002) contained a separate Forestry title. The conference could not resolve many of the differences between the House- and Senate-passed forestry provisions, and thus the conference report contained fewer provisions than either bill. (Some of the disputed provisions were enacted one year later in HFRA.)

The 2008 farm bill (the Food, Conservation, and Energy Act of 2008) included a Forestry title and several forestry provisions in other titles. The Forestry title:

established national priorities for private forest management and assistance; required statewide forest assessments and strategies for assistance; provided for competitive funding for certain programs; created new programs for open space conservation and for emergency reforestation; established a FS tribal relations program for cultural and heritage cooperation and a competitive grants program for Hispanic-serving institutions; reauthorized four existing programs, but did not reauthorize several other programs, including the Forest Land Enhancement Program; amended the Lacey Act Amendments to prohibit imports of illegally logged wood products; and modified three national forest boundaries and certain timber contract provisions.

In addition, the 2008 farm bill Conservation title revised the definition of conservation actions to include forestry activities for several conservation programs. The statute required special reporting on softwood lumber imports, to assure implementation of the 2006 U.S.-Canada Softwood Lumber Agreement. Three provisions altered tax treatments for forests and landowners. Finally, the Energy title of the 2008 farm bill included two new woody biomass energy programs.

Appendix B. Enacted Forestry Provisions of the 2014 Farm Bill Forestry Title