Hawaii Tropical Forest Recovery Act
PL 102-574 (S.2679), enacted 10/29/1992

PUBLIC LAW 102-574—OCT. 29, 1992 
106 STAT. 4593 
Public Law 102-574 
102d Congress 
An Act 
To promote the recovery of Hawaii tropical forests, and for other purposes. 
Oct. 29, 1992 
[8. 2679] 
Be it enacted by the Senate and House of Representatives 
of 
Hawaii Tropical 
Forest Recovery 
Act. 
This Act may be cited as the "Hawaii Tropical Forest Recovery ig use 4501 
Act". 
note. 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
SEC. 2. HAWAII TROPICAL FOREST RECOVERY. 
(a) IN GENERAL.—^The International Forestry Cooperation Act 
of 1990 (16 U.S.C. 4501 et seq.) is amended— 
(1) by redesignating sections 605, 606, and 607 as sections 16 use 4504, 
609, 610, and 611, respectively; and 
4505. 
(2) by inserting after section 604 the following new sections: 
"SEC. 605. INSTITUTE OF PACIFIC ISLANDS FORESTRY. 
16 USC 4503a. 
"(a) EXPANSION.—The Secretary shall expand the capabilities 
of and construct additional facilities, as funds are appropriated 
for the expansion and construction, at— 
"(1) the Institute of Pacific Islands Forestry; and 
"(2) tropical forests in the State of Hawaii. 
**(b) TROPICAL FORESTRY PLAN.— 
"(1) IN GENERAL.—^Not later than 1 year after the date 
of receipt by the Secretary of the action plan required by 
section 5(b) of the Hawaii Tropical Forest Recovery Act, the 
Secretary shall prepare and submit to the Committee on Agri-
culture and the Cfommittee on Interior and Insular Affairs 
of the House of Representatives, the Committee on Agriculture, 
Nutrition, and Forestry of the Senate, and to the Committees 
on Appropriations of the House of Representatives and Senate, 
a tropical forestry plan to expand the capabilities of and con-
struct additional facilities under subsection (a). 
"(2) ELEMENTS.^The plan shall provide for— 
"(A) the establishment of a model center for research, 
demonstration, education, training, and outreach activities 
suitable for transferring scientific, technical, managerial, 
and administrative assistance to governmental and non-
governmental organizations seeking to address problems 
associated with tropical forests within and outside the 
United States; 
"(B) the acquisition or construction of facilities for 
research, classroom instruction, and housing near an 
experimental tropical forest in the State of Hawaii; 
"(C) the acquisition or construction of facilities for the 
study and recovery of endangered tropical wildlife, fish, 
and plant species and the restoration of their habitats; 
"(D) the study of biological control of non-native species 
that degrade or destroy native forest ecosystems; 
106 STAT. 4594 
PUBLIC LAW 102-574—OCT. 29, 1992 
"(E) achieving a better understanding of global climate 
change and the significance of achieving a reduction of 
greenhouse gases through research associated with the 
unique atmospheric conditions found in Hawaii and the 
Pacific Ocean; 
"(F) a review of the extent to which existing Federal 
forestry programs c£ui be utilized to achieve the purposes 
of the plan; and 
"(G) the establishment of experimental tropical forests 
in the State of Hawaii as authorized by section 606. 
"(3) CAPABILITY.—In preparing elements of the plan that 
address paragraph (2)(F), the Secretary shedl identify the 
capability of the plan— 
"(A) to promote a greater understanding of tropical 
forest ecosystem processes, conservation biology, and 
biodiversity management; 
"(B) to demonstrate the various benefits of maintaining 
a tropical forest reserve system; 
"(C) to promote sound watershed and forest manage-
ment; 
"(D) to develop compatible land uses adjacent to pro-
tected natural areas; and 
"(E) to develop new methods of reclaiming and restor-
ing degraded lands. 
16 use 4503b. 
"SEC. 606. HAWAII EXPERIMENTAL TROPICAL FOREST. 
"(a) DEFINITIONS.—^As used in this section: 
"(1) FOREST.—The term'Forest'means the Hawaii Experi-
mental Tropical Forest. 
"(2) GOVERNOR.—^The term 'Grovemor' means the Governor 
of Hawaii. 
"(3) LANDS.—^The term 'lands' means lands, waters, and 
interests in lands and waters. 
"(4) STATE.—^The term 'State' means the State of Hawaii. 
"(b) ESTABLISHMENT AND MANAGEMENT.—At the request of the 
Gx)vemor, the Secretary shall establish and administer within the 
State a Hawaii Experimental Tropical Forest. The Forest shall 
be managed as— 
"(1) a model of quality tropical forest meuiagement where 
harvesting on a sustainable yield basis can be demonstrated 
in balance with natural resource conservation; 
"(2) a site for research on tropical forestry, conservation 
biology, and natural resource management; and 
"(3) a center for demonstration, education, training, and 
outreach on tropical forestry, conservation biology, and natural 
resources research and management, 
"(c) DELINEATION OF THE LOCATION OF THE FOREST.— 
"(1) IDENTIFICATION OF LANDS.—The Governor and the Sec-
retary shall identify one or more suitable sites for the Forest 
in lands within the State. The identification of each site shall 
be based on scientific, ecological, administrative, and such other 
factors as the (jovemor and Secretary consider to be necessary 
or desirable to achieve the purposes of this section. Each site 
identified pursuant to the preceding sentence shall be of suffi-
cient size and located so that the site can be effectively managed 
for Forest purposes. 
PUBLIC LAW 102-574—OCT. 29,1992 
106 STAT. 4595 
"(2) EXTERIOR BOUNDARIES.—The exterior boundaries of the 
Forest, including the boundaries of all sites identified for Forest 
purposes, shall be delineated on an official map. The map Public 
shall be available for public inspection in the office of the info"na*">n-
Administrator of the Division of Forestry and Wildlife of the 
Department of Land and Natural Resources of the State. The 
Grovemor and the Secretary may from time to time, by mutual 
agreement, amend the official map to modify the boundaries 
of the Forest. 
"(d) AUTHORITIES OF THE SECRETARY.— 
"(1) IN GENERAL.—^To carry out the puTposes of this section, 
the Secretary is authorized— 
"(A) to administer the Forest in cooperation with the 
Governor and affected State agencies; 
"(B) to make grants and enter into contracts and 
cooperative agreements with the Federal Grovemment, the 
government of the State, local governments, corporations, 
nonprofit organizations and individuEils; 
"(C) to exercise existing authority with respect to 
cooperative forestry and research for Forest purposes; and 
"(D) to issue necessary rules and regulations or apply 
existing rules and regulations applicable to areas adminis-
tered by the Forest Service that are necessary or desirable 
to administer the Forest— 
"(i) for the purposes described in subsection (b); 
"(ii) to protect persons within the Forest; and 
"(iii) to preserve and protect the resources in the 
Forest. 
"(2) LAND ACQLIISITION.—The authority in section 4 of the 
Forest and Rangeland Renewable Resources Research Act of 
1978 (16 U.S.C. 1643) shall be available to the Secretary to 
carry out this section. 
"(3) STATUTORY CONSTRUCTION.—Nothing in this section 
is intended to affect the jurisdiction of the State, both civil 
and criminal, over any person within the Forest by reason 
of the establishment of the Forest under this section, except 
in the case of a penalty for an offense against the United 
States. 
"SEC. 607. ANNUAL REPORT ON INSTITUTES OF TROPICAL FORESTRY. 16 USC 4503c. 
"The Secretary shall make annual reports to Congress on the 
progress, needs, and long-range plans of the Institutes of Tropical 
Forestry in meeting the requirements of section 2407 of the Global 
CUmate Change Prevention Act of 1990 (7 U.S.C. 6706). Such 
reports shall be submitted by the Secretary pursuant to section 
8(c) of the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1606(c)). 
'<SEC. 608. DEFINITIONS. 
"As used in this title (imless the context otherwise requires): 
"(1) 
INSTITUTES 
OF TROPICAL 
FORESTRY.—-The 
term 
'Institutes of Tropical Forestry^ means the Institute of Tropical 
Forestry in Puerto Rico and the Institute of Pacific Islands 
Forestry established under section 2407 of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 6706). 
"(2) SECRETARY.—^The term 'Secretary* means the Secretary 
of Agricultiire. 
16 u s e 4503d. 
106 STAT. 4596 
PUBLIC LAW 102-574—OCT. 29, 1992 
"(3) STATE.—The term 'State' means each of the 50 States, 
Guam, American Samoa, the RepubUc of Palau (until the Com-
pact of Free Association enters into effect), Puerto Rico, the 
Virgin Islands, and the Commonwealth of the Northern Mari-
ana Islands.", 
(b) CONFORMING AMENDMENTS.— 
(1) Section 602(b) of the International Forestry Cooperation 
Act of 1990 (16 U.S.C. 4501(b)) is amended by striking "(herein-
after referred to in this title as the Secretary)". 
(2) The heading of section 604 of such Act (16 U.S.C. 
4503) is amended to read as follows: 
"SEC. 604. INSTITUTE OF TROPICAL FORESTRY IN PUERTO mCO.". 
16 use 4502a. 
SEC. 3. TROPICAL FORESTRY RESEARCH AND ASSISTANCE. 
(a) ASSISTANCE.—^To promote sound management and con-
servation of tropical forests of the United States and to promote 
the development and transfer of technical, managerial, educational, 
and administrative skills to managers of tropical forests within 
or outside the United States, the Secretary of-^riculture is author-
ized to provide assistance through the Forest Service to eligible 
entities in States with tropical forests to— 
(1) develop, promote, and demonstrate sustainable harvest-
ing of native woods and other forest products on a sustainable 
jdeld basis in balance with natural resource conservation; 
(2) promote habitat preservation and species protection 
or recovery; 
(3) protect indigenous plant and animal species and essen-
tial watersheds from non-native animals, plants, and patho-
gens; 
(4) establish biological control agents for non-native species 
that threaten natural ecosystems; 
(5) establish a monitoring system in tropical forests to 
identify baseline conditions and determine detrimental changes 
or improvements over time; 
(6) detect and appraise stresses affecting tropical forests 
caused by insect infestations, diseases, pollution, fire, and non-
native animal and plant species, and by the influence of people; 
(7) determine the causes of changes that are detected 
through experimentation, intensive monitoring, and data collec-
tion at affected tropical forest sites; and 
(8) engage in research, demonstration, education, training, 
and outreach that furthers the objectives of this subsection. 
(b) FORM OF ASSISTANCE.—^Assistsuice provided to eligible enti-
ties under this section may be in the form of grants, contracts, 
or cooperative agreements. 
(c) DEFINITIONS.—^As used in this section: 
' ' 
(1) ELIGIBLE ENTITY.—The term "eligible entity" means a 
State forester or equivalent State official, State, political sub-
division of a State, Federal agency, private organization, cor-
poration, or other private person. 
(2) STATE.—The term "State" means each of the 50 States, 
Guam, American Samoa, the Republic of Palau (until the Com-
pact of Free Association enters into effect), Puerto Rico, the 
Virgin Islands, and the Commonwealth of the Northern Mari-
ana Islands. 
PUBLIC LAW 102-574—OCT. 29, 1992 
106 STAT. 4597 
SEC. 4. HAWAII TROPICAL FOREST RECOVERY TASK FORCE. 
16 USC 4503a. 
(a) ESTABLISHMENT.—There is established the Hawaii Tropical 
Forest Recovery Task Force (hereafter in this section referred to 
as the "Task Force") to advise the Secretary of Agriculture with 
respect to tropical forests and related ecosystems in the State 
of Hawaii. 
(b) ACTION PLAN.—Not later than 1 year after the date of 
the first meeting of the Task Force, the Task Force shall submit 
to the Committees, Secretaries, and Governor referred to in sub-
section (k) an action plan that contains 
findings 
and rec-
ommendations for rejuvenating Hawaii's tropical forests, including 
findings and recommendations on— 
(1) methods of restoring the health of declining or degraded 
tropical forest land; 
(2) compatible uses within tropical forests, particularly 
agroforestry and the cultivation of scarce or valuable hardwoods 
and other forest products in Hawaii's tropical forests; 
(3) actions to encourage and accelerate the identification 
and classification of unidentified plant, Einimal, and microbe 
species; 
(4) actions to— 
(A) promote public awareness of tropical 
forest 
preservation; 
(B) protect threatened and endangered species; 
(C) improve forest management and planning; and 
(D) promote public awareness of the harm caused by 
introduced species; 
(5) the benefits of fencing or other m£inagement activities 
for the protection of Hawaii's native plants and animals from 
non-native species, including the identification and priorities 
for the areas where these activities are appropriate; 
(6) traditional practices, uses, £ind needs of native Hawai-
ians in tropical forests; 
(7) means of improving the health of tropical forests and 
related ecosystems in the State of Hawaii through programs 
administered by the Secretary of Agriculture and the Secretary 
of the Interior; 
(8) the capability of existing Federal, State, and private 
forestry programs for rejuvenating Hawaii's tropical forests; 
and 
(9) such other issues relating to tropical forests in Hawaii 
as the Task Force considers appropriate. 
(c) COMPOSITION.—The Task Force shall be composed of 12 
members, of whom— 
(1) three members shall be appointed by the Secretary 
of Agriculture, two of whom shall be representatives of the 
Forest Service and the Soil Conservation Service, respectively; 
(2) two members shall be appointed by the Secretary of 
the Interior as representatives of the United States Fish and 
Wildlife Service and the National Park Service, respectively; 
(3) six members shall be appointed by the Governor of 
Hawaii, of whom— 
(A) two members shall be private owners of tropical 
forest lands; 
(B) two members shall be experts in the field of tropical 
forestry; and 
106 STAT. 4598 
PUBLIC LAW 102-574—OCT. 29, 1992 
(C) two members shall be representatives of Hawaii 
conservation organizations that have demonstrated exper-
tise in the areas of tropical forest management, habitat 
preservation, and alien species control or have dem-
onstrated effective advocacy in the areas; and 
(4) one member shall be tne Administrator of the Depart-
ment of Land and Natural Resources, State of Hawaii, or the 
designated representative of the Administrator. 
(d) INITIAL APPOINTMENTS.—^Appointments under this section 
to the Task Force shall be made not later than 90 days after 
the date of enactment of this Act. 
(e) CHAIRPERSON.—^The Task Force shall select a Chairperson 
from among its members. 
(f) VACANCIES.—A vacancy on the Task Force shall not affect 
its powers and shall be filled in the same manner as the original 
appointment. 
(g) COMPENSATION.— 
(1) IN GENERAL.—^A member of the Task Force shall not 
receive compensation as a result of the performance of services 
for the Task Force. 
(2) TRAVEL EXPENSES.—The members of the Task Force 
shall be allowed travel expenses, including per diem in lieu 
of subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of business 
in the performance of services for the Task Force. 
(h) MEETINGS.—The Task Force shall meet not later than 180 
days after the date of enactment of this Act and shall meet at 
the call of the Chairperson. 
(i) VOTING.—^The Task Force shall act and advise by majority 
vote. 
(j) ASSISTANCE.—^The Secretary of Agriculture and the Secretary 
of the Interior shall provide such assistance and support as are 
necessary to meet the objectives of the Task Force. The assistance 
shall include making Federal facilities, equipment, tools, and tech-
nical assistance available on such terms and conditions as the 
appropriate Secretary considers necessary. 
(k) REPORT.—^The action plan required under subsection (b) 
shall be submitted to— 
(1) the Committees on Agriculture and Interior of the House 
of Representatives; 
(2) the Committees on Agriculture, Nutrition, and Forestry 
and Energy and Natural Resources of the Senate; 
(3) the Secretary of Agriculture; 
(4) the Secretary of the Interior; and 
(5) the Grovemor of Hawedi. 
(1) NONAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.—Sec-
tions 7(d), 10(f), and 14 of the Federal Advisory Committee Act 
(5 U.S.C. App. 2) shall not apply to the Task Force. 
PUBLIC LAW 102-574—OCT. 29,1992 
106 STAT. 4599 
(m) TERMINATION.—The Task Force and authority to carry out 
this section shaJl terminate 180 days after submitting the report 
required by subsection (b). 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 4502a 
There are authorized to be appropriated such svuns as are 
necessary to carry out sections 3 and 4. 
Approved October 29,1992. 
LEGISLATIVE HISTORY—S. 2679: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Sept. 30, considered and passed Senate. 
Oct. 2, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 29, Firesidential statement. 
o