An Act to authorize the Secretary of Agriculture to provide cooperative forestry assistance to States and others, and for other purposes.
PL 95-313 (H.R.11777), enacted 07/01/1978

PUBLIC LAW 95-313--JULY 1, 1978 
92 STAT. 365 
Public Law 95-313 
95th Congress 
An Act 
To authorize the Secretary of Agriculture to provide cooperative forestry 
assistance to States and others, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Cooperative Forestry Assistance Act of 1978". 
POLICY AND PURPOSE 
SEC. 2. (a) Congress finds and declares that— 
(1) most of the Nation's productive forest land is in private, 
State, and local governmental ownership, and the Nation's capac-
ity to produce renewable forest resources is significantly depend-
ent on these non-Federal forest lands; 
(2) adequate supplies of timber and other forest resources 
are essential to the Nation, and adequate supplies are dependent 
upon efficient methods for establishing, managing, and harvesting 
trees and processing, marketing, and using wood and wood 
products; 
(3) managed forest lands provide habitats for fish and wild-
life, as well as esthetics, outdoor recreation opportunities, and 
other forest resources; 
(4) 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; 
(5) fires in rural areas threaten human lives, property, and 
forests and other resources, and Federal-State cooperation in 
forest fire protection has proven effective and valuable; 
(6) trees and forests are of great environmental and economic 
value to urban areas; and 
(7) managed forests contribute to improving the quality, 
quantity, and timing of water yields, which are of broad benefit to 
society. 
(b) The purpose of this Act is to authorize the Secretary of Agri-
culture (hereinafter in this Act referred to as the "Secretary"), with 
respect to non-Federal forest lands, to assist in— 
(1) the advancement of forest resources management; 
(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, includ-
Iziii ing the recycling of wood fiber; 
(6) the improvement and maintenance of fish and wildlife 
habitat; and 
(7) the planning and conduct of urban forestry programs. 
(c) It is in the national interest for the Secretary to work through 
and in cooperation with State foresters or equivalent State officials 
in implementing Federal programs affecting non-Federal forest lands. 
July 1. 1978 
[H.R. 117771 
Cooperative 
Forestry 
Assistance Act 
of 1978. 
16 use 2101 
note. 
16 use 2101. 
92 STAT. 366 
PUBLIC LAW 95-313—JULY 1, 1978 
(d) This Act shall be deemed to complement the policies and direc-
tion set fortn in the Forest and Rangeland Renewable Resources 
16 use 1600 
Planning Act of 1974. 
note. 
t"i;* 
it/-
RURAL FORESTRY ASSISTANCE 
16 use 2102. 
SEC. 3. (a) Congress finds that— 
(1) production of timber on non-Federal forest lands and the 
efficient processing and use of wood produced on these lands are 
important in meeting the Nation's demand for wood and wood 
products; 
*' ' 
; 
(2) the Federal Government can assist in increasing timber 
inventories, improving and maintaining fish and wildlife habi-
tat, and providing other forest resources on non-Federal forest 
,.-: 
, 
. 
lands; and 
(3) Federal assistance in forest resources management on non-
Federal forest lands and the utilization of resources from these 
lands contribute to the economic strength and environmental qual-
ity of the Nation, providing many public benefits, 
(b) 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) procure, produce, and distribute tree seeds and trees for the 
purpose of establishing forests, windbreaks, shelterbelts, wood-
lots, and other plantings; 
(3) plant tree seeds and trees for the reforestation or afforesta-
tion of non-Federal forest lands suitable for the production of 
timber and other benefits associated with the growing of trees; 
(4) plan, organize, and implement measures on non-Federal 
forest lands, including, but not limited to, thinning, prescribed 
burning, and other silvicultural practices designed to increase the 
quantity and improve the quality of trees and other vegetation, 
fish and wildlife habitat, and water yielded therefrom; 
(5) protect or improve soil fertility on non-Federal forest lands 
and the quality, quantity, and timing of water yields; and 
(6) provide technical information, advice, and related assist-
ance to private forest landowners and managers, vendors, forest 
operators, wood processors, public agencies, and individuals 
regarding— 
(A) the harvesting, processing, and marketing of timber 
and other forest resources and the marketing and utilization 
: 
of wood and wood products; 
(B) conversion of wood to energy for domestic, industrial, 
municipal, and other uses; 
(C) management planning and treatment of forest land, 
§ftf i 
including, but not limited to, site preparation, reforestation, 
thinning, prescribed burning, and other silvicultural prac-
tices designed to increase the quantity and improve the qual-
- h 0! ! 
ity of timber and other forest resources; 
(D) protection and improvement of forest soil fertility and 
i'ill 
the quality, quantity, and timing of water yields; and 
(E) the effects of forestry practices on fish and wildlife 
and their habitats. 
Appropriation 
(c) There are hereby authorized to be appropriated annually such 
authorization. 
sums as may be needed to implement this section. 
PUBLIC LAW 95-313—JULY 1, 1978 
92 STAT. 367 
FORESTRY 
INCENTIVES 
16 use 2103. 
"Private forest 
land." 
16 use 1501. 
SEC. 4. (a) The Secretary is authorized to develop and implement a 
forestry incentives program to encourage the development, manage-
ment, and protection of nonindustrial private forest lands. The pur-
poses of such program shall be to encourage landowners to apply 
practices that will provide for afforestation of suitable open lands, 
reforestation of cutover or other nonstocked or understocked forest 
lands, timber stand improvement practices, including thinning, pre-
scribed burning, and other silvicultural treatments, and forest 
resources management and protection, so as to provide for the produc-
tion of timber and other forest resources associated therewith. 
(b) For the purposes of this section, the term "private forest land" 
means land capable of producing crops of industrial wood and owned 
by any private individual, group, Indian tribo or other native group, 
association, corporation, or other legal entity. 
(c) Landowners shall be eligible for cost sharing under this program eost sharing 
if they own one thousand acres or less of private forest land, except 
that the Secretary may approve cost sharing .with landowners owning 
more than one thousand acres of such land if significant public bene-
fits will accrue. In no case, however, may the Secretary approve cost 
sharing with landowners owning more than five thousand acres of 
private forest land. 
(d) The Secretary shall administer this section in accordance with Regulations, 
regulations the Secretary shall develop in consultation with the com-
mittee described in section 10(c) of this Act. Regulations issued 
under title X of the Agricultural Act of 1970, as added by the Agri-
culture and Consumer Protection Act of 1973, to the extent not incon-
sistent with the provisions of this section, shall remain in effect until 
revoked or amended by regulations issued under this subsection. The 
regulations issued under this subsection shall include guidelines for 
the administration of this section at the Federal and State levels, and 
shall identify the measures and activities eligible for cost sharing 
under this section. 
(e) Individual forest management plans developed by the land-
owner in cooperation with and approved by the State forester or 
equivalent State official shall be the basis for agreements between the 
landowner and the Secretary under this section. The Secretary shall 
encourage participating States to use private agencies, consultants, 
organizations, and firms to the extent feasible for the preparation of 
individual forest management plans. 
(f) In return for the agreement 'by the landowner, the Secretary 
shall agree to share the cost of implementing those forestry practices 
and measures set forth in the agreement for which the Secretary deter-
mines that cost sharing is appropriate. The portion of such cost 
(including labor) to be shared shall be that portion that the Secretary 
determines is necessary and appropriate to implement the forestry 
practices and measures under the agreement, but not more than 75 
percent of the actual costs incurred by the landowner. The maximum 
amount any individual may receive annually under the program 
authorized by this section shall be determined by the Secretary in 
consultation with the committee described in section 10(c) of this 
Act. 
(g) The Secretary shall, for the purposes of this section, distribute 
funds available for cost sharing among the States only after assessing 
the public benefit incident thereto, and after giving appropriate con-
sideration to (1) the acreage of private commerical forest land in 
Funds, 
distribution. 
92 STAT. 368 
PUBLIC LAW 95-313—JULY 1, 1978 
.mi'E. :')>•' 
16 use 1501-
1504, 1508. 
Appropriation 
authorization. 
each state, (2) the potential productivity of such land, (3) the num-
ber of ownerships eligible for cost sharing in each State, (4) the need 
for reforestation, timber stand improvement, or other forestry invest-
ments on such ownerships, and (5) the enhancement of other forest 
resources, 
(h) The Secretary may, if the Secretary determines that doing 
so will contribute to the effective and equitable administration of 
the program authorized by this section, use an advertising and bid 
procedure in determining the lands in any area to be covered by agree-
ments under this section. 
(i) In implementing this section, the Secretary may use the author-
ities provided in sections 1001, 1002, 1003, 1004, and 1008 of the 
Agricultural Act of 1970, as added by the Agriculture and Consumer 
Protection Act of 1973. 
(j) There are hereby authorized to be appropriated annually such 
sums as may be needed to implement this section, including funds 
necessary for technical assistance and expenses associated therewith. 
INSECT AND DISEASE CONTROL 
16 use 2104. 
SEC. 5. (a) The Secretary is authorized to protect from insects and 
diseases trees and forests and wood products, stored wood, and wood 
in use directly on the National Forest System and in cooperation with 
ar>*;ijsl:i3 
others on other lands in the United States, in order to— 
(1) enhance the growth and maintenance of trees and forests; 
(2) promote the stability of forest-related industries and 
employment associated therewith through protection of forest 
.lO-?,i yS3 dl • . 
resources; 
• 
• ;-
(3) aid in forest fire prevention and control; 
' ' 
^4^ conserve forest cover on watersheds; 
J 
(5) protect outdoor recreation opportunities and other forest 
f 
resources; and 
,, 
(6) extend timber supplies by protecting wood products, stored 
wood, and wood in use. 
(b) Subject to the provisions of subsections (c), (d), and (e) of 
this section and subject to whatever other conditions the Secretary 
may prescribe, the Secretary is authorized, directly on the National 
Forest System, and 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, to— 
(1) conduct surveys to detect and appraise insect infestations 
^ 
and disease conditions affecting trees; 
(2) determine the biological, chemical, and mechanical meas-
ures necessary to prevent, retard, control, or suppress incipient, 
potential, threatening, or emergency insect infestations and dis-
ease conditions affecting trees; 
t 
(3) plan, organize, direct, and perform measures the Secretary 
determines necessary to prevent, retard, control, or suppress incip-
' 
lent, potential, threatening, or emergency insect infestations and 
disease epidemics affecting trees; 
I. 
(4) provide technical information, advice, and related assist-
ance in managing and coordinating the use of pesticides and other 
4.iKi'1 
toxic substances applied to trees and other vegetation, and to wood 
.
s
M
'
i
J
u i't ;ih 
products, stored wood, and wood in use; and 
J 
(5) take any other actions the Secretary deems necessary to 
accomplish the objectives and purposes of this section. 
PUBLIC LAW 95-313—JULY 1. 1978 
92 STAT. 369 
(c) Operations planned 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 con-
sent, cooperation, and participation of the entity having ownership 
of or jurisdiction over the affected land. 
(d) N"o 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 con-
tribute, to the work to be done in the amount and in the manner deter-
mined by the Secretary. 
(e) The Secretary may, in the Secretary's discretition 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 deems necessary to 
prevent, retard, control, or suppress insect infestations and disease 
epidemics affecting trees on those lands. 
(f) Any money appropriated to implement this section shall be 
available for necessary expenses. However, no money appropriated to 
implement this section shall be used to (1) 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 infesta-
tion or disease epidemic severely affecting trees, or (2) compensate for 
the value of any property injured, damaged, or destroyed by any, 
cause. 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, as amended 
(41 U.S.C. 5), under whatever procedures the Secretary may prescribe, 
whenever the Secretary deems such action necessary and in the public 
interest. 
(g) There are hereby authorized to be appropriated annually such 
sums as may be needed to implement this section. 
Appropriation 
authorization. 
URBAX FORESTRY ASSISTx'^NCE 
SEC. 6. (a) Congress finds that— 
(1) trees and forests in urban areas, including cities, their sub-
,4 J. urbs, and towns, improve esthetic quality, reduce noise, filter 
impurities from the air and add oxygen to it, save energy by 
moderating temperature extremes, control wind and water ero-
sion, and provide habitat for wildlife; 
(2) trees and forests in urban areas are weakened, damaged, or 
killed by highway and street widening, sidewalk construction, air 
+ . pollution, modified drainage patterns, erosion, depletion of soil 
fertility, insects and diseases, mechanical and structural facilities, 
and other adverse influences that result from or are aggravated by 
,,,^, the concentrated use of land; and 
(3) planting, protecting, and maintaining trees and forests and 
,,, J. utilizing wood from pruned limbs, damaged trees, and felled trees 
in urban areas make those areas more pleasant and healthful, 
(b) 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, pro-
tect, and maintain, and utilize wood from, trees in open spaces, green-
belts, roadside screens, parks, woodlands, curb areas, and residential 
16 use 2105. '^1 
92 STAT. 370 
PUBLIC LAW 95-313—JULY 1, 1978 
developments in urban areas. The Secretary is also authorized to coop-
erate directly with units of local government and others in implement-
ing 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. 
Appropriation 
(c) There are hereby authorized to be appropriated annually such 
authorization. 
sums as may be needed to implement this section. 
RURAL FIRE PREVENTION AND CONTROL 
16 use 2106. 
SEC. 7. (a) Congress finds that— 
(1) significant accomplishments have been made by the Secre-
tary 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 improve-
ments, 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 Secre-
tary 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 pro-
oosiia.; 
vi(Je prompt and adequate assistance whenever a rural fire emer-
gency overwhelms, or threatens to overwhelm, the firefighting 
capability of the affected State or rural area, 
(b) Notwithstanding the Federal Fire Prevention and Control Act 
15 use 2201 
of 1974, the Secretary is authorized, under whatever conditions the 
"o*®- 
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 nat-
ural 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; and 
(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, farm-
steads or other improvements, pastures, orchards, wildlife, range-
"Rural areas." 
land, woodland, and other resources in rural areas. As used herein, 
the term "rural areas" shall have the meaning set out in the first 
PUBLIC LAW 95-313—JULY 1, 1978 
92 STAT. 371 
clause of section 306(a) (7) of the Consolidated Farm and Eural 
Development Act. 
(c) 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) To promote maximum effectiveness and economy, the Secretary 
shall seek to coordinate the assistance the Secretary provides under 
this section with the assistance provided by the Secretary of Commerce 
under the Federal Fire Prevention and Control Act of 1974. 
(e) There are hereby authorized to be appropriated annually such 
sums as may be needed to implement subsection (b) of this section. 
(f) 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 emer-
gencies 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. 
7 u s e 1926. 
40 u s e 471 note. 
15 u s e 2201 
note. 
Appropriation 
authorization. 
Rural fire 
disaster fund. 
Appropriation 
authorization. 
MANAGEMENT ASSISTANCE, PLANNING ASSISTANCE, AND TECHNOLOGY 
IMPLEMENTATION 
SEC. 8. (a) To aid in achieving maximum effectiveness in the pro-
grams and activities conducted under this Act, the Secretary is author-
ized 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 
better 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) 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 restrict assistance under this sub-
section 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 extend-
ing, limiting, amending, repealing, or otherwise affecting any other 
law or authority. 
(c) 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, pri-
vate forest landowners and managers, vendors, forest operators, wood 
16 use 2107. 
92 STAT. 372 
PUBLIC LAW 95-313—JULY 1, 1978 
processors, public agencies, and individuals, the Secretary is author-
'.t; s^.r V 
ized to carry out a program of technology implementation. 
(1) In implementing this subsection, the Secretary is author-
ized to work through State foresters or equivalent State officials, 
and, if the State forester or equivalent State official is unable to 
;:«« l\-bD'tU)i 
deliver these services, the Secretary is authorized to act through 
appropriate United States Department of Agriculture agencies, 
subdivisions of States, agencies, institutions, organizations, or 
individuals to— 
(A) strengthen technical assistance and service programs 
r; - : '^ « ^l 
of cooperators participating in programs under this Act by 
• • 
applying research results and conducting pilot projects and 
field tests of management and utilization practices, equip-
. 
ment, and technologies, related to programs and activities 
•' ''•'" ,' •. 
authorized under this Act; 
i .
.
^
f ., 
^jg^ 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; 
, , .a , ';; ' 
!• 
(D) test, evaluate, and seek registration of chemicals for 
s '!:fi\'n-; 
. : 
f ,, , 
use in implementing the programs and activities authorized 
under this Act; 
(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 
•' 
O' ? 
changing conditions. 
(2) The Secretary may make funds available to cooperators 
under this Act without regard to the provisions of section 3648 of 
the Revised Statutes (31 U.S.C. 529), which prohibits advances of 
r 
public money. 
(3) The Secretary shall use forest resources planning commit-
tees at National and State levels in implementing this subsection. 
Appropriation 
(d) There are hereby authorized to be appropriated annually such 
authorization. 
sums as may be needed to implement this section. 
CONSOLIDATED PAYMENTS 
16 use 2108. 
SEC. 9. (a) To provide flexibility in funding activities authorized 
under this Act, the Secretary may, upon the request of any State, con-
solidate 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) Consolidation of payments made under this section shall be 
based upon State forest resources programs developed by State for-
esters or equivalent State officials, and reviewed by the Secretary. 
(c) 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 pro-
gram. However, the Secretary may make payments that exceed the 
non-Federal amount expended for selected activities under the pro-
gram, 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. 
{}{<: 
PUBLIC LAW 95-313—JULY 1, 1978 
92 STAT. 373 
(d) The Secretary may make consolidated payments on the certifi-
cate of the State forester or equivalent State official that the condi-
tions for Federal payment have been met. 
(e) 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) 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 13 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 deter-
mining the base amount for any participating State. 
GENERAL PROVISIONS 
16 use 2109. 
Funds, 
availability. 
SEC. 10. (a) 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 fur-
nish necessary materials and services; and 
'••'}• 
(4) promote effectiveness and ecx)nomy by coordinating the 
direct actions and assistance authorized under this Act with 
related programs the Secretary administers, and with coopera-
tiA^e programs of other agencies. 
(b) Money appropriated under this Act shall remain available until 
expended. 
(c) 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 
cooperators under this Act, shall he 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 
• n j 
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 condi-
tions that the Secretary may determine. 
(d) For the purposes of this Act— 
(1) The terms "United States" and "State" shall include each Definitions, 
of the several States, the District of Columbia, the Commonwealth 
of Puerto Bico, the Virgin Islands of the United States, the Com-
monwealth of the Northern Mariana Islands, the Trust Territory 
''-'' • ' 
of the Pacific Islands, and the territories and possessions of the 
•n United States; 
i
*
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^ 
(2) The term "forest resources" shall include esthetics, fish 
and wildlife, forage, outdoor recreation opportunities, timber, 
and water; and 
92 STAT. 374 
PUBLIC LAW 95-313—JULY 1, 1978 
Rules and 
regulations. 
Grants, 
agreements, 
contracts. 
(3) The term "urban forestry" means the planning, establish-
ment, protection, and management of trees and associated plants, 
individually, in small groups, or under forest conditions within 
cities, their suburbs, and towns. 
(e) The Secretary may prescribe rules and regulations, as the Sec-
retary deems appropriate, to implement the provisions of this Act. 
(f) The Secretary is authorized to make grants, agreements, con-
tracts, and other arrangements the Secretary deems necessary to 
implement this Act^ 
(g) 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 Secre-
tary, except as specifically cited in section 13 of this Act. 
STATEMENT OF LIMITATION 
16 use 2110. 
SEC. 11. This Act does 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, and this 
Act does not diminish in any way the rights and responsibilities of the 
States and political subdivisions of States. 
16 use 1606 
note. 
16 use 1606. 
REPORTS 
SEC. 12. To ensure that Congress has adequate information to imple-
ment its oversight responsibilities and to provide accountability for 
expenditures and activities under this Act, section 8(c) of the Forest 
and Rangeland Renewable Resources Planning Act of 1974 is amended 
b y -
(1) inserting immediately before the period at the end of the 
last sentence "and in cooperative State and private Forest Service 
programs"; and 
(2) adding a new sentence at the end thereof as follows: "With 
regard to the cooperative forestry assistance part of the Program, 
the report shall include, but not be limited to, a description of 
the status, accomplishments, needs, and work backlogs for the 
programs and activities conducted under the Cooperative Forestry 
Assistance Act of 1978.". 
16 use 2111. 
16 use 5941-1 
note. 
16 u s e 568c 
note. 
16 u s e 568e. 
7 u s e 2651. 
16 u s e 1509, 
1510. 
REPEAL OF OTHER LAWS; EXISTING CONTRACTS AND AGREEMENTS; 
APPROPRIATIONS 
SEC. 13. (a) 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); 
(3) the Forest Pest Control Act; 
1* 
(4) the Cooperative Forest Management Act; 
(5) section 401 of the AgriculturalAct of 1956; 
(6) title IV of the Rural Development Act of 1972; and 
(7) section 1009 and the proviso to section 1010 of the Agricul-
tural Act of 1970, as added by the Agriculture and Consumer 
Protection Act of 1973. 
PUBLIC LAW 95-313—JULY 1, 1978 
92 STAT. 375 
(b) Contracts and cooperative and other agreements under coopera-
tive forestry programs executed under authority of the Acts, or por-
tions 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) Funds appropriated under the authority of the Acts, or portions Funds, 
thereof, repealed under subsection (a) of this section shall be available availability, 
for expenditure for the programs authorized under this Act. 
EFFECTIVE DATE 
SEC. 14. The provisions of this Act shall become effective October 1, 16 USC 2101 
1978. 
note-
Approved July 1, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1183 (Comm. on Agriculture). 
SENATE REPORT No. 95-879 accompanying S. 3033 (Comm. on Agriculture, Nutri-
tion, and Forestry). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
May 22, considered and passed House. 
June 7, considered and passed Senate, amended, in lieu of S. 3033. 
June 16, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 27: 
July 1, Presidential statement.