Collapse to view only § 2109a. State and private forest landscape-scale restoration program
- § 2101. Findings, purpose, and policy
- § 2101a. State-wide assessment and strategies for forest resources
- § 2102. Rural forestry assistance
- § 2103. Repealed.
- § 2103a. Forest Stewardship Program
- § 2103b. Repealed.
- § 2103c. Forest Legacy Program
- § 2103d. Community forest and open space conservation program
- § 2104. Forest health protection
- § 2104a. Pest and Disease Revolving Loan Fund
- § 2105. Urban and community forestry assistance
- § 2106. Rural fire prevention and control
- § 2106a. Emergency reforestation assistance
- § 2106b. Use of money collected from States for fire suppression assistance
- § 2106c. Enhanced community fire protection
- § 2107. Financial, technical, and related assistance to States
- § 2108. Consolidation of payments
- § 2109. General provisions
- § 2109a. State and private forest landscape-scale restoration program
- § 2109b. Repealed.
- § 2110. Statement of limitation
- § 2111. Other Federal programs
- § 2112. Repealed.
- § 2113. Federal, State, and local coordination and cooperation
- § 2113a. Good neighbor authority
- § 2114. Administration
§ 2101. Findings, purpose, and policy
(a) Findings
Congress finds that—
(1) most of the productive forest land of the United States is in private, State, and local governmental ownership, and the capacity of the United States to produce renewable forest resources is significantly dependent on such non-Federal forest lands;
(2) adequate supplies of timber and other forest resources are essential to the United States, and adequate supplies are dependent on efficient methods for establishing, managing, and harvesting trees and processing, marketing, and using wood and wood products;
(3) nearly one-half of the wood supply of the United States comes from nonindustrial private timberlands and such percentage could rise with expanded assistance programs;
(4) managed forest lands provide habitats for fish and wildlife, as well as aesthetics, outdoor recreation opportunities, and other forest resources;
(5) the soil, water, and air quality of the United States can be maintained and improved through good stewardship of privately held forest resources;
(6) 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;
(7) fires in rural areas threaten human lives, property, forests and other resources, and Federal-State cooperation in forest fire protection has proven effective and valuable;
(8) trees and forests are of great environmental and economic value to urban areas;
(9) managed forests contribute to improving the quality, quantity, and timing of water yields that are of broad benefit to society;
(10) over half the forest lands of the United States are in need of some type of conservation treatment;
(11) forest landowners are being faced with increased pressure to convert their forest land to development and other purposes;
(12) increased population pressures and user demands are being placed on private, as well as public, landholders to provide a wide variety of products and services, including fish and wildlife habitat, aesthetic quality, and recreational opportunities;
(13) stewardship of privately held forest resources requires a long-term commitment that can be fostered through local, State, and Federal governmental actions;
(14) the Department of Agriculture, through the coordinated efforts of its agencies with forestry responsibilities, cooperating with other Federal agencies, State foresters, and State political subdivisions, has the expertise and experience to assist private landowners in achieving individual goals and public benefits regarding forestry;
(15) the products and services resulting from nonindustrial private forest land stewardship provide income and employment that contribute to the economic health and diversity of rural communities; 1
1 See 1990 Amendment note below.
(16) sustainable agroforestry systems and tree planting in semiarid lands can improve environmental quality and maintain farm yields and income; and 1
(18)2
2 So in original. Probably should be “(17)”.
the same forest resource supply, protection, and management issues that exist in the United States are also present on an international scale, and the forest and rangeland renewable resources of the world are threatened by deforestation due to conversion to agriculture of lands better suited to other purposes, over-grazing, over-harvesting, and other causes which pose a direct adverse threat to people, the global environment, and the world economy.1(b) Purpose
It is the purpose of this chapter to authorize the Secretary of Agriculture (hereafter in this chapter referred to as the “Secretary”), with respect to non-Federal forest lands in the United States, and forest lands in foreign countries, of the United States, to assist in—
(1) the establishment of a coordinated and cooperative Federal, State, and local forest stewardship program for management of the non-Federal forest lands;
(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, including the recycling of wood fiber;
(6) the improvement and maintenance of fish and wildlife habitat;
(7) the planning and conduct of urban forestry programs;
(8) broadening existing forest management, fire protection, and insect and disease protection programs on non-Federal forest lands to meet the multiple use objectives of landowners in an environmentally sensitive manner;
(9) providing opportunities to private landowners to protect ecologically valuable and threatened non-Federal forest lands; and
(10) strengthening educational, technical, and financial assistance programs that provide assistance to owners of non-Federal forest lands in the United States, and forest lands in foreign countries,.3
3 So in original.
(c) Priorities
In allocating funds appropriated or otherwise made available under this chapter, the Secretary shall focus on the following national private forest conservation priorities, notwithstanding other priorities specified elsewhere in this chapter:
(1) Conserving and managing working forest landscapes for multiple values and uses.
(2) Protecting forests from threats, including catastrophic wildfires, hurricanes, tornados, windstorms, snow or ice storms, flooding, drought, invasive species, insect or disease outbreak, or development, and restoring appropriate forest types in response to such threats.
(3) Enhancing public benefits from private forests, including air and water quality, soil conservation, biological diversity, carbon storage, forest products, forestry-related jobs, production of renewable energy, wildlife, wildlife corridors and wildlife habitat, and recreation.
(d) Reporting requirement
(e) Policy
(f) Construction
(Pub. L. 95–313, § 2, July 1, 1978, 92 Stat. 365; Pub. L. 101–513, title VI, § 611(b)(1), (2), formerly § 607(b)(1), (2), Nov. 5, 1990, 104 Stat. 2072, renumbered § 611(b)(1), (2), Pub. L. 102–574, § 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; Pub. L. 101–624, title XII, § 1212, Nov. 28, 1990, 104 Stat. 3521; Pub. L. 110–234, title VIII, § 8001, May 22, 2008, 122 Stat. 1279; Pub. L. 110–246, § 4(a), title VIII, § 8001, June 18, 2008, 122 Stat. 1664, 2041.)
§ 2101a. State-wide assessment and strategies for forest resources
(a) Assessment and strategies for forest resourcesFor a State to be eligible to receive funds under the authorities of this chapter, the State forester of that State or equivalent State official shall develop and submit to the Secretary, not later than two years after the date of enactment of the Food, Conservation, and Energy Act of 2008, the following:
(1) A State-wide assessment of forest resource conditions, including—
(A) the conditions and trends of forest resources in that State;
(B) the threats to forest lands and resources in that State consistent with the national priorities specified in section 2101(c) of this title;
(C) any areas or regions of that State that are a priority; and
(D) any multi-State areas that are a regional priority.
(2) A long-term State-wide forest resource strategy, including—
(A) strategies for addressing threats to forest resources in the State outlined in the assessment required by paragraph (1); and
(B) a description of the resources necessary for the State forester or equivalent State official from all sources to address the State-wide strategy.
(b) Updating
(c) CoordinationIn developing or updating the State-wide assessment and State-wide strategy required by subsection (a), the State Forester or equivalent State official shall coordinate with—
(1) the State Forest Stewardship Coordinating Committee established for the State under section 2113(b) of this title;
(2) the State wildlife agency, with respect to strategies contained in the State wildlife action plans;
(3) the State Technical Committee;
(4) applicable Federal land management agencies;
(5) as feasible, appropriate military installations where the voluntary participation and management of private or State-owned or other public forestland is able to support, promote, and contribute to the missions of such installations; and
(6) for purposes of the Forest Legacy Program under section 2103c of this title, the State lead agency designated by the Governor.
(d) Incorporation of other plans
(e) Sufficiency
(f) Funding
(1) Authorization of appropriations
(2) Additional funding sources
(g) Annual report on use of funds
(Pub. L. 95–313, § 2A, as added Pub. L. 110–234, title VIII, § 8002, May 22, 2008, 122 Stat. 1280, and Pub. L. 110–246, § 4(a), title VIII, § 8002, June 18, 2008, 122 Stat. 1664, 2041; amended Pub. L. 113–79, title VIII, § 8101, Feb. 7, 2014, 128 Stat. 914; Pub. L. 115–334, title VIII, § 8101, Dec. 20, 2018, 132 Stat. 4837.)
§ 2102. Rural forestry assistance
(a) Assistance to forest landowners and othersThe Secretary may provide financial, technical, educational, and related assistance to State foresters or equivalent State officials, and State extension directors, to enable such officials to provide technical information, advice, and related assistance to private forest land owners and managers, vendors, forest resource operators, forest resource professionals, public agencies, and individuals to enable such persons to carry out activities that are consistent with the purposes of this chapter, including—
(1) protecting, maintaining, enhancing, restoring, and preserving forest lands and the multiple values and uses that depend on such lands;
(2) identifying, protecting, maintaining, enhancing, and preserving wildlife and fish species, including threatened and endangered species, and their habitats;
(3) implementing forest management technologies;
(4) selecting, producing, and marketing alternative forest crops, products and services from forest lands;
(5) protecting forest land from damage caused by fire, insects, disease, and damaging weather;
(6) managing the rural-land and urban-land interface to balance the use of forest resources in and adjacent to urban and community areas;
(7) identifying and managing recreational forest land resources;
(8) identifying and protecting the aesthetic character of forest lands;
(9) protecting forest land from conversion to alternative uses; and
(10) the management of resources of forest lands, including—
(A) the harvesting, processing, and marketing of timber and other forest resources and the marketing and utilization of wood and wood products;
(B) the conversion of wood to energy for domestic, industrial, municipal, and other uses;
(C) the planning, management, and treatment of forest land, including site preparation, reforestation, thinning, prescribed burning, and other silvicultural activities designed to increase the quantity and improve the quality of timber and other forest resources;
(D) ensuring that forest regeneration or reforestation occurs if needed to sustain long-term resource productivity;
(E) protecting and improving forest soil fertility and the quality, quantity, and timing of water yields; and
(F) encouraging the investment of a portion of the proceeds from the sale of timber or other forest resources in stewardship activities that preserve, protect, maintain, and enhance their forest land.
(b) State forestry assistanceThe 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) develop and contract for the development of field arboretums, greenhouses, and tree nurseries, in cooperation with a State, to facilitate production and distribution of tree seeds and seedlings in States where the Secretary determines that there is an inadequate capacity to carry out present and future reforestation needs;
(3) procure, produce, and distribute tree seeds and trees for the purpose of establishing forests, windbreaks, shelterbelts, woodlots, and other plantings;
(4) plant tree seeds and seedlings on non-Federal forest lands that are suitable for the production of timber, recreation, and for other benefits associated with the growing of trees;
(5) plan, organize, and implement measures on non-Federal forest lands, including thinning, prescribed burning, and other silvicultural activities designed to increase the quantity and improve the quality of trees and other vegetation, fish and wildlife habitat, and water yielded therefrom; and
(6) protect or improve soil fertility on non-Federal forest lands and the quality, quantity, and timing of water yields therefrom.
(c) Implementation
(d) Authorization of appropriations
(Pub. L. 95–313, § 3, July 1, 1978, 92 Stat. 366; Pub. L. 101–624, title XII, § 1213, Nov. 28, 1990, 104 Stat. 3523.)
§ 2103. Repealed. Pub. L. 113–79, title VIII, § 8001(a), Feb. 7, 2014, 128 Stat. 913
§ 2103a. Forest Stewardship Program
(a) Establishment
(b) Goal
(c) “Nonindustrial private forest lands” defined
(d) ImplementationIn carrying out the Program the Secretary, in consultation with State foresters or equivalent State officials, shall provide financial, technical, educational, and related assistance to State foresters or equivalent State officials, including assistance to help such State foresters or equivalent officials to provide financial assistance to other State and local natural resource entities, both public and private, and land-grant universities for the delivery of information and professional assistance to owners of nonindustrial private forest lands. Such information and assistance shall be directed to help such owners understand and evaluate alternative actions they might take, including—
(1) managing and enhancing the productivity of timber, fish and wildlife habitat, water quality, wetlands, recreational resources, and the aesthetic value of forest lands;
(2) investing in practices to protect, maintain, and enhance the resources identified in paragraph (1);
(3) ensuring that afforestation, reforestation, improvement of poorly stocked stands, timber stand improvement, practices necessary to improve seedling growth and survival, and growth enhancement practices occur where needed to enhance and sustain the long-term productivity of timber and nontimber forest resources to help meet future public demand for all forest resources and provide the environmental benefits that result; and
(4) protecting their forests from damage caused by fire, insects, disease, and damaging weather.
(e) Eligibility
(f) Duties of ownersTo enter forest land into the Program, landowners shall—
(1) prepare and submit to the State forester or equivalent State official a forest stewardship plan that meets the requirements of this section and that—
(A) is prepared by a professional resource manager;
(B) identifies and describes actions to be taken by the landowner to protect soil, water, range, aesthetic quality, recreation, timber, water, and fish and wildlife resources on such land in a manner that is compatible with the objectives of the landowner; and
(C) is approved by the State forester, or equivalent State official; and
(2) agree that all activities conducted on such land shall be consistent with the stewardship plan.
(g) Stewardship recognition
(h) Authorization of appropriations
(Pub. L. 95–313, § 5, as added Pub. L. 101–624, title XII, § 1215(2), Nov. 28, 1990, 104 Stat. 3525; amended Pub. L. 102–237, title X, § 1018(a)(1), Dec. 13, 1991, 105 Stat. 1905.)
§ 2103b. Repealed. Pub. L. 113–79, title VIII, § 8002, Feb. 7, 2014, 128 Stat. 913
§ 2103c. Forest Legacy Program
(a) Establishment and purpose
(b) State and regional forest legacy programs
(c) Interests in land
(d) Implementation
(1) In general
(2) Initial programs
(e) Eligibility
(f) Application
(g) State consent
(h) Forest management activities
(1) In general
(2) Assignment of responsibilities
(i) Duties of owners
(j) Compensation and cost sharing
(1) Compensation
(2) Cost sharing
(k) Easements
(1) Reserved interest deeds
(2) Prohibitions on limitationsNotwithstanding any provision of State law, no conservation easement held by the United States or its successors or assigns under this section shall be limited in duration or scope or be defeasible by—
(A) the conservation easement being in gross or appurtenant;
(B) the management of the conservation easement having been delegated or assigned to a non-Federal entity;
(C) any requirement under State law for re-recordation or renewal of the easement; or
(D) any future disestablishment of a Forest Legacy Program area or other Federal project for which the conservation easement was originally acquired.
(3) Construction
(l) Optional State grants
(1) In general
(2) AdministrationIf a State elects to receive a grant under this subsection—
(A) the Secretary shall use a portion of the funds made available under subsection (m), as determined by the Secretary, to provide a grant to the State; and
(B) the State shall use the grant to carry out the Forest Legacy Program in the State, including the acquisition by the State of lands and interests in lands.
(3) Transfer of Forest Legacy Program land—
(A) In general
(B) RequirementsIn conveying land or an interest in land under subparagraph (A), the Secretary may require that—
(i) the deed conveying the land or interest in land include requirements for the management of the land in a manner that—(I) conserves the land or interest in land; and(II) is consistent with any other Forest Legacy Program purposes for which the land or interest in land was acquired;
(ii) if the land or interest in land is subsequently sold, exchanged, or otherwise disposed of by the State of Vermont, the State shall—(I) reimburse the Secretary in an amount that is based on the current market value of the land or interest in land in proportion to the amount of consideration paid by the United States for the land or interest in land; or(II) convey to the Secretary land or an interest in land that is equal in value to the land or interest in land conveyed.
(C) Disposition of funds
(m) Appropriation
(Pub. L. 95–313, § 7, as added Pub. L. 101–624, title XII, § 1217, Nov. 28, 1990, 104 Stat. 3528; amended Pub. L. 102–237, title X, § 1018(a)(2), Dec. 13, 1991, 105 Stat. 1905; Pub. L. 104–127, title III, § 374, Apr. 4, 1996, 110 Stat. 1015; Pub. L. 108–108, title III, § 336, Nov. 10, 2003, 117 Stat. 1313.)
§ 2103d. Community forest and open space conservation program
(a) DefinitionsIn this section:
(1) Eligible entity
(2) Indian tribe
(3) Local governmental entity
(4) Nonprofit organizationThe term “nonprofit organization” means any organization that—
(A) is described in section 170(h)(3) of title 26; and
(B) operates in accordance with 1 or more of the purposes specified in section 170(h)(4)(A) of title 26.
(5) Program
(6) Secretary
(b) Establishment
(c) Grant program
(1) In generalThe Secretary may award grants to eligible entities to acquire private forest land,1
1 So in original. Probably should be “lands,”.
to be owned in fee simple, that—(A) are threatened by conversion to nonforest uses; and
(B) provide public benefits to communities, including—
(i) economic benefits through sustainable forest management;
(ii) environmental benefits, including clean water and wildlife habitat;
(iii) benefits from forest-based educational programs, including vocational education programs in forestry;
(iv) benefits from serving as models of effective forest stewardship for private landowners; and
(v) recreational benefits, including hunting and fishing.
(2) Federal cost share
(3) Non-Federal share
(4) Appraisal of parcels
(5) ApplicationAn eligible entity that seeks to receive a grant under the Program shall submit to the State forester or equivalent official (or in the case of an Indian tribe, an equivalent official of the Indian tribe) an application that includes—
(A) a description of the land to be acquired;
(B) a forest plan that provides—
(i) a description of community benefits to be achieved from the acquisition of the private forest land; and
(ii) an explanation of the manner in which any private forest land to be acquired using funds from the grant will be managed; and
(C) such other relevant information as the Secretary may require.
(6) Effect on trust land
(A) Ineligibility
(B) Acquired land
(7) Applications to Secretary
(d) Duties of eligible entity
(e) Prohibited uses
(1) In general
(2) Reimbursement of funds
(3) Loss of eligibility
(f) State administration and technical assistance
(g) Authorization of appropriations
(Pub. L. 95–313, § 7A, as added Pub. L. 110–234, title VIII, § 8003(b), May 22, 2008, 122 Stat. 1281, and Pub. L. 110–246, § 4(a), title VIII, § 8003(b), June 18, 2008, 122 Stat. 1664, 2043.)
§ 2104. Forest health protection
(a) In general
The Secretary may protect trees and forests and wood products, stored wood, and wood in use directly on the National Forest System and, in cooperation with others, on other lands in the United States, from natural and man-made causes, to—
(1) enhance the growth and maintenance of trees and forests;
(2) promote the stability of forest-related industries and employment associated therewith through the protection of forest resources;
(3) aid in forest fire prevention and control;
(4) conserve forest cover on watersheds, shelterbelts, and windbreaks;
(5) protect outdoor recreation opportunities and other forest resources; and
(6) extend timber supplies by protecting wood products, stored wood, and wood in use.
(b) Activities
Subject to subsections (c), (d), and (e) and to such other conditions the Secretary may prescribe, the Secretary may, directly on the National Forest System, 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—
(1) conduct surveys to detect and appraise insect infestations and disease conditions and man-made stresses affecting trees and establish a monitoring system throughout the forests of the United States to determine detrimental changes or improvements that occur over time, and report annually concerning such surveys and monitoring;
(2) determine the biological, chemical, and mechanical measures necessary to prevent, retard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease conditions affecting trees;
(3) plan, organize, direct, and perform measures the Secretary determines necessary to prevent, retard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease epidemics affecting trees;
(4) provide technical information, advice, and related assistance on the various techniques available to maintain a healthy forest and in managing and coordinating the use of pesticides and other toxic substances applied to trees and other vegetation, and to wood products, stored wood, and wood in use;
(5) develop applied technology and conduct pilot tests of research results prior to the full-scale application of such technology in affected forests;
(6) promote the implementation of appropriate silvicultural or management techniques that may improve or protect the health of the forests of the United States; and
(7) take any other actions the Secretary determines necessary to accomplish the objectives and purposes of this section.
(c) Consent of entity
(d) Contribution by entity
(e) Allotments to other agencies
(f) Limitation on use of appropriations
(1) Removing dead trees
No amounts appropriated shall be used to—
(A) 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 infestation or disease epidemic severely affecting trees; or
(B) compensate for the value of any property injured, damaged, or destroyed by any cause.
(2) Insects and diseases affecting trees
(g) Partnerships
(h) Authorization of appropriations
(i) Integrated pest management
(1) In general
Subject to the provisions of subsections (c) and (e), the Secretary shall, in cooperation with State foresters or equivalent State officials, subdivisions of States, or other entities on non-Federal lands (hereafter in this subsection referred to as the “cooperator”)—
(A) provide cost-share assistance to such cooperators who have established an acceptable integrated pest management strategy, as determined by the Secretary, that will prevent, retard, control, or suppress gypsy moth, southern pine beetle, spruce budworm infestations, or other major insect infestations in an amount no less than 50 percent nor greater than 75 percent of the cost of implementing such strategy; and
(B) upon request, assist the cooperator in the development of such integrated pest management strategy.
(2) Authorization of appropriations
(Pub. L. 95–313, § 8, formerly § 5, July 1, 1978, 92 Stat. 368; renumbered § 8 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1218, Nov. 28, 1990, 104 Stat. 3525, 3531.)
§ 2104a. Pest and Disease Revolving Loan Fund
(a) DefinitionsIn this section:
(1) Authorized equipment
(A) In general
(B) InclusionsThe term “authorized equipment” includes—
(i) cherry pickers;
(ii) equipment necessary for—(I) the construction of staging and marshalling areas;(II) the planting of trees; and(III) the surveying of forest land;
(iii) vehicles capable of transporting harvested trees;
(iv) wood chippers; and
(v) any other appropriate equipment, as determined by the Secretary.
(2) Fund
(3) Secretary
(b) Establishment of Fund
(c) Expenditures from Fund
(1) In general
(2) Administrative expenses
(d) Transfers of amounts
(1) In general
(2) Adjustments
(e) Uses of Fund
(1) Loans
(A) In generalThe Secretary shall use amounts in the Fund to provide loans to eligible units of local government to finance purchases of authorized equipment to monitor, remove, dispose of, and replace infested trees that are located—
(i) on land under the jurisdiction of the eligible units of local government; and
(ii) within the borders of quarantine areas infested by plant pests.
(B) Maximum amountThe maximum amount of a loan that may be provided by the Secretary to an eligible unit of local government under this subsection shall be the lesser of—
(i) the amount that the eligible unit of local government has appropriated to finance purchases of authorized equipment in accordance with subparagraph (A); or
(ii) $5,000,000.
(C) Interest rate
(D) Report
(2) Loan repayment schedule
(A) In general
(B) Requirements relating to loan repayment scheduleA loan repayment schedule established under subparagraph (A) shall require the eligible unit of local government—
(i) to repay to the Secretary of the Treasury, not later than 1 year after the date on which the eligible unit of local government receives a loan under paragraph (1), and semiannually thereafter, an amount equal to the quotient obtained by dividing—(I) the principal amount of the loan (including interest); by(II) the total quantity of payments that the eligible unit of local government is required to make during the repayment period of the loan; and
(ii) not later than 20 years after the date on which the eligible unit of local government receives a loan under paragraph (1), to complete repayment to the Secretary of the Treasury of the loan made under this section (including interest).
(f) Authorization of appropriations
(Pub. L. 110–234, title X, § 10205, May 22, 2008, 122 Stat. 1344; Pub. L. 110–246, § 4(a), title X, § 10205, June 18, 2008, 122 Stat. 1664, 2106.)
§ 2105. Urban and community forestry assistance
(a) FindingsThe Congress finds that—
(1) the health of forests in urban areas and communities, including cities, their suburbs, and towns, in the United States is on the decline;
(2) forest lands, shade trees, and open spaces in urban areas and communities improve the quality of life for residents;
(3) forest lands and associated natural resources enhance the economic value of residential and commercial property in urban and community settings;
(4) urban trees are 15 times more effective than forest trees at reducing the buildup of carbon dioxide and aid in promoting energy conservation through mitigation of the heat island effect in urban areas;
(5) tree plantings and ground covers such as low growing dense perennial turfgrass sod in urban areas and communities can aid in reducing carbon dioxide emissions, mitigating the heat island effect, and reducing energy consumption, thus contributing to efforts to reduce global warming trends;
(6) efforts to encourage tree plantings and protect existing open spaces in urban areas and communities can contribute to the social well-being and promote a sense of community in these areas; and
(7) strengthened research, education, technical assistance, and public information and participation in tree planting and maintenance programs for trees and complementary ground covers for urban and community forests are needed to provide for the protection and expansion of tree cover and open space in urban areas and communities.
(b) PurposesThe purposes of this section are to—
(1) improve understanding of the benefits of preserving existing tree cover in urban areas and communities;
(2) encourage owners of private residences and commercial properties to maintain trees and expand forest cover on their properties;
(3) provide education programs and technical assistance to State and local organizations (including community associations and schools) in maintaining forested lands and individual trees in urban and community settings and identifying appropriate tree species and sites for expanding forest cover;
(4) provide assistance through competitive matching grants awarded to local units of government, approved organizations that meet the requirements of section 501(c)(3) of title 26, or other local community tree volunteer groups, for urban and community forestry projects;
(5) implement a tree planting program to complement urban and community tree maintenance and open space programs and to reduce carbon dioxide emissions, conserve energy, and improve air quality in addition to providing other environmental benefits;
(6) promote the establishment of demonstration projects in selected urban and community settings to illustrate the benefits of maintaining and creating forest cover and trees;
(7) enhance the technical skills and understanding of sound tree maintenance and arboricultural practices including practices involving the cultivation of trees, shrubs and complementary ground covers, of individuals involved in the planning, development, and maintenance of urban and community forests and trees; and
(8) expand existing research and educational efforts intended to improve understanding of—
(A) tree growth and maintenance, tree physiology and morphology, species adaptations, and forest ecology,
(B) the value of integrating trees and ground covers,
(C) the economic, environmental, social, and psychological benefits of trees and forest cover in urban and community environments, and
(D) the role of urban trees in conserving energy and mitigating the urban heat island.
(c) General authority
(d) Program of education and technical assistanceThe Secretary, in cooperation with State foresters and State extension directors or equivalent State officials and interested members of the public, including nonprofit private organizations, shall implement a program of education and technical assistance for urban and community forest resources. The program shall be designed to—
(1) assist urban areas and communities in conducting inventories of their forest resources, including inventories of the species, number, location, and health of trees in urban areas and communities, identifying opportunities for the establishment of plantings for the purposes of conserving energy, and determining the status of related resources (including fish and wildlife habitat, water resources, and trails);
(2) assist State and local organizations (including community associations and schools) in organizing and conducting urban and community forestry projects and programs;
(3) improve education and technical support in—
(A) selecting tree species appropriate for planting in urban and community environments and for promotion of energy conservation;
(B) providing for proper tree planting, maintenance, and protection in urban areas and communities;
(C) protecting individual trees and preserving existing open spaces with or without tree cover; and
(D) identifying opportunities for expanding tree cover in urban areas and communities;
(4) assist in the development of State and local management plans for trees and associated resources in urban areas and communities; and
(5) increase public understanding of the energy conservation, economic, social, environmental, and psychological values of trees and open space in urban and community environments and expand knowledge of the ecological relationships and benefits of trees and related resources in these environments.
(e) Procurement of plant materials
(f) Challenge cost-share program
(1) In general
(2) Cost-sharing
(g) Forestry Advisory Council
(1) Establishment and purposeThe Secretary shall establish a National Urban and Community Forestry Advisory Council (hereafter in this section referred to as the “Council”) for the purpose of—
(A) developing a national urban and community forestry action plan;
(B) evaluating the implementation of that plan; and
(C) developing criteria for, and submitting recommendations with respect to, the urban and community forestry challenge cost-share program under subsection (f).
(2) Composition and operation
(A) CompositionThe Council shall be composed of 15 members appointed by the Secretary, as follows:
(i) 2 members representing national nonprofit forestry and conservation citizen organizations,
(ii) 3 members, 1 each representing State, county, and city and town governments,
(iii) 1 member representing the forest products, nursery, or related industries,
(iv) 1 member representing urban forestry, landscape, or design consultants,
(v) 2 members representing academic institutions with an expertise in urban and community forestry activities,
(vi) 1 member representing State forestry agencies or equivalent State agencies,
(vii) 1 member representing a professional renewable natural resource or arboricultural society,
(viii) 1 member from the National Institute of Food and Agriculture,
(ix) 1 member from the Forest Service, and
(x) 2 members who are not officers or employees of any governmental body, 1 of whom is a resident of a community with a population of less than 50,000 as of the most recent census and both of whom have expertise and have been active in urban and community forestry.
(B) Vacancy
(C) Chairperson
(D) Terms
(i) In general
(ii) Staggered termsOf the members first appointed—(I) 5, including the chairperson and 2 governmental employees, shall be appointed for a term of 3 years,(II) 5, including 2 governmental employees, shall be appointed for a term of 2 years, and(III) 5, including 2 governmental employees, shall be appointed for a term of 1 year, as designated by the Secretary at the time of appointment.
(iii) Continuation
(E) Compensation
(i) In general
(ii) Federal officers and employees
(iii) Financial and administrative support
(3) Urban and Community Forestry Action PlanWithin 1 year after November 28, 1990, and every 10 years thereafter, the Council shall prepare a National Urban and Community Forestry Action Plan. The plan shall include (but not be limited to) the following:
(A) An assessment of the current status of urban forest resources in the United States.
(B) A review of urban and community forestry programs and activities in the United States, including education and technical assistance activities conducted by the Department of Agriculture, and other Federal agencies, the State forestry organizations, private industry, private nonprofit organizations, community and civic organizations and interested others.
(C) Recommendations for improving the status of the Nation’s urban and community forest resources, including education and technical assistance and modifications required in existing programs and policies of relevant Federal agencies.
(D) A review of urban and community forestry research, including—
(i) a review of all ongoing research associated with urban and community forests, arboricultural practices, and the economic, social, and psychological benefits of trees and forest cover in urban and community environments being conducted by the Forest Service, other Federal agencies, and associated land grant colleges and universities;
(ii) recommendations for new and expanded research efforts directed toward urban and community forestry concerns; and
(iii) a summary of research priorities and an estimate of the funds needed to implement such research, on an annual basis, for the next 10 years.
(E) Proposed criteria for evaluating proposed projects under the urban and community forestry challenge cost share program under subsection (f), with special emphasis given to projects that would demonstrate the benefits of improved forest management (including the maintenance and establishment of forest cover and trees) in urban areas and communities.
(F) An estimate of the resources needed to implement the National Urban and Community Forestry Action Plan for the succeeding 10 fiscal years.
(4) Amendment of plan
(5) Review of planThe Council shall submit the plan to the Secretary and the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate upon its completion. Beginning no later than one year after the plan is submitted and annually thereafter, the Council shall submit a review of the plan to the Secretary no later than December 31. The review shall consist of—
(A) the Council’s assessment of prior year accomplishments in research, education, technical assistance, and related activities in urban and community forestry;
(B) the Council’s recommendations for research, education, technical assistance, and related activities in the succeeding year; and
(C) the Council’s recommendations for the urban and community forestry challenge cost share projects to be funded during the succeeding year.
The review submitted to the Secretary shall be incorporated into the annual report required under subsection (e) of section 1601 of this title.
(6) Detail of personnel
(h) DefinitionsFor the purposes of this section—
(1) the term “Council” means the National Urban and Community Forestry Advisory Council established under subsection (g);
(2) the term “plan” means the National Urban and Community Forestry Action Plan developed under subsection (g)(3); and
(3) the term “urban and community area” includes cities, their suburbs, and towns.
(i) Authorization of appropriations
(Pub. L. 95–313, § 9, formerly § 6, July 1, 1978, 92 Stat. 369; renumbered § 9 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1219(a), Nov. 28, 1990, 104 Stat. 3525, 3533; Pub. L. 102–237, title X, § 1018(a)(3), Dec. 13, 1991, 105 Stat. 1905; Pub. L. 110–234, title VII, § 7511(c)(36), May 22, 2008, 122 Stat. 1271; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(36), June 18, 2008, 122 Stat. 1664, 2032; Pub. L. 117–58, div. G, title III, § 70302(a)(1)(B), Nov. 15, 2021, 135 Stat. 1260.)
§ 2106. Rural fire prevention and control
(a) Congressional findingsCongress finds that—
(1) significant accomplishments have been made by the Secretary 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 improvements, 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 Secretary 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 provide prompt and adequate assistance whenever a rural fire emergency overwhelms, or threatens to overwhelm, the firefighting capability of the affected State or rural area.
(b) Implementation of provisionsNotwithstanding the Federal Fire Prevention and Control Act of 1974 [15 U.S.C. 2201 et seq.] the Secretary is authorized, under whatever conditions the 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 natural 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;
(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, farmsteads or other improvements, pastures, orchards, wildlife, rangeland, woodland, and other resources in rural areas. As used herein, the term “rural areas” shall have the meaning set out in the first clause of section 1926(a)(7) 1
1 See References in Text note below.
of title 7; and(4) provide financial, technical, and related assistance to State foresters or equivalent State officials, and through them to other agencies and individuals, including rural volunteer fire departments, to conduct preparedness and mobilization activities, including training, equipping, and otherwise enabling State and local firefighting agencies to respond to requests for fire suppression assistance.
(c) Encouragement of use of excess personal property by State and local fire forces receiving assistance; cooperation and assistance of Administrator of General Services
(d) Coordination of assistance with assistance of Secretary of Commerce under Federal fire prevention and control provisions
(e) Authorization of appropriations for implementation of provisions
(1) There are hereby authorized to be appropriated annually such sums as may be needed to implement paragraphs (1), (2), and (3) of subsection (b) of this section.
(2)
(A) There are hereby authorized to be appropriated annually $70,000,000 to carry out subsection (b)(4). Of the total amount appropriated to carry out subsection (b)(4)—
(i) one-half shall be available only for State foresters or equivalent State officials, and through them to other agencies and individuals, of which not less than $100,000 shall be made available to each State; and
(ii) one-half shall be available only for rural volunteer fire departments.
(B) The Federal share of the cost of any activity carried out with funds made available pursuant to this paragraph may not exceed 50 percent of the cost of that activity. The non-Federal share for such activity may be in the form of cash, services, or in kind contributions.
(f) Special rural fire disaster fund; establishment, appropriations, etc.
(g) DefinitionsAs used in this section—
(1) the term “rural volunteer fire department” means any organized, not for profit, fire protection organization that provides service primarily to a community or city with a population of 10,000 or less or to a rural area, as defined by the Secretary, whose firefighting personnel is 80 percent or more volunteer, and that is recognized as a fire department by the laws of the State; and
(2) the term “mobilization” means any activity in which one firefighting organization assists another that has requested assistance.
(Pub. L. 95–313, § 10, formerly § 7, July 1, 1978, 92 Stat. 370; renumbered § 10 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1220, Nov. 28, 1990, 104 Stat. 3525, 3539; Pub. L. 102–237, title X, § 1018(a)(4), Dec. 13, 1991, 105 Stat. 1905.)
§ 2106a. Emergency reforestation assistance
(a) In general
(b) Form of assistanceThe assistance, if any, provided by the Secretary under this section shall consist of either—
(1) reimbursement of up to 65 percent of the cost of reestablishing such tree stand damaged by the damaging weather, related condition, or wildfire in excess of 35 percent mortality; or
(2) at the discretion of the Secretary, provision of sufficient tree seedlings to reestablish such tree stand.
(c) Conditions
(1) Limitation on assistance
(2) Ineligibility
(3) ImplementationIn implementing this section, the Secretary shall issue regulations—
(A) defining the term “person” for the purposes of this section that shall conform, to the extent practicable, to the regulations defining the term “person” issued under section 1308 1
1 See References in Text note below.
of title 7 (before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008);(B) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitations established under this subsection; and
(C) ensuring that no person receives duplicative payments or assistance under this section, the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.), and the environmental quality incentives program established under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C. 3839aa et seq.], or other Federal program.
(d) DefinitionsAs used in this section—
(1) the term “damaging weather” includes drought, hail, excessive moisture, freeze, tornado, hurricane, excessive wind, or any combination thereof;
(2) the term “eligible landowner” means a person who—
(A) produces annual crops from trees for commercial purposes and owns 500 acres or less of such trees;
(B) owns 1,000 acres or less of private forest land; or
(C) owns more than 1,000 acres but less than 5,000 acres of private forest land if the Secretary, in the Secretary’s discretion, determines the person eligible;
(3) the term “qualifying gross revenues” means—
(A) if a majority of the person’s annual income is received from farming, ranching, and forestry operations, the gross revenue from the person’s farming, ranching, and forestry operations; and
(B) if less than a majority of the person’s annual income is received from farming, ranching, and forestry operations, the person’s gross revenue from all sources;
(4) the term “related condition” includes insect infestations, disease, or other deterioration of a tree stand that is accelerated or exacerbated by damaging weather;
(5) the term “reestablish” includes site preparation, reforestation of a damaged stand, and timber stand improvement practices, including thinning, prescribed burning, and other practices approved by the Secretary for reforestation;
(6) the term “Secretary” means the Secretary of Agriculture; and
(7) the term “wildfire” means any forest or range fire.
(e) Retroactive assistance
(Pub. L. 101–624, title XII, § 1271, Nov. 28, 1990, 104 Stat. 3557; Pub. L. 102–237, title X, § 1018(f), Dec. 13, 1991, 105 Stat. 1906; Pub. L. 104–127, title III, § 336(a)(2)(E), Apr. 4, 1996, 110 Stat. 1005; Pub. L. 110–234, title I, § 1603(g)(5), May 22, 2008, 122 Stat. 1011; Pub. L. 110–246, § 4(a), title I, § 1603(g)(5), June 18, 2008, 122 Stat. 1664, 1740; Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709; Pub. L. 115–334, title II, § 2301(d)(2)(E), Dec. 20, 2018, 132 Stat. 4554.)
§ 2106b. Use of money collected from States for fire suppression assistance
Any money collected from the States for fire suppression assistance rendered by the Forest Service on non-Federal lands not in the vicinity of National Forest System lands shall on and after October 21, 1998, be used to reimburse the applicable appropriation and shall remain available until expended as the Secretary may direct in conducting activities authorized by 16 U.S.C. 2101 note, 2101–2110, 1606, and 2111.
(Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21, 1998, 112 Stat. 2681–231, 2681–273.)
§ 2106c. Enhanced community fire protection
(a) Cooperative management related to wildfire threats
The Secretary may cooperate with State foresters and equivalent State officials in the management of lands in the United States for the following purposes:
(1) Aid in wildfire prevention and control.
(2) Protect communities from wildfire threats.
(3) Enhance the growth and maintenance of trees and forests that promote overall forest health.
(4) Ensure the continued production of all forest resources, including timber, outdoor recreation opportunities, wildlife habitat, and clean water, through conservation of forest cover on watersheds, shelterbelts, and windbreaks.
(b) Community and Private Land Fire Assistance Program
(1) Establishment; purpose
The Secretary shall establish a Community and Private Land Fire Assistance program (in this subsection referred to as the “Program”)—
(A) to focus the Federal role in promoting optimal firefighting efficiency at the Federal, State, and local levels;
(B) to augment Federal projects that establish landscape level protection from wildfires;
(C) to expand outreach and education programs to homeowners and communities about fire prevention; and
(D) to establish space around homes and property of private landowners that is defensible against wildfires.
(2) Administration and implementation
(3) Components
In coordination with existing authorities under this chapter, the Secretary, in consultation with the State forester or equivalent State official, may undertake on non-Federal lands—
(A) fuel hazard mitigation and prevention;
(B) invasive species management;
(C) multiresource wildfire planning;
(D) community protection planning;
(E) community and landowner education enterprises, including the program known as FIREWISE;
(F) market development and expansion;
(G) improved wood utilization; and
(H) special restoration projects.
(4) Consent required
(5) Considerations
(c) Consultation
(d) Authorization of appropriations
There are hereby authorized to be appropriated to the Secretary to carry out this section—
(1) $35,000,000 for each of fiscal years 2002 through 2007; and
(2) such sums as are necessary for fiscal years thereafter.
(Pub. L. 95–313, § 10A, as added Pub. L. 107–171, title VIII, § 8003(b), May 13, 2002, 116 Stat. 473.)
§ 2107. Financial, technical, and related assistance to States
(a) Development of State organizations for protection and management of non-Federal forest lands; scope of assistance; request by officials
(b) Assembly, analysis, display, and reporting of State forest resources data, resources planning, etc.; scope of assistance; other statutory provisions unaffected
(c) Technology implementation program; scope of program; availability of funds; use of forest resources planning committeesTo 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, private forest landowners and managers, vendors, forest operators, wood processors, public agencies, and individuals, the Secretary is authorized to carry out a program of technology implementation.
(1) In implementing this subsection, the Secretary is authorized to work through State foresters or equivalent State officials, and, if the State forester or equivalent State official is unable to 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 of cooperators participating in programs under this chapter by applying research results and conducting pilot projects and field tests of management and utilization practices, equipment, and technologies, related to programs and activities authorized under this chapter;
(B) 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 chapter;
(D) test, evaluate, and seek registration of chemicals for use in implementing the programs and activities authorized under this chapter;
(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 chapter are responsive to special problems, unique situations, and changing conditions.
(2) The Secretary may make funds available to cooperators under this chapter without regard to the provisions of section 3324(a) and (b) of title 31, which prohibits advances of public money.
(3) The Secretary shall use forest resources planning committees at National and State levels in implementing this subsection.
(d) Authorization of appropriations
(Pub. L. 95–313, § 11, formerly § 8, July 1, 1978, 92 Stat. 371; renumbered § 11, Pub. L. 101–624, title XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525.)
§ 2108. Consolidation of payments
(a) Request by State; excluded funds
(b) State forest resources programs as basis
(c) Amount of payments
(d) Certification requirement by State forester or equivalent State official for Federal payment
(e) Administration of consolidated payments program not to adversely affect, etc., other programs
(f) Total annual amount of financial assistance to participating State; financial assistance for special projects not to be included in determining base amount
(Pub. L. 95–313, § 12, formerly § 9, July 1, 1978, 92 Stat. 372; renumbered § 12 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1224(2), Nov. 28, 1990, 104 Stat. 3525, 3542.)
§ 2109. General provisions
(a) Cooperative and coordinating requirements for implementation of programs, etc.
In implementing this chapter, 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 chapter to use, private agencies, consultants, organizations, firms, and individuals to furnish necessary materials and services; and
(4) promote effectiveness and economy by coordinating the direct actions and assistance authorized under this chapter with related programs the Secretary administers, and with cooperative programs of other agencies.
(b) Availability of appropriations
(c) Consultation requirements for implementation of programs, etc.
(d) Definitions
For the purposes of this chapter—
(1) The terms “United States” and “State” shall include each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the territories and possessions of the United States;
(2) The term “forest resources” shall include esthetics, fish and wildlife, forage, outdoor recreation opportunities, timber, and water; and
(3) The term “urban forestry” means the planning, establishment, protection, and management of trees and associated plants, individually, in small groups, or under forest conditions within cities, their suburbs, and towns.
(e) Rules and regulations
(f) Granting, etc., authorities
(g) Construction of statutory provisions
(h) Additional assistance
(Pub. L. 95–313, § 13, formerly § 10, July 1, 1978, 92 Stat. 373; Pub. L. 101–513, title VI, § 611(b)(3), formerly § 607(b)(3), Nov. 5, 1990, 104 Stat. 2072, renumbered § 611(b)(3), Pub. L. 102–574, § 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; renumbered § 13 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1224(3), Nov. 28, 1990, 104 Stat. 3525, 3542; Pub. L. 110–234, title VIII, § 8004, May 22, 2008, 122 Stat. 1284; Pub. L. 110–246, § 4(a), title VIII, § 8004, June 18, 2008, 122 Stat. 1664, 2045.)
§ 2109a. State and private forest landscape-scale restoration program
(a) Purpose
(b) Definitions
In this section:
(1) Indian tribe
(2) Nonindustrial private forest land
The term “nonindustrial private forest land” means land that—
(A) is rural, as determined by the Secretary;
(B) has existing tree cover or is suitable for growing trees; and
(C) is owned by any private individual, group, association, corporation, Indian tribe, or other private legal entity.
(3) State forest land
The term “State forest land” means land that—
(A) is rural, as determined by the Secretary; and
(B) is under State or local governmental ownership and considered to be non-Federal forest land.
(c) Establishment
(d) Eligibility
To be eligible to receive a grant under this section, an applicant shall submit to the Secretary, through the State forester or appropriate State agency, a State and private forest landscape-scale restoration proposal based on a restoration strategy that—
(1) is complete or substantially complete;
(2) is for a multiyear period;
(3) covers nonindustrial private forest land or State forest land;
(4) is accessible by wood-processing infrastructure; and
(5) is based on the best available science.
(e) Plan criteria
A State and private forest landscape-scale restoration proposal submitted under this section shall include plans—
(1) to reduce the risk of uncharacteristic wildfires;
(2) to improve fish and wildlife habitats, including the habitats of threatened and endangered species;
(3) to maintain or improve water quality and watershed function;
(4) to mitigate invasive species, insect infestation, and disease;
(5) to improve important forest ecosystems;
(6) to measure ecological and economic benefits, including air quality and soil quality and productivity; and
(7) to take other relevant actions, as determined by the Secretary.
(f) Priorities
In making grants under this section, the Secretary shall give priority to plans that—
(1) further a statewide forest assessment and resource strategy;
(2) promote cross boundary landscape collaboration; and
(3) leverage public and private resources.
(g) Collaboration and consultation
The Chief of the Forest Service, the Chief of the Natural Resources Conservation Service, and relevant stakeholders shall collaborate and consult on an ongoing basis regarding—
(1) administration of the program established under this section; and
(2) identification of other applicable resources for landscape-scale restoration.
(h) Matching funds required
(i) Coordination and proximity encouraged
In making grants under this section, the Secretary may consider coordination with and proximity to other landscape-scale projects on other land under the jurisdiction of the Secretary, the Secretary of the Interior, or a Governor of a State, including under—
(1) the Collaborative Forest Landscape Restoration Program established under section 7303 of this title;
(2) landscape areas designated for insect and disease treatments under section 6591a of this title;
(3) good neighbor authority under section 2113 1
1 So in original. See section 2113a of this title.
of this title;(4) stewardship end result contracting projects authorized under section 6591c of this title;
(5) appropriate State-level programs; and
(6) other relevant programs, as determined by the Secretary.
(j) Regulations
(k) Report
Not later than 3 years after December 20, 2018, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on—
(1) the status of development, execution, and administration of selected projects;
(2) the accounting of program funding expenditures; and
(3) specific accomplishments that have resulted from landscape-scale projects.
(l) Fund
(1) In general
(2) Contents
(3) Authorization of appropriations
(Pub. L. 95–313, § 13A, as added Pub. L. 110–234, title VIII, § 8007, May 22, 2008, 122 Stat. 1285, and Pub. L. 110–246, § 4(a), title VIII, § 8007, June 18, 2008, 122 Stat. 1664, 2047; amended Pub. L. 115–334, title VIII, § 8102(a), Dec. 20, 2018, 132 Stat. 4837.)
§ 2109b. Repealed. Pub. L. 115–334, title VIII, § 8102(b)(1), Dec. 20, 2018, 132 Stat. 4839
§ 2110. Statement of limitation
This chapter shall 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, unless such property rights are voluntarily conveyed or limited by contract or other agreement. This chapter does not diminish in any way the rights and responsibilities of the States and political subdivisions of States.
(Pub. L. 95–313, § 14, formerly § 11, July 1, 1978, 92 Stat. 374; renumbered § 14 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1221, Nov. 28, 1990, 104 Stat. 3525, 3540.)
§ 2111. Other Federal programs
(a) Repeal of statutory authorities
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;
(4) the Cooperative Forest Management Act;
(5) section 401 of the Agricultural Act of 1956 [16 U.S.C. 568e];
(6) title IV of the Rural Development Act of 1972 [7 U.S.C. 2651 et seq.]; and
(7) section 1009 and the proviso to section 1010 1
1 See References in Text note below.
of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 [16 U.S.C. 1509, 1510].(b) Force and effect of contracts and cooperative and other agreements under cooperative forestry programs executed under authority of repealed statutes
(c) Availability of funds appropriated under authority of repealed statutes for cooperative forestry assistance programs
(Pub. L. 95–313, § 16, formerly § 13, July 1, 1978, 92 Stat. 374; renumbered § 16, Pub. L. 101–624, title XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525.)
§ 2112. Repealed. Pub. L. 113–79, title VIII, § 8003, Feb. 7, 2014, 128 Stat. 913
§ 2113. Federal, State, and local coordination and cooperation
(a) Forest Resource Coordinating Committee
(1) Establishment
(2) CompositionThe Coordinating Committee shall be composed of the following:
(A) The Chief of the Forest Service.
(B) The Chief of the Natural Resources Conservation Service.
(C) The Director of the Farm Service Agency.
(D) The Director of the National Institute of Food and Agriculture.
(E) Non-Federal representatives appointed by the Secretary to 3 year terms, although initial appointees shall have staggered terms, including the following persons:
(i) At least three State foresters or equivalent State officials from geographically diverse regions of the United States.
(ii) A representative of a State fish and wildlife agency.
(iii) An owner of nonindustrial private forest land.
(iv) A forest industry representative.
(v) A conservation organization representative.
(vi) A land-grant university or college representative.
(vii) A private forestry consultant.
(viii) A representative from a State Technical Committee established under section 3861 of this title.
(F) Such other persons as determined by the Secretary to be appropriate.
(3) Chairperson
(4) DutiesThe Coordinating Committee shall—
(A) provide direction and coordination of actions within the Department of Agriculture, and coordination with State agencies and the private sector, to effectively address the national priorities specified in section 2101(c) of this title, with specific focus 1
1 So in original. The word “on” probably should appear after “focus”.
owners of nonindustrial private forest land;(B) clarify individual agency responsibilities of each agency represented on the Coordinating Committee concerning the national priorities specified in section 2101(c) of this title, with specific focus on nonindustrial private forest land;
(C) provide advice on the allocation of funds, including the competitive funds set-aside by section 2109a of this title; and
(D) assist the Secretary in developing and reviewing the report required by section 2101(d) of this title.
(5) Meeting
(6) Compensation
(A) Federal members
(B) Non-Federal members
(b) State Coordinating Committees
(1) Establishment
(A) In general
(B) CompositionThe State Coordinating Committee shall be chaired and administered by the State forester, or equivalent State official, or the designee thereof, and shall be composed, to the extent practicable, of—
(i) representatives from the Forest Service, Soil Conservation Service, Agricultural Stabilization and Conservation Service, and National Institute of Food and Agriculture;
(ii) representatives, to be appointed by the State forester or equivalent State official, representative of—(I) local government;(II) consulting foresters;(III) environmental organizations;(IV) forest products industry;(V) forest land owners;(VI) land-trust organizations, if applicable in the State;(VII) conservation organizations;(VIII) the State fish and wildlife agency; and(IX) the State Technical Committee.
(iii) any other individuals determined appropriate by the Secretary.
(C) Terms
(D) Existing committees
(2) DutiesA State Coordinating Committee shall—
(A) consult with other Department of Agriculture and State committees that address State and private forestry issues;
(B) make recommendations to the Secretary concerning the assignment of priorities and the coordination of responsibilities for the implementation of this chapter by the various Federal and State forest management agencies that take into consideration the mandates of each such agency;
(C) make recommendations to the State forester or equivalent State official concerning the development of the State-wide assessment and strategy regarding forest resource conditions under section 2101a of this title; and
(D) make recommendations to the Secretary concerning those forest lands that should be given priority for inclusion in the Forest Legacy Program established pursuant to section 2103c of this title.
(3) Termination
(4) Rule of construction
(Pub. L. 95–313, § 19, as added Pub. L. 101–624, title XII, § 1222, Nov. 28, 1990, 104 Stat. 3540; amended Pub. L. 110–234, title VII, § 7511(c)(37), title VIII, §§ 8005, 8006, May 22, 2008, 122 Stat. 1271, 1284, 1285; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(37), title VIII, §§ 8005, 8006, June 18, 2008, 122 Stat. 1664, 2032, 2045–2047; Pub. L. 115–334, title VIII, § 8102(b)(2), Dec. 20, 2018, 132 Stat. 4839.)
§ 2113a. Good neighbor authority
(a) DefinitionsIn this section:
(1) Authorized restoration servicesThe term “authorized restoration services” means similar and complementary forest, rangeland, and watershed restoration services carried out—
(A) on Federal land, non-Federal land, and land owned by an Indian tribe; and
(B) by either the Secretary or a Governor or county, as applicable, pursuant to a good neighbor agreement.
(2) CountyThe term “county” means—
(A) the appropriate executive official of an affected county; or
(B) in any case in which multiple counties are affected, the appropriate executive official of a compact of the affected counties.
(3) Federal land
(A) In generalThe term “Federal land” means land that is—
(i) National Forest System land; or
(ii) public land (as defined in section 1702 of title 43); or
(iii) National Park System land; or
(iv) National Wildlife Refuge Land.
(B) ExclusionsThe term “Federal land” does not include—
(i) a component of the National Wilderness Preservation System;
(ii) Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress or Presidential proclamation (including the applicable implementation plan); or
(iii) a wilderness study area.
(4) Forest, rangeland, and watershed restoration services
(A) In generalThe term “forest, rangeland, and watershed restoration services” means—
(i) activities to treat insect- and disease-infected trees;
(ii) activities to reduce hazardous fuels; and
(iii) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.
(B) ExclusionsThe term “forest, rangeland, and watershed restoration services” does not include—
(i) construction, reconstruction, repair, or restoration of paved or permanent roads or parking areas, other than the reconstruction, repair, or restoration of a National Forest System, Bureau of Land Management, National Park Service, or National Wildlife Refuge managed road that is—(I) necessary to carry out authorized restoration services pursuant to a good neighbor agreement; and(II) in the case of a National Forest System road that is determined to be unneeded in accordance with section 212.5(b)(2) of title 36, Code of Federal Regulations (as in effect on March 23, 2018), decommissioned in accordance with subparagraph (A)(iii)—(aa) in a manner that is consistent with the applicable travel management plan; and(bb) not later than 3 years after the date on which the applicable authorized restoration services project is completed; or
(ii) construction, alteration, repair or replacement of public buildings or works.
(5) Good neighbor agreement
(6) Governor
(7) Indian tribe
(8) National Forest System road
(9) Road
(10) SecretaryThe term “Secretary” means—
(A) the Secretary of Agriculture, with respect to National Forest System land; and
(B) the Secretary of the Interior, with respect to Bureau of Land Management land.
(b) Good neighbor agreements
(1) Good neighbor agreements
(A) In general
(B) Public availability
(2) Timber sales
(A) In general
(B) Approval of silviculture prescriptions and marking guides
(C) Treatment of revenue
(i) In generalFunds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor—(I) to carry out authorized restoration services on Federal land under the good neighbor agreement; and(II) if there are funds remaining after carrying out subclause (I), to carry out authorized restoration services on Federal land within the State under other good neighbor agreements.
(ii) Termination of effectiveness
(3) Retention of NEPA responsibilities
(4) Receipts
(Pub. L. 113–79, title VIII, § 8206, Feb. 7, 2014, 128 Stat. 921; Pub. L. 115–141, div. O, title II, § 212, Mar. 23, 2018, 132 Stat. 1073; Pub. L. 115–334, title VIII, §§ 8624, 8704(b), Dec. 20, 2018, 132 Stat. 4857, 4877; Pub. L. 117–328, div. G, title IV, § 439, Dec. 29, 2022, 136 Stat. 4832; Pub. L. 118–42, div. E, title IV, § 443, Mar. 9, 2024, 138 Stat. 297.)
§ 2114. Administration
(a) In general
(b) Guidelines
(c) Existing mechanisms
(d) Land grant universities
(Pub. L. 95–313, § 20, as added Pub. L. 101–624, title XII, § 1223, Nov. 28, 1990, 104 Stat. 3542.)