16 Usc 2101

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January 20, 2004 and December 23, 2004]
[CITE: 16USC2101]

TITLE 16--CONSERVATION

CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE

Sec. 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\
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\1\ See 1990 Amendment note below.
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(16) sustainable agroforestry systems and tree planting in
semiarid lands can improve environmental quality and maintain farm
yields and income; and \1\
(18) \2\ 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\
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\2\ So in original. Probably should be ``(17)''.
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(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\
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\3\ So in original.
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(c) Policy

It is the policy of Congress that it is in the national interest for
the Secretary to work through and in cooperation with State foresters,
or equivalent State officials, nongovernmental organizations, and the
private sector in implementing Federal programs affecting non-Federal
forest lands.

(d) Construction

This chapter shall be construed to complement the policies and
direction under the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.).

(Pub. L. 95-313, Sec. 2, July 1, 1978, 92 Stat. 365; Pub. L. 101-513,
title VI, Sec. 611(b)(1), (2), formerly Sec. 607(b)(1), (2), Nov. 5,
1990, 104 Stat. 2072, renumbered Sec. 611(b)(1), (2), Pub. L. 102-574,
Sec. 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; Pub. L. 101-624, title XII,
Sec. 1212, Nov. 28, 1990, 104 Stat. 3521.)

References in Text

This chapter, referred to in subsecs. (b) and (d), was in the
original ``this Act'', meaning Pub. L. 95-313, July 1, 1978, 92 Stat.
365, known as the Cooperative Forestry Assistance Act of 1978. For
complete classification of this Act to the Code, see Short Title note
set out below and Tables.
The Forest and Rangeland Renewable Resources Planning Act of 1974,
referred to in subsec. (d), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat.
476, as amended, which is classified generally to subchapter I
(Sec. 1600 et seq.) of chapter 36 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1600 of this title and Tables.

Codification

Pub. L. 101-513 and Pub. L. 101-624 were approved by the President
after Congress adjourned and in reverse order of passage by Congress.
Accordingly, the amendments made by Pub. L. 101-624 were executed to
text prior to the amendments made by Pub. L. 101-513 to reflect the
probable intent of Congress.

Amendments

1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions which set forth Congressional findings
and declarations, and statements of purpose and national interest, and
which related to application with forest and rangeland renewable
resources provisions. See Codification note above.
Pub. L. 101-513, Sec. 607(b)(1), directed the amendment of subsec.
(a) by striking out ``and'' at end of par. (16), substituting ``; and''
for period at end of par. (17), and adding par. (18) at end. The
amendment of pars. (16) and (17) was executed to pars. (15) and (16) to
reflect the probable intent of Congress. See Codification note above.
Pub. L. 101-513, Sec. 607(b)(2), which directed the amendment of
subsec. (b) by inserting ``in the United States, and forest lands in
foreign countries,'' after ``non-Federal forest lands,'' the first place
it appears and in paragraph (10), was executed by making the insertion
after ``non-Federal forest lands'' to reflect the probable intent of
Congress. See Codification note above.

Effective Date

Section 17, formerly section 14, of Pub. L. 95-313, as renumbered
Sec. 17 by Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990, 104
Stat. 3525, provided that: ``The provisions of this Act [see Short Title
note below] shall become effective October 1, 1978.''

Short Title of 1990 Amendment

Section 1201 of title XII of Pub. L. 101-624 provided that: ``This
title [enacting sections 582a-8, 1648, 1649, 1674a, 2103a to 2103c,
2106a, 2113, and 2114 of this title, amending this section and sections
1642, 1672, 1674, 2102 to 2106, and 2108 to 2110 of this title, and
enacting provisions set out as notes under this section and sections
582a, 1601, 1642, and 2112 of this title] may be cited as the `Forest
Stewardship Act of 1990'.''

Short Title

Section 1 of Pub. L. 95-313 provided: ``That this Act [enacting this
chapter, amending sections 1510 and 1606 of this title, repealing
sections 565, 566, 567, 568c to 568e, 594-1 to 594-5, 594a, and 1509 of
this title, and sections 2651 to 2654 of Title 7, Agriculture, enacting
provisions set out as notes under this section and section 1606 of this
title, and repealing provisions set out as notes under sections 568c and
594-1 of this title] may be cited as the `Cooperative Forestry
Assistance Act of 1978'.''

America the Beautiful Act of 1990

Subtitle C (Secs. 1261-1266) of title XII of Pub. L. 101-624, as
amended by Pub. L. 102-237, title X, Sec. 1018(e), Dec. 13, 1991, 105
Stat. 1905, provided that:
``SEC. 1261. SHORT TITLE.
``This subtitle may be cited as the `America the Beautiful Act of
1990'.
``SEC. 1262. FINDINGS.
``Congress finds that--
``(1) trees and forests provide beauty and diversity to both
rural and urban landscapes;
``(2) trees and forests protect the United States's soil, water,
and wetland resources by filtering runoff and preventing erosion;
``(3) trees and forests provide food and cover for many species
of wildlife;
``(4) trees and forests provide shade, block winds, and add
moisture to the air, thereby mitigating the urban `heat island'
effect and significantly reducing energy use;
``(5) trees and forests make important contributions to the
environmental, social, and economic well-being of both rural and
urban areas across the United States; and
``(6) stewardship of trees and forests could be significantly
enhanced by encouraging, promoting, and supporting partnerships and
community service projects involving individuals, youth groups,
organizations, businesses and governments at all levels.
``SEC. 1263. PURPOSES.
``The purposes of this subtitle are to--
``(1) authorize the President to designate a private nonprofit
foundation as eligible for a one-time grant from the Secretary of
Agriculture, to be used for promoting public awareness and a spirit
of volunteerism, soliciting private sector contributions, and
overseeing the use of these contributions to encourage tree planting
projects in communities and urban areas;
``(2) promote the principles of basic forest stewardship through
the nationwide planting, improvement, and maintenance of trees in
order to increase reforestation, enhance the environmental and
aesthetic qualities of the United States's rural and urban areas,
and reduce global carbon dioxide levels;
``(3) authorize the Secretary of Agriculture to provide
increased financial and technical assistance to State forestry
agencies and others, and enter into cost-sharing agreements with
individuals, for the purpose of encouraging owners of nonindustrial
private lands to plant and maintain trees and improve forests in
rural areas; and
``(4) authorize the Secretary of Agriculture to provide
increased financial and technical assistance to State forestry
agencies and others for the purpose of encouraging units of local
government, civic groups, and individuals to plant and maintain
trees and improve forests in communities and urban areas.
``SEC. 1264. TREE PLANTING FOUNDATION.
``(a) Purpose.--The purpose of this section is to authorize the
President to designate a private nonprofit Foundation as eligible to
receive a grant from the Department of Agriculture to be used--
``(1) to provide grants, including matching grants, to
qualifying nonprofit organizations (including youth groups),
municipalities, counties, towns and townships for the implementation
of programs to promote public awareness and a spirit of volunteerism
in support of tree planting, maintenance, management, protection,
and cultivation projects in rural areas, communities and urban areas
throughout the United States;
``(2) to solicit public and private sector contributions through
the mobilization of individuals, businesses, governments, and
community organizations with the goal of increasing the number of
trees planted, maintained, managed, and protected in rural areas,
communities and urban environments;
``(3) to accept and administer public and private gifts and make
grants, including matching grants, to encourage local participation,
for the planting, maintenance, management, protection, and
cultivation of trees; and
``(4) to ensure that our descendants will be able to share their
ancestors' pride when referring to their land as `America the
Beautiful'.
``(b) Authority.--The President is authorized to designate a private
nonprofit organization (hereafter in this section referred to as the
`Foundation') as eligible to receive funds pursuant to subsections (d)
and (e) upon determining that such organization can, consistent with its
charter, carry out the purposes stated in subsection (a), and that the
officers of such organization have the experience and expertise
necessary to direct the activities of the organization. Nothing in this
section shall be construed to make officers, employees, or members of
the board of directors of the Foundation officers or employees of the
United States. The Foundation shall be a private and nonprofit
organization and not an agency or establishment of the United States.
``(c) Implementation.--The Foundation shall carry out this section
in accordance with the purposes stated in subsection (a).
``(d) Funding.--For fiscal year 1991, the Secretary is authorized to
make a grant of not to exceed $25,000,000 to the Foundation.
``(e) Use of Funds.--Funds made available pursuant to subsection (d)
shall be granted to the Foundation by the Secretary to enable the
Foundation to carry out the purposes specified in subsection (a).
``(f) Interest.--Notwithstanding any other provision of law, the
Foundation may hold funds made available pursuant to subsection (e) in
interest-bearing accounts prior to the disbursement of the funds for
purposes specified in subsection (a) and may retain to carry out such
purposes any interest earned on the deposits.
``(g) Limitations on Uses of Funds.--
``(1) In general.--The Foundation may use funds provided by this
section only for making grants to qualified organizations,
municipalities, counties, towns and townships for the implementation
of projects and activities that are consistent with the purposes
specified in subsection (a).
``(2) Qualified organizations.--For the purposes of this
section, qualified organizations shall consist of those
organizations that meet the requirements of section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and have
demonstrated a capability to implement the project or activity for
which the Foundation funds will be used.
``(h) Compensation from Outside Sources.--An officer or employee of
the Foundation may not receive any salary or other compensation for
services rendered to the Foundation from any source other than the
Foundation.
``(i) Stock and Dividends.--The Foundation shall not issue any
shares of stock or declare or pay any dividends.
``(j) Lobbying.--The Foundation shall not engage in lobbying or
propaganda for the purpose of influencing legislation and shall not
participate or intervene in any political campaign on behalf of any
candidate for public office.
``(k) Salary; Travel and Expenses; Conflicts of Interest.--
``(1) Personal benefit from funds.--No part of the funds of the
Foundation shall inure to the benefit of any board member, officer,
or employee of the Foundation, except as salary or reasonable
compensation for services or expenses.
``(2) Travel and expense reimbursement.--Compensation for board
members shall be limited to reimbursement for reasonable costs of
travel and expenses.
``(3) Conflicts of interest.--No director, officer, or employee
of the Foundation shall participate, directly or indirectly, in the
consideration or determination of any question before the Foundation
affecting--
``(A) the financial interests of the director, officer, or
employee; or
``(B) the interests of any corporation, partnership, entity,
or organization in which such director, officer, or employee--
``(i) is an officer, director, or trustee; or
``(ii) has any direct or indirect financial interest.
``(l) Records; Audits.--The Foundation shall ensure that--
``(1) each recipient of assistance provided through the
Foundation under this section maintains, for at least 5 years after
the receipt of the assistance, separate accounts with respect to the
assistance and such records as may be reasonably necessary to
disclose fully--
``(A) the amount and the disposition by the recipient of the
proceeds of the assistance;
``(B) the total cost of the project or undertaking in
connection with which the assistance is given or used;
``(C) the amount and nature of that portion of the cost of
the project or undertaking supplied by other sources; and
``(D) such other records as will facilitate an effective
audit; and
``(2) the Foundation and any duly authorized representative of
the Foundation shall have access, for the purpose of audit and
examination, to any books, documents, papers, and records of the
recipient that are pertinent to assistance provided through the
Foundation under this section.
``(m) Audits.--
``(1) Independent audits.--For the fiscal year in which the
Foundation receives the grant awarded under subsection (e), and for
the succeeding 5 fiscal years, the accounts of the Foundation shall
be audited annually in accordance with generally accepted auditing
standards by an independent certified public accountant or an
independent licensed public accountant certified or licensed by a
regulatory authority of a State or other political subdivision of
the United States. The report of each such independent audit shall
be included in the annual report required by subsection (n).
``(2) Agency audits.--For the fiscal year in which the
Foundation receives the grant awarded under subsection (d), and for
the succeeding 5 fiscal years, the financial transactions undertaken
pursuant to this section by the Foundation may be audited by any
agency designated by the President.
``(n) Annual Reports.--
``(1) In general.--Not later than 3 months after the conclusion
of each fiscal year, the Foundation shall publish an annual report
that includes a comprehensive and detailed report of the operations,
activities, financial condition, and accomplishments of the
Foundation under this subtitle during the fiscal year.
``(2) Termination.--The obligation of the Foundation to publish
annual reports pursuant to this subsection shall terminate after
publication of the report incorporating the findings of the final
audit in accordance with procedures required by subsection (l).
``(o) Prohibition on Commercial Harvest.--Trees planted pursuant to
a program receiving funds under this section may not be commercially
harvested and sold for Christmas trees.
``(p) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000 to be granted by the Secretary of Agriculture
to the Foundation. All funds appropriated under this section may remain
available until expended.
``SEC. 1265. RURAL TREE PLANTING AND FOREST MANAGEMENT PROGRAM.
``The Secretary of Agriculture is authorized to establish a rural
tree planting and forest management program as a special component of
the forest stewardship program and the stewardship incentive program
established under sections 5 and 6 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2102) [16 U.S.C. 2103a, 2103b] (as
amended by subtitle A). Such program shall terminate on December 31,
2001.
``SEC. 1266. COMMUNITY TREE PLANTING AND IMPROVEMENT PROGRAM.
``The Secretary of Agriculture is authorized to establish a
community tree planting and improvement program as a special component
of the urban and community forestry assistance program established under
section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2105) (as amended by section 1219). Such program shall terminate on
December 31, 2001.''

Tree Planting Initiative

Pub. L. 99-198, title XII, Sec. 1256, as added by Pub. L. 101-624,
title XIV, Sec. 1441(a), Nov. 28, 1990, 104 Stat. 3601, set forth policy
relating to maintenance, afforestation, and reforestation of forest
lands and provisions relating to implementation of policy and agreements
with State forestry agencies, prior to repeal by Pub. L. 104-127, title
III, Sec. 336(e), Apr. 4, 1996, 110 Stat. 1007.

Transfer of Forest Tree Nursery Facilities to States

Pub. L. 87-492, June 25, 1962, 76 Stat. 107, provided: ``That the
Congress recognizes that for many years the United States and certain
States have cooperated in the production of tree planting stock for use
in the reforestation of the public and private lands of the Nation; that
the program of production of tree planting stock which was initiated and
pursued under the Soil Bank Act (7 U.S.C. 1801 et seq.) [repealed] was
carried on under written agreements which provided for (a) cooperation
between the Forest Service, on behalf of the United States, and the
States which participated in the program, (b) payments to said States
for costs and expenses incurred in the development of nursery
facilities, (c) the holding of such funds by the States in trust for the
purpose of carrying out the provisions of said agreements, and (d)
restoration to the trust fund of an amount equal to the residual value
of any supplies, materials, equipment, or improvements acquired or
constructed with trust funds and transferred to State forestry work
other than the soil bank program; that such program under said Soil Bank
Act has been discontinued, but the need for the trees continues to be
great; that the States and Federal Government are cooperating in the
procurement, production, and distribution of forest-tree seeds and
plants under section 4 of the Clarke-McNary Act of June 7, 1924 (16
U.S.C. 567), and in the reforestation of lands under title IV of the
Agricultural Act of 1956 (16 U.S.C. 568e and 568g); and that said
participating States need the said supplies, materials, equipment, or
improvements for use in connection with their respective forestry
programs, and it is in the public interest to permit these States to use
said property without the requirement that payment be made for the
residual value thereof.
``Sec. 2. For the purpose of assisting those States which
participated in the program carried on under the Soil Bank Act [section
1801 et seq. of Title 7, Agriculture] [repealed] in continuing the
production of needed tree planting stock and in other forestry programs,
the Secretary of Agriculture is authorized to permit any supplies,
materials, equipment, or improvements acquired or constructed with trust
funds under the agreements referred to in section 1 to be used in such
State forestry work as may further the objectives of related Federal
programs, as he may approve, without the requirement that any payment be
made by the State into the trust funds.''