Title 16 — Conservation
Chapter 41 — Cooperative Forestry Assistance
§ 2109. General provisions
Statutory text
Cooperative and coordinating requirements for implementation of programs, etc.
In implementing this chapter, the Secretary shall, to the maximum extent practicable—
work through, cooperate with, and assist State foresters or equivalent State officials;
encourage cooperation and coordination between State foresters or equivalent State officials and other State agencies that manage renewable natural resources;
use and encourage cooperators under this chapter to use, private agencies, consultants, organizations, firms, and individuals to furnish necessary materials and services; and
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.
Availability of appropriations
Money appropriated under this chapter shall remain available until expended.
Consultation requirements for implementation of programs, etc.
Requirements for the development of State forest resources programs and State participation in management assistance, planning assistance, and technology implementation, the apportionment of funds among States participating under this chapter, the administrative expenses in connection with activities and programs under this chapter, and the amounts to be expended by the Secretary to assist non-State cooperators under this chapter, shall be determined by the Secretary in consultation with a committee of not less than five State foresters or equivalent State officials selected by a majority of the State foresters or equivalent State officials from States participating in programs under this chapter. However, the Secretary need not consult with such committee regarding funds to be expended under emergency conditions that the Secretary may determine.
Definitions
For the purposes of this chapter—
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;
The term “forest resources” shall include esthetics, fish and wildlife, forage, outdoor recreation opportunities, timber, and water; and
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.
Rules and regulations
The Secretary may prescribe rules and regulations, as the Secretary deems appropriate, to implement the provisions of this chapter.
Granting, etc., authorities
The Secretary is authorized to make grants, agreements, contracts, and other arrangements the Secretary deems necessary to implement this chapter.
Construction of statutory provisions
This chapter shall be construed as supplementing all other laws relating to the Department of Agriculture and shall not be construed as limiting or repealing any existing law or authority of the Secretary, except as specifically cited in section 2111 of this title.
Additional assistance
In addition to the authority provided elsewhere in this chapter, the Secretary may provide assistance to other countries with respect to the activities described in paragraphs (1) through (10) of section 2102(b) of this title, paragraphs (1) through (5) of section 2104(b) 1 of this title, and paragraphs (1) through (3) of section 2105(b) of this title. For the purposes of providing assistance to other countries under this subsection, the term “non-Federal forest land” shall mean any forest land and related renewable natural resources in such countries. In providing the assistance authorized under this subsection, the Secretary shall coordinate with other Federal officials, departments, agencies, or international organizations, as the President may direct. The references to “State foresters or equivalent State officials” in this chapter shall not apply to the assistance provided by the Secretary to other countries under this subsection.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Cooperative Forestry Assistance Act of 1978
Pub. L. 95–313 § 13 · 92 Stat. 365
Enacted · 16 U.S.C. § 2109
Pub. L. 95–313, § 13, formerly § 10, July 1, 1978, 92 Stat. 373
Source evidence
Code source credit
Pub. L. 95–313, § 13, formerly § 10, July 1, 1978, 92 Stat. 373Enacted provision · exact public law section
Sec. 13. repeal of other laws; existing contracts and agreements; appropriations (a) The following laws, and portions of laws, are hereby repealed: (1) sections 1, 2, 3, and 4 of the Act of June 7, 1924, known as the Clarke-McNary Act (43 Stat. 653–654, as amended; 16 U.S.C. 564, 565, 566, 567); (2) the Act of April 26, 1940, known as the White Pine Blister Rust Protection Act (54 Stat. 168; 16 U.S.C. 594a); 16 USC 594–1 note.16 USC 568c note.16 USC 568e.7 USC 2651.(3) the Forest Pest Control Act; (4) the Cooperative Forest Management Act; (5) section 401 of the Agricultural Act of 1956; (6) title IV of the Rural Development Act of 1972; and (7) section 1009 and the proviso to section 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer 16 USC 1509, 1510. Protection Act of 1973. (b) Contracts and cooperative and other agreements under cooperative forestry programs executed under authority of the Acts, or portions thereof, repealed under subsection (a) of this section shall remain in effect until revoked or amended by their own terms or under other provisions of law. (c) Funds appropriated under the authority of the Acts, or portions Funds, availability. thereof, repealed under subsection (a) of this section shall be available for expenditure for the programs authorized under this Act.Pub. L. 101–513 title VI § 611(b)(3) · 104 Stat. 1979
Added · 16 U.S.C. § 2109(h)
Pub. L. 101–513, which directed amendment of section 12 of Pub. L. 95–313 by adding a new subsec. (h), was executed to this section to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (h). Pub. L. 101–513, which directed amendment of section 12 of Pub. L. 95–313 by adding a new subsec. (h), was executed to this section to reflect the probable intent of Congress.Forest Stewardship Act of 1990
Pub. L. 101–624 § 1224(3) · 104 Stat. 3359
Changed · 16 U.S.C. § 2109(g)
Pub. L. 101–624, § 1224(3), made technical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act
Source evidence
Code amendment note
Subsec. (g). Pub. L. 101–624, § 1224(3), made technical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act.Enacted provision · exact public law section
(3) in section 13(g) (as redesignated by section 1215 of this Act) (16 U.S.C. 2109(g)), by striking “13” and inserting “16”.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 8004 · 122 Stat. 1651
Substituted · 16 U.S.C. § 2109(d)(1)
Pub. L. 110–246, § 8004, substituted “the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau,” for “the Trust Territory of the Pacific Islands,”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 110–246, § 8004, substituted “the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau,” for “the Trust Territory of the Pacific Islands,”.Enacted provision · exact public law section
SEC. 8004. ASSISTANCE TO THE FEDERATED STATES OF MICRONESIA, THE REPUBLIC OF THE MARSHALL ISLANDS, AND THE REPUBLIC OF PALAU. Section 13(d)(1) of the Cooperative Forestry Act of 1978 (16 U.S.C. 2109(d)(1)) is amended by striking “the Trust Territory of the Pacific Islands,” and inserting “the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau,”.Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 2104(b) of this title, referred to in subsec. (h), was in the original a reference to section 7(b), meaning section 7(b) of Pub. L. 95–313, which has been translated as reading section 8(b) of Pub. L. 95–313 as the probable intent of Congress. Section 7(b) of Pub. L. 95–313, which is classified to section 2103c of this title, does not contain pars. (1) to (5).
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Prior Provisions
A prior section 13 of Pub. L. 95–313 was renumbered section 16 and is classified to section 2111 of this title.
Amendments1990–2008 · 2 rounds
2008
Subsec. (d)(1). Pub. L. 110–246, § 8004, substituted “the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau,” for “the Trust Territory of the Pacific Islands,”.
1990
Subsec. (g). Pub. L. 101–624, § 1224(3), made technical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act.
Subsec. (h). Pub. L. 101–513, which directed amendment of section 12 of Pub. L. 95–313 by adding a new subsec. (h), was executed to this section to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Credits
1978–2008 · 5 acts
- 1978Pub. L. 95–313, § 13, formerly § 10, , 92 Stat. 373
- 1990Pub. L. 101–513, title VI, § 611(b)(3), formerly § 607(b)(3), , 104 Stat. 2072, renumbered § 611(b)(3), Pub. L. 102–574, § 2(a)(1), , 106 Stat. 4593
- 1990renumbered § 13 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1224(3), , 104 Stat. 3525, 3542
- 2008Pub. L. 110–234, title VIII, § 8004, , 122 Stat. 1284
- 2008Pub. L. 110–246, § 4(a), title VIII, § 8004, , 122 Stat. 1664, 2045.
Show as published
(Pub. L. 95–313, § 13, formerly § 10, , 92 Stat. 373; Pub. L. 101–513, title VI, § 611(b)(3), formerly § 607(b)(3), , 104 Stat. 2072, renumbered § 611(b)(3), Pub. L. 102–574, § 2(a)(1), , 106 Stat. 4593; renumbered § 13 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1224(3), , 104 Stat. 3525, 3542; Pub. L. 110–234, title VIII, § 8004, , 122 Stat. 1284; Pub. L. 110–246, § 4(a), title VIII, § 8004, , 122 Stat. 1664, 2045.)