Title 16 — Conservation
Chapter 41 — Cooperative Forestry Assistance
§ 2109a. State and private forest landscape-scale restoration program
Statutory text
Purpose
The purpose of this section is to encourage collaborative, science-based restoration of priority forest landscapes.
Definitions
In this section:
Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
Nonindustrial private forest land
The term “nonindustrial private forest land” means land that—
is rural, as determined by the Secretary;
has existing tree cover or is suitable for growing trees; and
is owned by any private individual, group, association, corporation, Indian tribe, or other private legal entity.
State forest land
The term “State forest land” means land that—
is rural, as determined by the Secretary; and
is under State or local governmental ownership and considered to be non-Federal forest land.
Establishment
The Secretary, in consultation with State foresters or appropriate State agencies, shall establish a competitive grant program to provide financial and technical assistance to encourage collaborative, science-based restoration of priority forest landscapes.
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—
is complete or substantially complete;
is for a multiyear period;
covers nonindustrial private forest land or State forest land;
is accessible by wood-processing infrastructure; and
is based on the best available science.
Plan criteria
A State and private forest landscape-scale restoration proposal submitted under this section shall include plans—
to reduce the risk of uncharacteristic wildfires;
to improve fish and wildlife habitats, including the habitats of threatened and endangered species;
to maintain or improve water quality and watershed function;
to mitigate invasive species, insect infestation, and disease;
to improve important forest ecosystems;
to measure ecological and economic benefits, including air quality and soil quality and productivity; and
to take other relevant actions, as determined by the Secretary.
Priorities
In making grants under this section, the Secretary shall give priority to plans that—
further a statewide forest assessment and resource strategy;
promote cross boundary landscape collaboration; and
leverage public and private resources.
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—
administration of the program established under this section; and
identification of other applicable resources for landscape-scale restoration.
Matching funds required
As a condition of receiving a grant under this section, the Secretary shall require the recipient of the grant to provide funds or in-kind support from non-Federal sources in an amount that is at least equal to the amount of Federal funds.
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—
the Collaborative Forest Landscape Restoration Program established under section 7303 of this title;
landscape areas designated for insect and disease treatments under section 6591a of this title;
good neighbor authority under section 2113 1 of this title;
stewardship end result contracting projects authorized under section 6591c of this title;
appropriate State-level programs; and
other relevant programs, as determined by the Secretary.
Regulations
The Secretary shall promulgate such regulations as the Secretary determines necessary to carry out this section.
Report
Not later than 3 years after , 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—
the status of development, execution, and administration of selected projects;
the accounting of program funding expenditures; and
specific accomplishments that have resulted from landscape-scale projects.
Fund
In general
There is established in the Treasury a fund, to be known as the “State and Private Forest Landscape-Scale Restoration Fund” (referred to in this subsection as the “Fund”), to be used by the Secretary to make grants under this section.
Contents
The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (3).
Authorization of appropriations
There is authorized to be appropriated to the Fund $20,000,000 for each fiscal year beginning with the first full fiscal year after , through fiscal year 2023, to remain available until expended.
Footnotes
- 1 So in original. See section 2113a of this title.
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 § 13A · 92 Stat. 365
Enacted · 16 U.S.C. § 2109a
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
Source evidence
Code source credit
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, 2047Agriculture Improvement Act of 2018
Pub. L. 115–334 title VIII § 8102(a) · 132 Stat. 4490
Amended · 16 U.S.C. § 2109a
Pub. L. 115–334 amended section generally. Prior to amendment, section related to competitive allocation of funds to State foresters or equivalent State officials
Source evidence
Code amendment note
Pub. L. 115–334 amended section generally. Prior to amendment, section related to competitive allocation of funds to State foresters or equivalent State officials.Enacted provision · exact public law section
(a) In General.— Section 13A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read as follows: “SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM. “(a) Purpose.— The purpose of this section is to encourage collaborative, science-based restoration of priority forest landscapes. “(b) Definitions.— In this section: “(1) Indian tribe.— The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). “(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.— The Secretary, in consultation with State foresters or appropriate State agencies, shall establish a competitive grant program to provide financial and technical assistance to encourage collaborative, science-based restoration of priority forest landscapes. “(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.— As a condition of receiving a grant under this section, the Secretary shall require the recipient of the grant to provide funds or in-kind support from non-Federal sources in an amount that is at least equal to the amount of Federal funds. “(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 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303); “(2) landscape areas designated for insect and disease treatments under section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a); “(3) good neighbor authority under section 19; “(4) stewardship end result contracting projects authorized under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c); “(5) appropriate State-level programs; and “(6) other relevant programs, as determined by the Secretary. “(j) Regulations.— The Secretary shall promulgate such regulations as the Secretary determines necessary to carry out this section. “(k) Report.— Not later than 3 years after the date of enactment of this section, 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.— There is established in the Treasury a fund, to be known as the ‘State and Private Forest Landscape-Scale Restoration Fund’ (referred to in this subsection as the ‘Fund’), to be used by the Secretary to make grants under this section. “(2) Contents.— The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (3). “(3) Authorization of appropriations.— There is authorized to be appropriated to the Fund $20,000,000 for each fiscal year beginning with the first full fiscal year after the date of enactment of this subsection through fiscal year 2023, to remain available until expended.” .
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Amendments
2018—Pub. L. 115–334 amended section generally. Prior to amendment, section related to competitive allocation of funds to State foresters or equivalent State officials.
Statutory Notes and Related Subsidiaries
Effective Date
Enactment 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 a note under section 8701 of Title 7, Agriculture.
Credits
2008–2018 · 2 acts
- 2008Pub. L. 95–313, § 13A, as added Pub. L. 110–234, title VIII, § 8007, , 122 Stat. 1285, and Pub. L. 110–246, § 4(a), title VIII, § 8007, , 122 Stat. 1664, 2047
- 2018amended Pub. L. 115–334, title VIII, § 8102(a), , 132 Stat. 4837.
Show as published
(Pub. L. 95–313, § 13A, as added Pub. L. 110–234, title VIII, § 8007, , 122 Stat. 1285, and Pub. L. 110–246, § 4(a), title VIII, § 8007, , 122 Stat. 1664, 2047; amended Pub. L. 115–334, title VIII, § 8102(a), , 132 Stat. 4837.)