PRIOR PROVISIONS A prior section 10 of Pub. L. 95-313 was renumbered section 13 and is classified to section 2109 of this title. AMENDMENTS 1991-Subsec. (g)(2). Pub. L. 102-237 substituted "firefighting organization" for "fire fighting organization". 1990 Subsec. (b)(4). Pub. L. 101-624, §1220(a), added par. (4). Subsec. (e). Pub. L. 101-624, § 1220(b), designated existing provisions as par. (1), inserted reference to paragraphs (1), (2), and (3) of subsec. (b), and added par. (2). Subsec. (g). Pub. L. 101-624, § 1220(c), added subsec. (g). TRANSFER OF FUNCTIONS Functions vested in Secretary of Commerce pursuant to provisions of Federal Fire Prevention Control Act of 1974, 15 U.S.C. 2201 et seq., transferred to Director of Federal Emergency Management Agency pursuant to Reorg. Plan No. 3 of 1978, §201, June 19, 1978, 43 F.R. 41944, 92 Stat. 3788, set out in the Appendix to Title 5, Government Organization and Employees, effective Apr. 1, 1979, as provided by Ex. Ord. No. 12127, §§1-101, 1-103(a), Mar. 31, 1979, 44 F.R. 19637. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2106b of this title. § 2106a. Emergency reforestation assistance (a) In general The Secretary of Agriculture is authorized to provide assistance under this section to eligible landowners who suffer destruction of 35 percent or more of a commercial tree stand due to damaging weather, related condition, or wildfire. (b) Form of assistance The 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 No person may receive an amount in excess of $25,000 in any fiscal year, or an equivalent value in tree seedlings, under this section. (2) Ineligibility A person who has qualifying gross revenues in excess of $2,000,000 annually, as determined by the Secretary, shall not be eligible to receive any disaster payment or other benefits under this section. (3) Implementation In 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 of title 7; (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 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) Definitions As 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 The Secretary shall use funds provided under this section to reimburse landowners for approved reforestation practices that were implemented before November 28, 1990. The Secretary shall not make reimbursements for reforestation practices that were implemented prior to September 1, 1989. (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.) REFERENCES IN TEXT The Cooperative Forestry Assistance Act of 1978, referred to in subsec. (c)(3)(C), is Pub. L. 95-313, July 1, 1978, 92 Stat. 365, as amended, which is classified principally to this chapter (§ 2101 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. The Food Security Act of 1985, referred to in subsec. (c)(3)(C), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Chapter 4 of subtitle D of title XII of the Act is classified generally to part IV (§3839aa et seq.) of subchapter IV of chapter 58 of this title. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables. CODIFICATION Section was enacted as part of the Federal Stewardship Act of 1990 and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Cooperative Forestry Assistance Act of 1978 which comprises this chapter. AMENDMENTS 1996 Subsec. (c)(3)(C). Pub. L. 104-127 substituted "environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985" for "Agricultural Conservation Program established under section 590p(b) of this title". 1991-Subsec. (c)(3)(C). Pub. L. 102-237 inserted “(16 U.S.C. 2101 et seq.)" after "1978" and made technical amendment to reference to section 590p(b) of this title to correct corresponding provision of original Act. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2106b of this title. § 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.) CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Cooperative Forestry Assistance Act of 1978 which comprises this chapter. SIMILAR PROVISIONS Provisions similar to this section were contained in the following prior appropriation acts: Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1577. Pub. L. 104-208, div. A, title I, §101(d) [title II], Sept. 30, 1996, 110 Stat. 3009-181, 3009–208. Pub. L. 104-134, title I, §101(c) [title II], Apr. 26, 1996, 110 Stat. 1321-156, 1321-185; renumbered title I. Pub. L. 104-140, §1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2524. § 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 To aid in achieving maximum effectiveness in the programs and activities conducted under this chapter, the Secretary is authorized to provide financial, technical, and related assistance to State foresters or equivalent State officials for the development of stronger and more efficient State organizations that will enable them to fulfill better their responsibilities for the protection and management of non-Federal forest lands. Assistance under this subsection may include, but will not be limited to, assistance in matters related to organization management, program planning and management, budget and fiscal accounting services, personnel training and management, information services, and recordkeeping. Assistance under this subsection may be extended only upon request by State foresters or equivalent State officials. (b) Assembly, analysis, display, and reporting of State forest resources data, resources planning, etc.; scope of assistance; other statutory provisions unaffected To ensure that data regarding forest lands are available for and effectively presented in State and Federal natural resources planning, the Secretary is authorized to provide financial, technical, and related assistance to State foresters or equivalent State officials in the assembly, analysis, display, and reporting of State forest resources data, in the training of State forest resources planners, and in participating in natural resources planning at the State and Federal levels. The Secretary shall restrict assistance under this subsection to the implementation of the forestry aspects of State and Federal natural resources planning conducted under other laws. This subsection shall not be construed, in any way whatsoever, as extending, limiting, amending, repealing, or otherwise affecting any other law or authority. (c) Technology implementation program; scope of program; availability of funds; use of forest resources planning committees To ensure that new technology is introduced, new information is integrated into existing technology, and forest resources research findings are promptly made available to State forestry personnel, 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 participat ing 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 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 There are hereby authorized to be appropriated annually such sums as may be needed to implement this section. (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.) CODIFICATION In subsec. (c)(2), "section 3324(a) and (b) of title 31” substituted for "section 3648 of the Revised Statutes (31 U.S.C. 529)" on authority of Pub. L. 97-258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. PRIOR PROVISIONS A prior section 11 of Pub. L. 95-313 was renumbered section 14 and is classified to section 2110 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2106b of this title. § 2108. Consolidation of payments To provide flexibility in funding activities authorized under this chapter, the Secretary may, upon the request of any State, consolidate the annual financial assistance payments to that State under this chapter, in lieu of functional cost sharing mechanisms, formulas, or agreements. However, consolidated payments shall not include money appropriated under section 2103 of this title or money from any special Treasury fund established under this chapter. (b) State forest resources programs as basis Consolidation of payments made under this section shall be based upon State forest resources programs developed by State foresters or equivalent State officials, and reviewed by the Secretary. (c) Amount of payments Consolidated payments to any State during any fiscal year shall not exceed the total amount of non-Federal funds expended within the State during that year to implement its State forest resources program. However, the Secretary may make payments that exceed the non-Federal amount expended for selected activities under the program, if the total Federal expenditure during any fiscal year does not exceed the total non-Federal expenditure during that year under the State forest resources program. (d) Certification requirement by State forester or equivalent State official for Federal payment The Secretary may make consolidated payments on the certificate of the State forester or equivalent State official that the conditions for Federal payment have been met. (e) Administration of consolidated payments program not to adversely affect, etc., other programs The Secretary shall administer this section to ensure that the use of consolidated payments does not adversely affect or eliminate any program authorized under this chapter. (f) Total annual amount of financial assistance to participating State; financial assistance for special projects not to be included in determining base amount Subject to applicable appropriation Acts, the total annual amount of financial assistance to any participating State after July 1, 1978, shall not be less than the base amount of financial assistance provided to that State under all the provisions of law specified in section 2111 of this title during the fiscal year in which this chapter is enacted. However, financial assistance for special projects of two years or less duration shall not be included in determining the base amount for any participating State. (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.) PRIOR PROVISIONS A prior section 12 of Pub. L. 95-313, which amended section 1606 of this title and enacted provisions set out as a note under that section, was renumbered section 15. AMENDMENTS 1990 Subsec. (f). Pub. L. 101-624, § 1224(2), made technical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2106b of this title. § 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 Money appropriated under this chapter shall remain available until expended. (c) 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. (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 Trust Territory of the Pacific Islands, 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 The Secretary may prescribe rules and regulations, as the Secretary deems appropriate, to implement the provisions of this chapter. (f) Granting, etc., authorities The Secretary is authorized to make grants, agreements, contracts, and other arrangements the Secretary deems necessary to implement this chapter. (g) 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. (h) 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. (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.) 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). PRIOR PROVISIONS A prior section 13 of Pub. L. 95-313 was renumbered section 16 and is classified to section 2111 of this title. AMENDMENTS 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. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2103, 2106b of this title. 1 See References in Text note below. $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.) PRIOR PROVISIONS A prior section 14 of Pub. L. 95-313 was renumbered section 17 and is set out as a note under section 2101 of this title. AMENDMENTS 1990-Pub. L. 101-624, §1221, amended section generally. Prior to amendment, section read as follows: "This chapter does not authorize the Federal Government to regulate the use of private land or to deprive owners of land of their rights to property or to income from the sale of property, and this chapter does not diminish in any way the rights and responsibilities of the States and political subdivisions of States." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2106b of this title. § 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 10101 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 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. 1 See References in Text note below. (c) Availability of funds appropriated under authority of repealed statutes for cooperative forestry assistance programs Funds appropriated under the authority of the Acts, or portions thereof, repealed under subsection (a) of this section shall be available for expenditure for the programs authorized under this chapter. (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.) REFERENCES IN TEXT Act of April 26, 1940, known as the White Pine Blister Rust Protection Act (54 Stat. 168; 16 U.S.C. 594a), referred to in subsec. (a)(2), is act Apr. 26, 1940, ch. 159, 54 Stat. 168, which enacted section 594a of this title. The Forest Pest Control Act, referred to in subsec. (a)(3), is act June 25, 1947, ch. 141, 61 Stat. 177, as amended, which enacted sections 594-1 to 594-5 of this title and enacted provisions set out as notes under section 594-1 of this title. For complete classification of this Act to the Code, see Tables. The Cooperative Forest Management Act, referred to in subsec. (a)(4), is act Aug. 25, 1950, ch. 781, 64 Stat. 473, as amended, which enacted sections 568c and 568d of this title, repealed section 568b of this title, and enacted a provision set out as a note under section 568c of this title. For complete classification of this Act to the Code, see Tables. The Rural Development Act of 1972, referred to in subsec. (a)(6), is Pub. L. 92-419, Aug. 30, 1972, 86 Stat. 657, as amended. Title IV of the Rural Development Act of 1972 was classified generally to subchapter I (§ 2651 et seq.) of chapter 59 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title of 1972 Amendment note set out under section 1921 of Title 7 and Tables. Section 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973, referred to in subsec. (a)(7), was classified to section 1510 of this title prior to repeal by Pub. L. 104-127, title III, § 336(d)(1), Apr. 4, 1996, 110 Stat. 1006. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2106b, 2108, 2109 of this title. § 2112. Cooperative national forest products marketing program (a) Findings and purposes (1) Findings Congress finds that (A) the health and vitality of the domestic forest products industry is important to the well-being of the economy of the United States; (B) the domestic forest products industry has a significant potential for expansion in both domestic and foreign markets; (C) many small-sized to medium-sized forest products firms lack the tools that would enable them to meet the increasing challenge of foreign competition in domestic and foreign markets; and (D) a new cooperative forest products marketing program will improve the competitiveness of the United States forest products industry. (2) Purposes The purposes of this section are to (A) provide direct technical assistance to the United States forest products industry to improve marketing activities; |