§2109a — Title 16 Conservation | U.S. Code

Summary

Creates a competitive grant program to pay for science-based, team-driven restoration of important forest areas. States, working through their State forester or agency, can apply with a multiyear restoration plan that is mostly finished, covers nonindustrial private or State forest land, can reach local wood-processing facilities, and uses the best available science. Plans must be sent through the State forester or agency. Plans must include ways to lower the chance of unusual wildfires; improve fish and wildlife habitat (including for threatened and endangered species); protect water and watershed function; control invasive species, insects, and disease; restore key forest ecosystems; and measure ecological and economic benefits (for example, air and soil quality). Grants will favor proposals that support the State’s forest strategy, work across property boundaries, and bring in other public and private funds. Grant recipients must match federal money with at least an equal amount of non-federal cash or in-kind support. The program will coordinate with other federal and State landscape efforts. The agency must write rules as needed and must report to the House and Senate Agriculture Committees no later than 3 years after December 20, 2018, about project status, spending, and results. Definitions: Indian tribe (defined in other federal law); nonindustrial private forest land (rural land with trees or able to grow trees, owned privately or by tribes); State forest land (rural forest land owned by State or local government). A Treasury fund is set up for the program, with $20,000,000 authorized each fiscal year starting the first full fiscal year after December 20, 2018, through FY2023, available until spent.

Title 16, §2109a

Conservation — Source: USLM XML via OLRC

(a)The purpose of this section is to encourage collaborative, science-based restoration of priority forest landscapes.

(b)In this section:

(1)The term “Indian tribe” has the meaning given the term in section 5304 of title 25.

(2)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)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)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)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)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)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)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)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)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 11 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)The Secretary shall promulgate such regulations as the Secretary determines necessary to carry out this section.

(k)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)(1)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)The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (3).

(3)There is authorized to be appropriated to the Fund $20,000,000 for each fiscal year beginning with the first full fiscal year after December 20, 2018, through fiscal year 2023, to remain available until expended.

Notes & Related Subsidiaries

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 May 22, 2008, 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.

§2109a State and private forest landscape-scale restoration program