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16 U.S.C. § 2109 — General provisions
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source location: Title 16, Chapter 41, § 2109; chapter-041-cooperative-forestry-assistance.md
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**(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 Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2111&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2102/b&num=0&edition=prelim), paragraphs (1) through (5) of section 2104(b) 11 See References in Text note below. of this title, and paragraphs (1) through (3) of [section 2105(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2105/b&num=0&edition=prelim). 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and purpose** The Secretary shall establish a program, to be known as the Forest Legacy Program, in cooperation with appropriate State, regional, and other units of government for the purposes of ascertaining and protecting environmentally important forest areas that are threatened by conversion to nonforest uses and, through the use of conservation easements and other mechanisms, for promoting forest land protection and other conservation opportunities. Such purposes shall also include the protection of important scenic, cultural, fish, wildlife, and recreational resources, riparian areas, and other ecological values.
**(b) State and regional forest legacy programs** The Secretary shall exercise the authority under subsection (a) in conjunction with State or regional programs that the Secretary deems consistent with this section.
**(c) Interests in land** In addition to the authorities granted under [section 515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section515&num=0&edition=prelim) and [section 2268a(a) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2268a/a&num=0&edition=prelim), the Secretary may acquire from willing landowners lands and interests therein, including conservation easements and rights of public access, for Forest Legacy Program purposes. The Secretary shall not acquire conservation easements with title held in common ownership with any other entity.
**(d) Implementation**
(1) **In general** — Lands and interests therein acquired under subsection (c) may be held in perpetuity for program and easement administration purposes as the Secretary may provide. In administering lands and interests therein under the program, the Secretary shall identify t
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section564&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section594a&num=0&edition=prelim));
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section568e&num=0&edition=prelim)];
(6) title IV of the Rural Development Act of 1972 [[7 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2651&num=0&edition=prelim) et seq.]; and
(7) section 1009 and the proviso to section 1010 11 See References in Text note below. of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 [[16 U.S.C. 1509](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1509&num=0&edition=prelim), 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.
**(c) Availability of fund
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional findings** Congress finds that—
(1) significant accomplishments have been made by the Secretary and cooperating States in the prevention and control of fires on forest lands and on nonforested watersheds for more than fifty years;
(2) progress is being made by the Secretary and cooperating States and rural communities in the protection of human lives, agricultural crops and livestock, property and other improvements, and natural resources from fires in rural areas;
(3) notwithstanding the accomplishments and progress that have been made, fire prevention and control on rural lands and in rural communities are of continuing high priority to protect human lives, agricultural crops and livestock, property and other improvements, and natural resources;
(4) the effective cooperative relationships between the Secretary and the States regarding fire prevention and control on rural lands and in rural communities should be retained and improved;
(5) efforts in fire prevention and control in rural areas should be coordinated among Federal, State, and local agencies; and
(6) in addition to providing assistance to State and local rural fire prevention and control programs, the Secretary should provide prompt and adequate assistance whenever a rural fire emergency overwhelms, or threatens to overwhelm, the firefighting capability of the affected State or rural area.
**(b) Implementation of provisions** Notwithstanding the Federal Fire Prevention and Control Act of 1974 [[15 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2201&num=0&edition=prelim) et seq.] the Secretary is authorized, under whatever conditions the Secretary may prescribe, to—
(1) cooperate with State foresters or equivalent State officials in develo
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Federal law — U.S. Code and appendices · legal_authorities
Page 2166
TITLE 16—CONSERVATION
§ 2108
1 See References in Text note below.
(C) develop and maintain technical infor-
mation systems in support of programs and
activities authorized under this chapter;
(D) test, evaluate, and seek registration of
chemicals for use in implementing the pro-
grams and activities authorized under this
chapter;
(E) conduct other activities, including
training of State forestry personnel whom
the Secretary deems necessary to ensure
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 re-
gard 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 appro-
priated 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.)
Editorial Notes
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.
§ 2108. Consolidation of payments
(a) Request by State; excluded funds
To provide flexibility in funding activ
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