16 U.S.C. § 2105 — Urban and community forestry assistance

Page 2157 TITLE 16—CONSERVATION § 2105 ferred at least monthly from the general fund of the Treasury to the Fund on the basis of es- timates made by the Secretary of the Treas- ury. (2) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Uses of Fund (1) Loans (A) In general The Secretary shall use amounts in the Fund to provide loans to eligible units of local government to finance purchases of au- thorized equipment to monitor, remove, dis- pose of, and replace infested trees that are located— (i) on land under the jurisdiction of the eligible units of local government; and (ii) within the borders of quarantine areas infested by plant pests. (B) Maximum amount The maximum amount of a loan that may be provided by the Secretary to an eligible unit of local government under this sub- section shall be the lesser of— (i) the amount that the eligible unit of local government has appropriated to fi- nance purchases of authorized equipment in accordance with subparagraph (A); or (ii) $5,000,000. (C) Interest rate The interest rate on any loan made by the Secretary under this paragraph shall be a rate equal to 2 percent. (D) Report Not later than 180 days after the date on which an eligible unit of local government receives a loan provided by the Secretary under subparagraph (A), the eligible unit of local government shall submit to the Sec- retary a report that describes each purchase made by the eligible unit of local govern- ment using assistance provided through the loan. (2) Loan repayment schedule (A) In general To be eligible to receive a loan from the Secretary under paragraph (1), in accordance with each requirement described in subpara- graph (B), an eligible unit of local govern- ment shall enter into an agreement with the Secretary to establish a loan repayment schedule relating to the repayment of the loan. (B) Requirements relating to loan repayment schedule A loan repayment schedule established under subparagraph (A) shall require the eli- gible unit of local government— (i) to repay to the Secretary of the Treasury, not later than 1 year after the date on which the eligible unit of local government receives a loan under para- graph (1), and semiannually thereafter, an amount equal to the quotient obtained by dividing— (I) the principal amount of the loan (including interest); by (II) the total quantity of payments that the eligible unit of local govern- ment is required to make during the re- payment period of the loan; and (ii) not later than 20 years after the date on which the eligible unit of local govern- ment receives a loan under paragraph (1), to complete repayment to the Secretary of the Treasury of the loan made under this section (including interest). (f) Authorization of appropriations There are authorized to be appropriated to the Fund such sums as are necessary to carry out this section. (Pub. L. 110–234, title X, § 10205, May 22, 2008, 122 Stat. 1344; Pub. L. 110–246, § 4(a), title X, § 10205, June 18, 2008, 122 Stat. 1664, 2106.) 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. Section was enacted as part of the Food, Conserva- tion, and Energy Act of 2008, and not as part of the Co- operative Forestry Assistance Act of 1978 which com- prises this chapter. 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. § 2105. Urban and community forestry assistance (a) Findings The Congress finds that— (1) the health of forests in urban areas and communities, including cities, their suburbs, and towns, in the United States is on the de- cline; (2) forest lands, shade trees, and open spaces in urban areas and communities improve the quality of life for residents; (3) forest lands and associated natural re- sources enhance the economic value of resi- dential and commercial property in urban and community settings; (4) urban trees are 15 times more effective than forest trees at reducing the buildup of carbon dioxide and aid in promoting energy conservation through mitigation of the heat island effect in urban areas; (5) tree plantings and ground covers such as low growing dense perennial turfgrass sod in urban areas and communities can aid in reduc- ing carbon dioxide emissions, mitigating the heat island effect, and reducing energy con- sumption, thus contributing to efforts to re- duce global warming trends; (6) efforts to encourage tree plantings and protect existing open spaces in urban areas Page 2158 TITLE 16—CONSERVATION § 2105 and communities can contribute to the social well-being and promote a sense of community in these areas; and (7) strengthened research, education, tech- nical assistance, and public information and participation in tree planting and mainte- nance programs for trees and complementary ground covers for urban and community for- ests are needed to provide for the protection and expansion of tree cover and open space in urban areas and communities. (b) Purposes The purposes of this section are to— (1) improve understanding of the benefits of preserving existing tree cover in urban areas and communities; (2) encourage owners of private residences and commercial properties to maintain trees and expand forest cover on their properties; (3) provide education programs and technical assistance to State and local organizations (including community associations and schools) in maintaining forested lands and in- dividual trees in urban and community set- tings and identifying appropriate tree species and sites for expanding forest cover; (4) provide assistance through competitive matching grants awarded to local units of gov- ernment, approved organizations that meet the requirements of section 501(c)(3) of title 26, or other local community tree volunteer groups, for urban and community forestry projects; (5) implement a tree planting program to complement urban and community tree main- tenance and open space programs and to re- duce carbon dioxide emissions, conserve en- ergy, and improve air quality in addition to providing other environmental benefits; (6) promote the establishment of demonstra- tion projects in selected urban and community settings to illustrate the benefits of maintain- ing and creating forest cover and trees; (7) enhance the technical skills and under- standing of sound tree maintenance and arbo- ricultural practices including practices involv- ing the cultivation of trees, shrubs and com- plementary ground covers, of individuals in- volved in the planning, development, and maintenance of urban and community forests and trees; and (8) expand existing research and educational efforts intended to improve understanding of— (A) tree growth and maintenance, tree physiology and morphology, species adapta- tions, and forest ecology, (B) the value of integrating trees and ground covers, (C) the economic, environmental, social, and psychological benefits of trees and for- est cover in urban and community environ- ments, and (D) the role of urban trees in conserving energy and mitigating the urban heat island. (c) General authority The Secretary is authorized to provide finan- cial, technical, and related assistance to State foresters or equivalent State officials for the purpose of encouraging States to provide infor- mation and technical assistance to units of local government and others that will encourage co- operative efforts to plan urban forestry pro- grams and to plant, protect, and maintain, and utilize wood from, trees in open spaces, green- belts, roadside screens, parks, woodlands, curb areas, and residential developments in urban areas. In providing such assistance, the Sec- retary is authorized to cooperate with inter- ested members of the public, including nonprofit private organizations. The Secretary is also au- thorized to cooperate directly with units of local government and others in implementing this section whenever the Secretary and the affected State forester or equivalent State official agree that direct cooperation would better achieve the purposes of this section. (d) Program of education and technical assist- ance The Secretary, in cooperation with State for- esters and State extension directors or equiva- lent State officials and interested members of the public, including nonprofit private organiza- tions, shall implement a program of education and technical assistance for urban and commu- nity forest resources. The program shall be de- signed to— (1) assist urban areas and communities in conducting inventories of their forest re- sources, including inventories of the species, number, location, and health of trees in urban areas and communities, identifying opportuni- ties for the establishment of plantings for the purposes of conserving energy, and deter- mining the status of related resources (includ- ing fish and wildlife habitat, water resources, and trails); (2) assist State and local organizations (in- cluding community associations and schools) in organizing and conducting urban and com- munity forestry projects and programs; (3) improve education and technical support in— (A) selecting tree species appropriate for planting in urban and community environ- ments and for promotion of energy conserva- tion; (B) providing for proper tree planting, maintenance, and protection in urban areas and communities; (C) protecting individual trees and pre- serving existing open spaces with or without tree cover; and (D) identifying opportunities for expanding tree cover in urban areas and communities; (4) assist in the development of State and local management plans for trees and associ- ated resources in urban areas and commu- nities; and (5) increase public understanding of the en- ergy conservation, economic, social, environ- mental, and psychological values of trees and open space in urban and community environ- ments and expand knowledge of the ecological relationships and benefits of trees and related resources in these environments. (e) Procurement of plant materials The Secretary, in cooperation with State for- esters or equivalent State officials, shall assist in identifying sources of plant materials and Page 2159 TITLE 16—CONSERVATION § 2105 may procure or otherwise obtain such plant ma- terials from public or private sources and may make such plant materials available to urban areas and communities for the purpose of refor- esting open spaces, replacing dead and dying urban trees, promoting energy conservation, and providing other environmental benefits through expanding tree cover in urban areas and commu- nities. (f) Challenge cost-share program (1) In general The Secretary shall establish an urban and community forestry challenge cost-share pro- gram. Funds or other support shall be provided under such program to eligible communities and organizations, on a competitive basis, for urban and community forestry projects. The Secretary shall annually make awards under the program in accordance with criteria devel- oped in consultation with, and after consider- ation of recommendations received from, the National Urban and Community Forestry Ad- visory Council established under subsection (g). Each State forester or equivalent State of- ficial may make recommendations to the Sec- retary for awards under the program for project proposals in their State which meet such criteria. Awards shall be consistent with the cost-share requirements of this section. (2) Cost-sharing The Federal share of support for a project provided under this subsection may not exceed 50 percent of the support for that project and shall be provided on a matching basis. The non-Federal share of such support may be in the form of cash, services, or in-kind contribu- tions. (g) Forestry Advisory Council (1) Establishment and purpose The Secretary shall establish a National Urban and Community Forestry Advisory Council (hereafter in this section referred to as the ‘‘Council’’) for the purpose of— (A) developing a national urban and com- munity forestry action plan; (B) evaluating the implementation of that plan; and (C) developing criteria for, and submitting recommendations with respect to, the urban and community forestry challenge cost- share program under subsection (f). (2) Composition and operation (A) Composition The Council shall be composed of 15 mem- bers appointed by the Secretary, as follows: (i) 2 members representing national non- profit forestry and conservation citizen or- ganizations, (ii) 3 members, 1 each representing State, county, and city and town govern- ments, (iii) 1 member representing the forest products, nursery, or related industries, (iv) 1 member representing urban for- estry, landscape, or design consultants, (v) 2 members representing academic in- stitutions with an expertise in urban and community forestry activities, (vi) 1 member representing State for- estry agencies or equivalent State agen- cies, (vii) 1 member representing a profes- sional renewable natural resource or arbo- ricultural society, (viii) 1 member from the National Insti- tute of Food and Agriculture, (ix) 1 member from the Forest Service, and (x) 2 members who are not officers or employees of any governmental body, 1 of whom is a resident of a community with a population of less than 50,000 as of the most recent census and both of whom have expertise and have been active in urban and community forestry. (B) Vacancy A vacancy in the Council shall be filled in the manner in which the original appoint- ment was made. (C) Chairperson The Secretary shall select 1 member, from members appointed to the Council, who is not an officer or employee of the United States nor any State, county, city, or town government, who shall serve as the chair- person of the Council. (D) Terms (i) In general Except as provided in clauses (ii) and (iii) of this paragraph, members shall be appointed for terms of 3 years, and no member may serve more than 2 consecu- tive terms on the Council. (ii) Staggered terms Of the members first appointed— (I) 5, including the chairperson and 2 governmental employees, shall be ap- pointed for a term of 3 years, (II) 5, including 2 governmental em- ployees, shall be appointed for a term of 2 years, and (III) 5, including 2 governmental em- ployees, shall be appointed for a term of 1 year, as designated by the Secretary at the time of appointment. (iii) Continuation Any member appointed to fill a vacancy occurring before the expiration of the term of the member’s predecessor shall be ap- pointed only for the remainder of such term. A member may serve after the expi- ration of the member’s term until the member’s successor has taken office. (E) Compensation (i) In general Except as provided in clause (ii), mem- bers of the Council shall serve without pay, but may be reimbursed for reasonable costs incurred while in the actual perform- ance of duties vested in the Council. (ii) Federal officers and employees Members of the Council who are full- time officers or employees of the United States shall receive no additional pay, al- Page 2160 TITLE 16—CONSERVATION § 2105 lowances, or benefits by reason of their service on the Council. (iii) Financial and administrative support The Secretary shall provide financial and administrative support for the Coun- cil. (3) Urban and Community Forestry Action Plan Within 1 year after November 28, 1990, and every 10 years thereafter, the Council shall prepare a National Urban and Community For- estry Action Plan. The plan shall include (but not be limited to) the following: (A) An assessment of the current status of urban forest resources in the United States. (B) A review of urban and community for- estry programs and activities in the United States, including education and technical assistance activities conducted by the De- partment of Agriculture, and other Federal agencies, the State forestry organizations, private industry, private nonprofit organiza- tions, community and civic organizations and interested others. (C) Recommendations for improving the status of the Nation’s urban and community forest resources, including education and technical assistance and modifications re- quired in existing programs and policies of relevant Federal agencies. (D) A review of urban and community for- estry research, including— (i) a review of all ongoing research asso- ciated with urban and community forests, arboricultural practices, and the eco- nomic, social, and psychological benefits of trees and forest cover in urban and com- munity environments being conducted by the Forest Service, other Federal agencies, and associated land grant colleges and uni- versities; (ii) recommendations for new and ex- panded research efforts directed toward urban and community forestry concerns; and (iii) a summary of research priorities and an estimate of the funds needed to im- plement such research, on an annual basis, for the next 10 years. (E) Proposed criteria for evaluating pro- posed projects under the urban and commu- nity forestry challenge cost share program under subsection (f), with special emphasis given to projects that would demonstrate the benefits of improved forest management (including the maintenance and establish- ment of forest cover and trees) in urban areas and communities. (F) An estimate of the resources needed to implement the National Urban and Commu- nity Forestry Action Plan for the succeeding 10 fiscal years. (4) Amendment of plan The plan may be amended by a majority of the Council members. Such amendments shall be incorporated into the Council’s annual re- view of the plan submitted to the Secretary pursuant to paragraph (5) of this subsection. (5) Review of plan The Council shall submit the plan to the Secretary and the Committee on Agriculture of the House of Representatives and the Com- mittee on Agriculture, Nutrition, and For- estry of the Senate upon its completion. Be- ginning no later than one year after the plan is submitted and annually thereafter, the Council shall submit a review of the plan to the Secretary no later than December 31. The review shall consist of— (A) the Council’s assessment of prior year accomplishments in research, education, technical assistance, and related activities in urban and community forestry; (B) the Council’s recommendations for re- search, education, technical assistance, and related activities in the succeeding year; and (C) the Council’s recommendations for the urban and community forestry challenge cost share projects to be funded during the succeeding year. The review submitted to the Secretary shall be incorporated into the annual report re- quired under subsection (e) of section 1601 of this title. (6) Detail of personnel Upon request of the Council, the Secretary is authorized to detail, on a reimbursable basis, any of the personnel of the Department of Agriculture to the Council to assist the Council in carrying out its duties under this chapter. (h) Definitions For the purposes of this section— (1) the term ‘‘Council’’ means the National Urban and Community Forestry Advisory Council established under subsection (g); (2) the term ‘‘plan’’ means the National Urban and Community Forestry Action Plan developed under subsection (g)(3); and (3) the term ‘‘urban and community area’’ includes cities, their suburbs, and towns. (i) Authorization of appropriations There are hereby authorized to be appro- priated $30,000,000 for each of the fiscal years 1991 through 1995, and such sums as may be nec- essary for each fiscal year thereafter, for the im- plementation of this section. (Pub. L. 95–313, § 9, formerly § 6, July 1, 1978, 92 Stat. 369; renumbered § 9 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1219(a), Nov. 28, 1990, 104 Stat. 3525, 3533; Pub. L. 102–237, title X, § 1018(a)(3), Dec. 13, 1991, 105 Stat. 1905; Pub. L. 110–234, title VII, § 7511(c)(36), May 22, 2008, 122 Stat. 1271; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(36), June 18, 2008, 122 Stat. 1664, 2032; Pub. L. 117–58, div. G, title III, § 70302(a)(1)(B), Nov. 15, 2021, 135 Stat. 1260.) Editorial Notes CODIFICATION November 28, 1990, referred to in subsec. (g)(3), was in the original ‘‘the date of enactment of this subsection’’, which was translated as meaning the date of enactment of Pub. L. 101–624, which amended this section gen- erally, to reflect the probable intent of Congress. Page 2161 TITLE 16—CONSERVATION § 2106 1 See References in Text note below. 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. AMENDMENTS 2021—Subsec. (g). Pub. L. 117–58, in concluding provi- sions, substituted ‘‘subsection (e) of section 1601’’ for ‘‘section 1601(d)’’ and made technical amendment to reference in original act which appears in text as ref- erence to section 1601 of this title. 2008—Subsec. (g)(2)(A)(viii). Pub. L. 110–246, § 7511(c)(36), substituted ‘‘National Institute of Food and Agriculture’’ for ‘‘Extension Service’’. 1991—Subsec. (g)(1)(C), (3)(E). Pub. L. 102–237, § 1018(a)(3)(A), (B), substituted ‘‘subsection (f)’’ for ‘‘subsection (e)’’. Subsec. (h)(1). Pub. L. 102–237, § 1018(a)(3)(C), sub- stituted ‘‘subsection (g)’’ for ‘‘subsection (f)’’. Subsec. (h)(2). Pub. L. 102–237, § 1018(a)(3)(D), sub- stituted ‘‘subsection (g)(3)’’ for ‘‘subsection (f)(3)’’. 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions relating to Congressional findings concerning urban forestry as- sistance, financial, technical, and related assistance to State foresters or equivalent State officials to encour- age planning of urban forestry programs, and author- ization of appropriations. 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 May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 7511(c)(36) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of Title 7, Agriculture. TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the Presi- dent or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is oth- erwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 2106. Rural fire prevention and control (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 im- provements, and natural resources from fires in rural areas; (3) notwithstanding the accomplishments and progress that have been made, fire preven- tion 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 regard- ing 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 Fed- eral, State, and local agencies; and (6) in addition to providing assistance to State and local rural fire prevention and con- trol 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 et seq.] the Secretary is authorized, under whatever conditions the Secretary may prescribe, to— (1) cooperate with State foresters or equiva- lent State officials in developing systems and methods for the prevention, control, suppres- sion, and prescribed use of fires on rural lands and in rural communities that will protect human lives, agricultural crops and livestock, property and other improvements, and natural resources; (2) provide financial, technical, and related assistance to State foresters or equivalent State officials, and through them to other agencies and individuals, for the prevention, control, suppression, and prescribed use of fires on non-Federal forest lands and other non-Federal lands; (3) provide financial, technical, and related assistance to State foresters or equivalent State officials in cooperative efforts to orga- nize, train, and equip local firefighting forces, including those of Indian tribes or other na- tive groups, to prevent, control, and suppress fires threatening human lives, crops, live- stock, farmsteads or other improvements, pas- tures, orchards, wildlife, rangeland, woodland, and other resources in rural areas. As used herein, the term ‘‘rural areas’’ shall have the meaning set out in the first clause of section 1926(a)(7) 1 of title 7; and (4) provide financial, technical, and related assistance to State foresters or equivalent State officials, and through them to other agencies and individuals, including rural vol- unteer fire departments, to conduct prepared- ness and mobilization activities, including training, equipping, and otherwise enabling State and local firefighting agencies to re- spond to requests for fire suppression assist- ance. (c) Encouragement of use of excess personal property by State and local fire forces receiv- ing assistance; cooperation and assistance of Administrator of General Services The Secretary, with the cooperation and as- sistance of the Administrator of General Serv- ices, shall encourage the use of excess personal property (within the meaning of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of sub-