16 U.S.C. § 2101a — State-wide assessment and strategies for

Page 2146 TITLE 16—CONSERVATION § 2101a Council and direct its work. The Co-Chairs shall keep the Council apprised of all Federal efforts related to the subject of this order. The Co-Chairs and members of the Council shall also coordinate with the Vice Chairs on communications with the Initiative and related par- ties regarding any Federal Government interactions with the Initiative. SEC. 3. Agency Roles and Responsibilities. All members of the Council who are heads of agencies shall: (a) include Council-related activities within their re- spective strategic planning processes; and (b) provide to the Co-Chairs, Vice Chairs, and the Di- rector of the Office of Management and Budget, pursu- ant to the Council protocol established under section 4(e) of this order, regular progress reports on their re- spective agencies’ activities, if any, relating to the growth, restoration, and conservation of trees. SEC. 4. Council Mission and Functions. The mission of the Council shall be to promote an increase in Federal Government activities and other national efforts that further the Initiative by growing, restoring, and con- serving trees. The Council shall: (a) develop and implement a strategy that includes a methodology that the Federal Government will use to track and measure any Federal activities related to the Initiative, specifically with respect to trees grown, re- stored, and conserved; (b) identify statutory, regulatory, and other limita- tions that inhibit the Federal Government from taking additional actions in furtherance of the Initiative, and recommend potential administrative and legislative ac- tions to remedy such limitations; (c) identify opportunities to use existing authorities and existing or future authorized and appropriated funds to promote efforts to protect and restore trees, and to promote the active management of existing Fed- eral lands to facilitate growth, restoration, and con- servation of trees; (d) inform State, local, and tribal officials of Federal efforts to protect, grow, and actively manage forests and woodlands on Federal lands; and (e) establish a protocol for the submission by mem- bers of the Council who are heads of agencies of regular progress reports to the Co-Chairs, Vice Chairs, and the Director of the Office of Management and Budget on the activities, if any, of these members’ respective agencies relating to the growth, restoration, and con- servation of trees. SEC. 5. Termination. The Council shall terminate on December 31, 2030. SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 2101a. State-wide assessment and strategies for forest resources (a) Assessment and strategies for forest re- sources For a State to be eligible to receive funds under the authorities of this chapter, the State forester of that State or equivalent State offi- cial shall develop and submit to the Secretary, not later than two years after the date of enact- ment of the Food, Conservation, and Energy Act of 2008, the following: (1) A State-wide assessment of forest re- source conditions, including— (A) the conditions and trends of forest re- sources in that State; (B) the threats to forest lands and re- sources in that State consistent with the na- tional priorities specified in section 2101(c) of this title; (C) any areas or regions of that State that are a priority; and (D) any multi-State areas that are a re- gional priority. (2) A long-term State-wide forest resource strategy, including— (A) strategies for addressing threats to for- est resources in the State outlined in the as- sessment required by paragraph (1); and (B) a description of the resources nec- essary for the State forester or equivalent State official from all sources to address the State-wide strategy. (b) Updating At such times as the Secretary determines to be necessary, the State forester or equivalent State official shall update and resubmit to the Secretary the State-wide assessment and State- wide strategy required by subsection (a). (c) Coordination In developing or updating the State-wide as- sessment and State-wide strategy required by subsection (a), the State Forester or equivalent State official shall coordinate with— (1) the State Forest Stewardship Coordi- nating Committee established for the State under section 2113(b) of this title; (2) the State wildlife agency, with respect to strategies contained in the State wildlife ac- tion plans; (3) the State Technical Committee; (4) applicable Federal land management agencies; (5) as feasible, appropriate military installa- tions where the voluntary participation and management of private or State-owned or other public forestland is able to support, pro- mote, and contribute to the missions of such installations; and (6) for purposes of the Forest Legacy Pro- gram under section 2103c of this title, the State lead agency designated by the Governor. (d) Incorporation of other plans In developing or updating the State-wide as- sessment and State-wide strategy required by subsection (a), the State forester or equivalent State official shall incorporate any forest man- agement plan of the State, including community wildfire protection plans and State wildlife ac- tion plans. (e) Sufficiency Once approved by the Secretary, a State-wide assessment and State-wide strategy developed under subsection (a) shall be deemed to be suffi- cient to satisfy all relevant State planning and assessment requirements under this chapter. (f) Funding (1) Authorization of appropriations There are authorized to be appropriated to carry out this section up to $10,000,000 for each of fiscal years 2008 through 2023. Page 2147 TITLE 16—CONSERVATION § 2102 (2) Additional funding sources In addition to the funds appropriated for a fiscal year pursuant to the authorization of appropriations in paragraph (1) to carry out this section, the Secretary may use any other funds made available for planning under this chapter to carry out this section, except that the total amount of combined funding used to carry out this section may not exceed $10,000,000 in any fiscal year. (g) Annual report on use of funds The State forester or equivalent State official shall submit to the Secretary an annual report detailing how funds made available to the State under this chapter are being used. (Pub. L. 95–313, § 2A, as added Pub. L. 110–234, title VIII, § 8002, May 22, 2008, 122 Stat. 1280, and Pub. L. 110–246, § 4(a), title VIII, § 8002, June 18, 2008, 122 Stat. 1664, 2041; amended Pub. L. 113–79, title VIII, § 8101, Feb. 7, 2014, 128 Stat. 914; Pub. L. 115–334, title VIII, § 8101, Dec. 20, 2018, 132 Stat. 4837.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (e), (f)(2), and (g), was in the original ‘‘this Act’’, meaning Pub. L. 95–313, July 1, 1978, 92 Stat. 365, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. The date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. 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—Subsec. (f)(1). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. 2014—Subsec. (c)(5), (6). Pub. L. 113–79, § 8101(1), added par. (5) and redesignated former par. (5) as (6). Subsec. (f)(1). Pub. L. 113–79, § 8101(2), substituted ‘‘2018’’ for ‘‘2012’’. 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. § 2102. Rural forestry assistance (a) Assistance to forest landowners and others The Secretary may provide financial, tech- nical, educational, and related assistance to State foresters or equivalent State officials, and State extension directors, to enable such offi- cials to provide technical information, advice, and related assistance to private forest land owners and managers, vendors, forest resource operators, forest resource professionals, public agencies, and individuals to enable such persons to carry out activities that are consistent with the purposes of this chapter, including— (1) protecting, maintaining, enhancing, re- storing, and preserving forest lands and the multiple values and uses that depend on such lands; (2) identifying, protecting, maintaining, en- hancing, and preserving wildlife and fish spe- cies, including threatened and endangered spe- cies, and their habitats; (3) implementing forest management tech- nologies; (4) selecting, producing, and marketing al- ternative forest crops, products and services from forest lands; (5) protecting forest land from damage caused by fire, insects, disease, and damaging weather; (6) managing the rural-land and urban-land interface to balance the use of forest resources in and adjacent to urban and community areas; (7) identifying and managing recreational forest land resources; (8) identifying and protecting the aesthetic character of forest lands; (9) protecting forest land from conversion to alternative uses; and (10) the management of resources of forest lands, including— (A) the harvesting, processing, and mar- keting of timber and other forest resources and the marketing and utilization of wood and wood products; (B) the conversion of wood to energy for domestic, industrial, municipal, and other uses; (C) the planning, management, and treat- ment of forest land, including site prepara- tion, reforestation, thinning, prescribed burning, and other silvicultural activities designed to increase the quantity and im- prove the quality of timber and other forest resources; (D) ensuring that forest regeneration or re- forestation occurs if needed to sustain long- term resource productivity; (E) protecting and improving forest soil fertility and the quality, quantity, and tim- ing of water yields; and (F) encouraging the investment of a por- tion of the proceeds from the sale of timber or other forest resources in stewardship ac- tivities that preserve, protect, maintain, and enhance their forest land. (b) State forestry assistance The Secretary is authorized to provide finan- cial, technical, and related assistance to State foresters, or equivalent State officials, to— (1) develop genetically improved tree seeds; (2) develop and contract for the development of field arboretums, greenhouses, and tree nurseries, in cooperation with a State, to fa- cilitate production and distribution of tree seeds and seedlings in States where the Sec- retary determines that there is an inadequate capacity to carry out present and future refor- estation needs; (3) procure, produce, and distribute tree seeds and trees for the purpose of establishing forests, windbreaks, shelterbelts, woodlots, and other plantings;