16 U.S.C. § 2101 — Findings, purpose, and policy

Page 2141 TITLE 16—CONSERVATION § 2101 1 See 1990 Amendment note below. ural Gas Transportation Projects, see note set out under section 2002 of this title. § 2009. Termination of program The provisions of this chapter shall terminate on December 31, 2023. (Pub. L. 95–192, § 10, Nov. 18, 1977, 91 Stat. 1411; Pub. L. 99–198, title XII, § 1252(d), Dec. 23, 1985, 99 Stat. 1517; Pub. L. 110–234, title II, § 2804(e), May 22, 2008, 122 Stat. 1088; Pub. L. 110–246, § 4(a), title II, § 2804(e), June 18, 2008, 122 Stat. 1664, 1816; Pub. L. 115–334, title II, § 2402(4), Dec. 20, 2018, 132 Stat. 4571.) Editorial Notes CODIFICATION 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 L. 110–234 were repealed by section 4(a) of Pub.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 2018—Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. 2008—Pub. L. 110–246, § 2804(e), substituted ‘‘2018’’ for ‘‘2008’’. 1985—Pub. L. 99–198 substituted ‘‘2008’’ for ‘‘1985’’. 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, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. CHAPTER 41—COOPERATIVE FORESTRY ASSISTANCE Sec. 2101. Findings, purpose, and policy. 2101a. State-wide assessment and strategies for for- est resources. 2102. Rural forestry assistance. 2103. Repealed. 2103a. Forest Stewardship Program. 2103b. Repealed. 2103c. Forest Legacy Program. 2103d. Community forest and open space conserva- tion program. 2104. Forest health protection. 2104a. Pest and Disease Revolving Loan Fund. 2105. Urban and community forestry assistance. 2106. Rural fire prevention and control. 2106a. Emergency reforestation assistance. 2106b. Use of money collected from States for fire suppression assistance. 2106c. Enhanced community fire protection. 2107. Financial, technical, and related assistance to States. 2108. Consolidation of payments. 2109. General provisions. 2109a. State and private forest landscape-scale res- toration program. 2109b. Repealed. 2110. Statement of limitation. 2111. Other Federal programs. 2112. Repealed. 2113. Federal, State, and local coordination and co- operation. 2113a. Good neighbor authority. 2114. Administration. § 2101. Findings, purpose, and policy (a) Findings Congress finds that— (1) most of the productive forest land of the United States is in private, State, and local governmental ownership, and the capacity of the United States to produce renewable forest resources is significantly dependent on such non-Federal forest lands; (2) adequate supplies of timber and other for- est resources are essential to the United States, and adequate supplies are dependent on efficient methods for establishing, man- aging, and harvesting trees and processing, marketing, and using wood and wood products; (3) nearly one-half of the wood supply of the United States comes from nonindustrial pri- vate timberlands and such percentage could rise with expanded assistance programs; (4) managed forest lands provide habitats for fish and wildlife, as well as aesthetics, outdoor recreation opportunities, and other forest re- sources; (5) the soil, water, and air quality of the United States can be maintained and improved through good stewardship of privately held forest resources; (6) insects and diseases affecting trees occur and sometimes create emergency conditions on all land, whether Federal or non-Federal, and efforts to prevent and control such insects and diseases often require coordinated action by both Federal and non-Federal land man- agers; (7) fires in rural areas threaten human lives, property, forests and other resources, and Fed- eral-State cooperation in forest fire protection has proven effective and valuable; (8) trees and forests are of great environ- mental and economic value to urban areas; (9) managed forests contribute to improving the quality, quantity, and timing of water yields that are of broad benefit to society; (10) over half the forest lands of the United States are in need of some type of conserva- tion treatment; (11) forest landowners are being faced with increased pressure to convert their forest land to development and other purposes; (12) increased population pressures and user demands are being placed on private, as well as public, landholders to provide a wide vari- ety of products and services, including fish and wildlife habitat, aesthetic quality, and recreational opportunities; (13) stewardship of privately held forest re- sources requires a long-term commitment that can be fostered through local, State, and Fed- eral governmental actions; (14) the Department of Agriculture, through the coordinated efforts of its agencies with forestry responsibilities, cooperating with other Federal agencies, State foresters, and State political subdivisions, has the expertise and experience to assist private landowners in achieving individual goals and public benefits regarding forestry; (15) the products and services resulting from nonindustrial private forest land stewardship provide income and employment that con- tribute to the economic health and diversity of rural communities; 1 Page 2142 TITLE 16—CONSERVATION § 2101 2 So in original. Probably should be ‘‘(17)’’. 3 So in original. (16) sustainable agroforestry systems and tree planting in semiarid lands can improve environmental quality and maintain farm yields and income; and 1 (18) 2 the same forest resource supply, protec- tion, and management issues that exist in the United States are also present on an inter- national scale, and the forest and rangeland renewable resources of the world are threat- ened by deforestation due to conversion to ag- riculture of lands better suited to other pur- poses, over-grazing, over-harvesting, and other causes which pose a direct adverse threat to people, the global environment, and the world economy.1 (b) Purpose It is the purpose of this chapter to authorize the Secretary of Agriculture (hereafter in this chapter referred to as the ‘‘Secretary’’), with re- spect to non-Federal forest lands in the United States, and forest lands in foreign countries, of the United States, to assist in— (1) the establishment of a coordinated and cooperative Federal, State, and local forest stewardship program for management of the non-Federal forest lands; (2) the encouragement of the production of timber; (3) the prevention and control of insects and diseases affecting trees and forests; (4) the prevention and control of rural fires; (5) the efficient utilization of wood and wood residues, including the recycling of wood fiber; (6) the improvement and maintenance of fish and wildlife habitat; (7) the planning and conduct of urban for- estry programs; (8) broadening existing forest management, fire protection, and insect and disease protec- tion programs on non-Federal forest lands to meet the multiple use objectives of land- owners in an environmentally sensitive man- ner; (9) providing opportunities to private land- owners to protect ecologically valuable and threatened non-Federal forest lands; and (10) strengthening educational, technical, and financial assistance programs that provide assistance to owners of non-Federal forest lands in the United States, and forest lands in foreign countries,.3 (c) Priorities In allocating funds appropriated or otherwise made available under this chapter, the Sec- retary shall focus on the following national pri- vate forest conservation priorities, notwith- standing other priorities specified elsewhere in this chapter: (1) Conserving and managing working forest landscapes for multiple values and uses. (2) Protecting forests from threats, includ- ing catastrophic wildfires, hurricanes, tor- nados, windstorms, snow or ice storms, flood- ing, drought, invasive species, insect or dis- ease outbreak, or development, and restoring appropriate forest types in response to such threats. (3) Enhancing public benefits from private forests, including air and water quality, soil conservation, biological diversity, carbon stor- age, forest products, forestry-related jobs, pro- duction of renewable energy, wildlife, wildlife corridors and wildlife habitat, and recreation. (d) Reporting requirement Not later than September 30, 2011, the Sec- retary shall submit to Congress a report describ- ing how funds were used under this chapter, and through other programs administered by the Secretary, to address the national priorities specified in subsection (c) and the outcomes achieved in meeting the national priorities. (e) Policy It is the policy of Congress that it is in the na- tional interest for the Secretary to work through and in cooperation with State foresters, or equivalent State officials, nongovernmental organizations, and the private sector in imple- menting Federal programs affecting non-Federal forest lands. (f) Construction This chapter shall be construed to com- plement the policies and direction under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). (Pub. L. 95–313, § 2, July 1, 1978, 92 Stat. 365; Pub. L. 101–513, title VI, § 611(b)(1), (2), formerly § 607(b)(1), (2), Nov. 5, 1990, 104 Stat. 2072, renum- bered § 611(b)(1), (2), Pub. L. 102–574, § 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; Pub. L. 101–624, title XII, § 1212, Nov. 28, 1990, 104 Stat. 3521; Pub. L. 110–234, title VIII, § 8001, May 22, 2008, 122 Stat. 1279; Pub. L. 110–246, § 4(a), title VIII, § 8001, June 18, 2008, 122 Stat. 1664, 2041.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) to (d) and (f), was in the original ‘‘this Act’’, meaning Pub. L. 95–313, July 1, 1978, 92 Stat. 365, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Ta- bles. The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (f), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§ 1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of this title and Tables. CODIFICATION 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. Pub. L. 101–513 and Pub. L. 101–624 were approved by the President after Congress adjourned and in reverse order of passage by Congress. Accordingly, the amend- ments made by Pub. L. 101–624 were executed to text prior to the amendments made by Pub. L. 101–513 to re- flect the probable intent of Congress. AMENDMENTS 2008—Subsecs. (c) to (f). Pub. L. 110–246, § 8001, added subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and (f), respectively. 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions which set Page 2143 TITLE 16—CONSERVATION § 2101 forth Congressional findings and declarations, and statements of purpose and national interest, and which related to application with forest and rangeland renew- able resources provisions. See Codification note above. Pub. L. 101–513, § 607(b)(1), directed the amendment of subsec. (a) by striking out ‘‘and’’ at end of par. (16), substituting ‘‘; and’’ for period at end of par. (17), and adding par. (18) at end. The amendment of pars. (16) and (17) was executed to pars. (15) and (16) to reflect the probable intent of Congress. See Codification note above. Pub. L. 101–513, § 607(b)(2), which directed the amend- ment of subsec. (b) by inserting ‘‘in the United States, and forest lands in foreign countries,’’ after ‘‘non-Fed- eral forest lands,’’ the first place it appears and in paragraph (10), was executed by making the insertion after ‘‘non-Federal forest lands’’ to reflect the probable intent of Congress. See Codification note above. 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, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. EFFECTIVE DATE Section 17, formerly section 14, of Pub. L. 95–313, as renumbered § 17 by Pub. L. 101–624, title XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525, provided that: ‘‘The provi- sions of this Act [see Short Title note below] shall be- come effective October 1, 1978.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–624, title XII, § 1201, Nov. 28, 1990, 104 Stat. 3521, provided that: ‘‘This title [enacting sections 582a–8, 1648, 1649, 1674a, 2103a to 2103c, 2106a, 2113, and 2114 of this title, amending this section and sections 1642, 1672, 1674, 2102 to 2106, and 2108 to 2110 of this title, and enacting provisions set out as notes under this sec- tion and sections 582a, 1601, 1642, and 2112 of this title] may be cited as the ‘Forest Stewardship Act of 1990’.’’ SHORT TITLE Pub. L. 95–313, § 1, July 1, 1978, 92 Stat. 365, provided: ‘‘That this Act [enacting this chapter, amending sec- tions 1510 and 1606 of this title, repealing sections 565, 566, 567, 568c to 568e, 594–1 to 594–5, 594a, and 1509 of this title, and sections 2651 to 2654 of Title 7, Agriculture, enacting provisions set out as notes under this section and section 1606 of this title, and repealing provisions set out as notes under sections 568c and 594–1 of this title] may be cited as the ‘Cooperative Forestry Assist- ance Act of 1978’.’’ AMERICA THE BEAUTIFUL ACT OF 1990 Pub. L. 101–624, title XII, subtitle C, Nov. 28, 1990, 104 Stat. 3553–3557, as amended by Pub. L. 102–237, title X, § 1018(e), Dec. 13, 1991, 105 Stat. 1905, provided that: ‘‘SEC. 1261. SHORT TITLE. ‘‘This subtitle may be cited as the ‘America the Beautiful Act of 1990’. ‘‘SEC. 1262. FINDINGS. ‘‘Congress finds that— ‘‘(1) trees and forests provide beauty and diversity to both rural and urban landscapes; ‘‘(2) trees and forests protect the United States’s soil, water, and wetland resources by filtering runoff and preventing erosion; ‘‘(3) trees and forests provide food and cover for many species of wildlife; ‘‘(4) trees and forests provide shade, block winds, and add moisture to the air, thereby mitigating the urban ‘heat island’ effect and significantly reducing energy use; ‘‘(5) trees and forests make important contributions to the environmental, social, and economic well- being of both rural and urban areas across the United States; and ‘‘(6) stewardship of trees and forests could be sig- nificantly enhanced by encouraging, promoting, and supporting partnerships and community service projects involving individuals, youth groups, organi- zations, businesses and governments at all levels. ‘‘SEC. 1263. PURPOSES. ‘‘The purposes of this subtitle are to— ‘‘(1) authorize the President to designate a private nonprofit foundation as eligible for a one-time grant from the Secretary of Agriculture, to be used for pro- moting public awareness and a spirit of volunteerism, soliciting private sector contributions, and over- seeing the use of these contributions to encourage tree planting projects in communities and urban areas; ‘‘(2) promote the principles of basic forest steward- ship through the nationwide planting, improvement, and maintenance of trees in order to increase refor- estation, enhance the environmental and aesthetic qualities of the United States’s rural and urban areas, and reduce global carbon dioxide levels; ‘‘(3) authorize the Secretary of Agriculture to pro- vide increased financial and technical assistance to State forestry agencies and others, and enter into cost-sharing agreements with individuals, for the purpose of encouraging owners of nonindustrial pri- vate lands to plant and maintain trees and improve forests in rural areas; and ‘‘(4) authorize the Secretary of Agriculture to pro- vide increased financial and technical assistance to State forestry agencies and others for the purpose of encouraging units of local government, civic groups, and individuals to plant and maintain trees and im- prove forests in communities and urban areas. ‘‘SEC. 1264. TREE PLANTING FOUNDATION. ‘‘(a) PURPOSE.—The purpose of this section is to au- thorize the President to designate a private nonprofit Foundation as eligible to receive a grant from the De- partment of Agriculture to be used— ‘‘(1) to provide grants, including matching grants, to qualifying nonprofit organizations (including youth groups), municipalities, counties, towns and townships for the implementation of programs to pro- mote public awareness and a spirit of volunteerism in support of tree planting, maintenance, management, protection, and cultivation projects in rural areas, communities and urban areas throughout the United States; ‘‘(2) to solicit public and private sector contribu- tions through the mobilization of individuals, busi- nesses, governments, and community organizations with the goal of increasing the number of trees plant- ed, maintained, managed, and protected in rural areas, communities and urban environments; ‘‘(3) to accept and administer public and private gifts and make grants, including matching grants, to encourage local participation, for the planting, main- tenance, management, protection, and cultivation of trees; and ‘‘(4) to ensure that our descendants will be able to share their ancestors’ pride when referring to their land as ‘America the Beautiful’. ‘‘(b) AUTHORITY.—The President is authorized to des- ignate a private nonprofit organization (hereafter in this section referred to as the ‘Foundation’) as eligible to receive funds pursuant to subsections (d) and (e) upon determining that such organization can, con- sistent with its charter, carry out the purposes stated in subsection (a), and that the officers of such organiza- tion have the experience and expertise necessary to di- rect the activities of the organization. Nothing in this section shall be construed to make officers, employees, or members of the board of directors of the Foundation officers or employees of the United States. The Foun- dation shall be a private and nonprofit organization Page 2144 TITLE 16—CONSERVATION § 2101 and not an agency or establishment of the United States. ‘‘(c) IMPLEMENTATION.—The Foundation shall carry out this section in accordance with the purposes stated in subsection (a). ‘‘(d) FUNDING.—For fiscal year 1991, the Secretary is authorized to make a grant of not to exceed $25,000,000 to the Foundation. ‘‘(e) USE OF FUNDS.—Funds made available pursuant to subsection (d) shall be granted to the Foundation by the Secretary to enable the Foundation to carry out the purposes specified in subsection (a). ‘‘(f) INTEREST.—Notwithstanding any other provision of law, the Foundation may hold funds made available pursuant to subsection (e) in interest-bearing accounts prior to the disbursement of the funds for purposes specified in subsection (a) and may retain to carry out such purposes any interest earned on the deposits. ‘‘(g) LIMITATIONS ON USES OF FUNDS.— ‘‘(1) IN GENERAL.—The Foundation may use funds provided by this section only for making grants to qualified organizations, municipalities, counties, towns and townships for the implementation of projects and activities that are consistent with the purposes specified in subsection (a). ‘‘(2) QUALIFIED ORGANIZATIONS.—For the purposes of this section, qualified organizations shall consist of those organizations that meet the requirements of section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and have demonstrated a capa- bility to implement the project or activity for which the Foundation funds will be used. ‘‘(h) COMPENSATION FROM OUTSIDE SOURCES.—An offi- cer or employee of the Foundation may not receive any salary or other compensation for services rendered to the Foundation from any source other than the Foun- dation. ‘‘(i) STOCK AND DIVIDENDS.—The Foundation shall not issue any shares of stock or declare or pay any divi- dends. ‘‘(j) LOBBYING.—The Foundation shall not engage in lobbying or propaganda for the purpose of influencing legislation and shall not participate or intervene in any political campaign on behalf of any candidate for pub- lic office. ‘‘(k) SALARY; TRAVEL AND EXPENSES; CONFLICTS OF IN- TEREST.— ‘‘(1) PERSONAL BENEFIT FROM FUNDS.—No part of the funds of the Foundation shall inure to the benefit of any board member, officer, or employee of the Foun- dation, except as salary or reasonable compensation for services or expenses. ‘‘(2) TRAVEL AND EXPENSE REIMBURSEMENT.—Com- pensation for board members shall be limited to re- imbursement for reasonable costs of travel and ex- penses. ‘‘(3) CONFLICTS OF INTEREST.—No director, officer, or employee of the Foundation shall participate, di- rectly or indirectly, in the consideration or deter- mination of any question before the Foundation af- fecting— ‘‘(A) the financial interests of the director, offi- cer, or employee; or ‘‘(B) the interests of any corporation, partner- ship, entity, or organization in which such director, officer, or employee— ‘‘(i) is an officer, director, or trustee; or ‘‘(ii) has any direct or indirect financial inter- est. ‘‘(l) RECORDS; AUDITS.—The Foundation shall ensure that— ‘‘(1) each recipient of assistance provided through the Foundation under this section maintains, for at least 5 years after the receipt of the assistance, sepa- rate accounts with respect to the assistance and such records as may be reasonably necessary to disclose fully— ‘‘(A) the amount and the disposition by the re- cipient of the proceeds of the assistance; ‘‘(B) the total cost of the project or undertaking in connection with which the assistance is given or used; ‘‘(C) the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and ‘‘(D) such other records as will facilitate an effec- tive audit; and ‘‘(2) the Foundation and any duly authorized rep- resentative of the Foundation shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the Foundation under this section. ‘‘(m) AUDITS.— ‘‘(1) INDEPENDENT AUDITS.—For the fiscal year in which the Foundation receives the grant awarded under subsection (e), and for the succeeding 5 fiscal years, the accounts of the Foundation shall be au- dited annually in accordance with generally accepted auditing standards by an independent certified public accountant or an independent licensed public ac- countant certified or licensed by a regulatory author- ity of a State or other political subdivision of the United States. The report of each such independent audit shall be included in the annual report required by subsection (n). ‘‘(2) AGENCY AUDITS.—For the fiscal year in which the Foundation receives the grant awarded under subsection (d), and for the succeeding 5 fiscal years, the financial transactions undertaken pursuant to this section by the Foundation may be audited by any agency designated by the President. ‘‘(n) ANNUAL REPORTS.— ‘‘(1) IN GENERAL.—Not later than 3 months after the conclusion of each fiscal year, the Foundation shall publish an annual report that includes a comprehen- sive and detailed report of the operations, activities, financial condition, and accomplishments of the Foundation under this subtitle during the fiscal year. ‘‘(2) TERMINATION.—The obligation of the Founda- tion to publish annual reports pursuant to this sub- section shall terminate after publication of the re- port incorporating the findings of the final audit in accordance with procedures required by subsection (l). ‘‘(o) PROHIBITION ON COMMERCIAL HARVEST.—Trees planted pursuant to a program receiving funds under this section may not be commercially harvested and sold for Christmas trees. ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated $25,000,000 to be granted by the Secretary of Agriculture to the Foundation. All funds appropriated under this section may remain available until expended. ‘‘SEC. 1265. RURAL TREE PLANTING AND FOREST MANAGEMENT PROGRAM. ‘‘The Secretary of Agriculture is authorized to estab- lish a rural tree planting and forest management pro- gram as a special component of the forest stewardship program and the stewardship incentive program estab- lished under sections 5 and 6 of the Cooperative For- estry Assistance Act of 1978 (16 U.S.C. 2102) [16 U.S.C. 2103a, former 16 U.S.C. 2103b] (as amended by subtitle A). Such program shall terminate on December 31, 2001. ‘‘SEC. 1266. COMMUNITY TREE PLANTING AND IM- PROVEMENT PROGRAM. ‘‘The Secretary of Agriculture is authorized to estab- lish a community tree planting and improvement pro- gram as a special component of the urban and commu- nity forestry assistance program established under sec- tion 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) (as amended by section 1219). Such program shall terminate on December 31, 2001.’’ TREE PLANTING INITIATIVE Pub. L. 99–198, title XII, § 1256, as added by Pub. L. 101–624, title XIV, § 1441(a), Nov. 28, 1990, 104 Stat. 3601, set forth policy relating to maintenance, afforestation, and reforestation of forest lands and provisions relating to implementation of policy and agreements with State Page 2145 TITLE 16—CONSERVATION § 2101 forestry agencies, prior to repeal by Pub. L. 104–127, title III, § 336(e), Apr. 4, 1996, 110 Stat. 1007. TRANSFER OF FOREST TREE NURSERY FACILITIES TO STATES Pub. L. 87–492, June 25, 1962, 76 Stat. 107, provided: ‘‘That the Congress recognizes that for many years the United States and certain States have cooperated in the production of tree planting stock for use in the re- forestation of the public and private lands of the Na- tion; that the program of production of tree planting stock which was initiated and pursued under the Soil Bank Act (7 U.S.C. 1801 et seq.) [repealed] was carried on under written agreements which provided for (a) co- operation between the Forest Service, on behalf of the United States, and the States which participated in the program, (b) payments to said States for costs and ex- penses incurred in the development of nursery facili- ties, (c) the holding of such funds by the States in trust for the purpose of carrying out the provisions of said agreements, and (d) restoration to the trust fund of an amount equal to the residual value of any supplies, ma- terials, equipment, or improvements acquired or con- structed with trust funds and transferred to State for- estry work other than the soil bank program; that such program under said Soil Bank Act has been discon- tinued, but the need for the trees continues to be great; that the States and Federal Government are cooper- ating in the procurement, production, and distribution of forest-tree seeds and plants under section 4 of the Clarke-McNary Act of June 7, 1924 (16 U.S.C. 567), and in the reforestation of lands under title IV of the Agri- cultural Act of 1956 (16 U.S.C. 568e and 568g); and that said participating States need the said supplies, mate- rials, equipment, or improvements for use in connec- tion with their respective forestry programs, and it is in the public interest to permit these States to use said property without the requirement that payment be made for the residual value thereof. ‘‘SEC. 2. For the purpose of assisting those States which participated in the program carried on under the Soil Bank Act [section 1801 et seq. of Title 7, Agri- culture] [repealed] in continuing the production of needed tree planting stock and in other forestry pro- grams, the Secretary of Agriculture is authorized to permit any supplies, materials, equipment, or improve- ments acquired or constructed with trust funds under the agreements referred to in section 1 to be used in such State forestry work as may further the objectives of related Federal programs, as he may approve, with- out the requirement that any payment be made by the State into the trust funds.’’ Executive Documents EX. ORD. NO. 13955. ESTABLISHING THE ONE TRILLION TREES INTERAGENCY COUNCIL Ex. Ord. No. 13955, Oct. 13, 2020, 85 F.R. 65643, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Purpose. As I declared in Executive Order 13855 of December 21, 2018 (Promoting Active Manage- ment of America’s Forests, Rangelands, and Other Fed- eral Lands To Improve Conditions and Reduce Wildfire Risk) [43 U.S.C. 1748b note], it is the policy of the United States to promote healthy and resilient forests, rangelands, and other Federal lands by actively man- aging them through partnerships with States, tribes, communities, non-profit organizations, and the private sector. Our Nation is home to hundreds of millions of acres of Federal, State, tribal, and private forests and wood- lands, which produce tremendous positive economic and environmental effects throughout our country. Recreational and educational visits to National Forests make substantial contributions to our Nation’s phys- ical and emotional health as well as to our gross do- mestic product, all while supporting thousands of full- and part-time jobs. Our Nation’s forests and woodlands provide valuable environmental benefits as well, in- cluding by serving as wildlife habitats and supporting air and water quality for all Americans. Forests and woodlands sequester atmospheric carbon, and according to the Forest Service, 180 million people in over 68,000 communities rely on our Nation’s forested watersheds to capture and filter their drinking water. These facts demonstrate how our Nation has taken advantage of the tremendous economic and environ- mental benefits associated with tree growth and for- estation. By advancing Federal policies conducive to these practices, under my leadership, the United States has promoted greater use of nature-based solutions to address global challenges. On January 21, 2020, I announced that to further pro- tect the environment, the United States would be join- ing the World Economic Forum’s One Trillion Trees initiative (Initiative), an ambitious global effort to grow and conserve one trillion trees worldwide by 2030. Following through on my commitment, and given the expansive footprint of our Federal forests and wood- lands, this order initiates the formation of the United States One Trillion Trees Interagency Council to fur- ther the Federal Government’s contribution to the global effort. SEC. 2. United States One Trillion Trees Interagency Council. There is hereby established a United States One Trillion Trees Interagency Council (Council). The Council shall be charged with developing, coordinating, and promoting Federal Government interactions with the Initiative with respect to tree growing, restoration, and conservation, and with coordinating with key stakeholders to help advance the Initiative. The Coun- cil shall remain independent from the Initiative. The Council shall be co-chaired by the Secretary of the Interior and the Secretary of Agriculture, or by their designees (Co-Chairs). The Assistant to the Presi- dent for Economic Policy and the Assistant to the President and Deputy Chief of Staff for Policy Coordi- nation, or their designees, shall serve as Vice Chairs. (a) Membership. In addition to the Co-Chairs and Vice Chairs, the Council shall consist of the following offi- cials or their designees: (i) the Secretary of State; (ii) the Secretary of the Treasury; (iii) the Secretary of Defense; (iv) the Secretary of Commerce; (v) the Secretary of Labor; (vi) the Secretary of Housing and Urban Develop- ment; (vii) the Secretary of Transportation; (viii) the Secretary of Energy; (ix) the Secretary of Education; (x) the Administrator of the Environmental Protec- tion Agency; (xi) the Director of the Office of Management and Budget; (xii) the Senior Advisor to the President; (xiii) the Advisor to the President and Director of the Office of Economic Initiatives and Entrepreneurship; (xiv) the Assistant to the President for Domestic Pol- icy; (xv) the Chairman of the Council on Environmental Quality; (xvi) the Director of the Office of Science and Tech- nology Policy; (xvii) the Administrator of the United States Agency for International Development; (xviii) the Assistant to the President and Director of Intergovernmental Affairs; (xix) the Assistant Secretary of the Army (Civil Works); and (xx) the heads of such other executive departments and Federal land management agencies (agencies) and offices as the President, Co-Chairs, or Vice Chairs may, from time to time, designate or invite, as appropriate. (b) Administration. The Co-Chairs, in consultation with the Vice Chairs, shall convene meetings of the 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.