16 U.S.C. § 2107 — Financial, technical, and related assist-

Page 2165 TITLE 16—CONSERVATION § 2107 (A) fuel hazard mitigation and prevention; (B) invasive species management; (C) multiresource wildfire planning; (D) community protection planning; (E) community and landowner education enterprises, including the program known as FIREWISE; (F) market development and expansion; (G) improved wood utilization; and (H) special restoration projects. (4) Consent required Program activities undertaken by the Sec- retary on non-Federal lands shall be under- taken only with the consent of the owner of the lands. (5) Considerations The Secretary shall use persons in the local community wherever possible to carry out projects under the Program. (c) Consultation In carrying out this section, the Secretary shall consult with the Administrator of the United States Fire Administration, the Director of the National Institute of Standards and Tech- nology, and the heads of other Federal agencies, as necessary. (d) Authorization of appropriations There are hereby authorized to be appro- priated to the Secretary to carry out this sec- tion— (1) $35,000,000 for each of fiscal years 2002 through 2007; and (2) such sums as are necessary for fiscal years thereafter. (Pub. L. 95–313, § 10A, as added Pub. L. 107–171, title VIII, § 8003(b), May 13, 2002, 116 Stat. 473.) Statutory Notes and Related Subsidiaries FINDINGS FOR ENHANCED COMMUNITY FIRE PROTECTION Pub. L. 107–171, title VIII, § 8003(a), May 13, 2002, 116 Stat. 473, provided that: ‘‘Congress finds the following: ‘‘(1) The severity and intensity of wildland fires has increased dramatically over the past few decades as a result of past fire and land management policies. ‘‘(2) The record 2000 fire season is a prime example of what can be expected if action is not taken. ‘‘(3) Wildland fires threaten not only the forested resources of the United States, but also the thou- sands of communities intermingled with the wildlands in the wildland-urban interface. ‘‘(4) The National Fire Plan, if implemented to achieve appropriate priorities, is the proper, coordi- nated, and most effective means to address the issue of wildfires. ‘‘(5) While adequate authorities exist to tackle the wildfire issues at the landscape level on Federal lands, there is limited authority to take action on most private lands, and the largest threat to life and property exists on private lands. ‘‘(6) There is a significant Federal interest in en- hancing community protection from wildfire.’’ § 2107. Financial, technical, and related assist- ance to States (a) Development of State organizations for pro- tection and management of non-Federal for- est lands; scope of assistance; request by offi- cials To aid in achieving maximum effectiveness in the programs and activities conducted under this chapter, the Secretary is authorized to pro- vide financial, technical, and related assistance to State foresters or equivalent State officials for the development of stronger and more effi- cient State organizations that will enable them to fulfill better their responsibilities for the pro- tection and management of non-Federal forest lands. Assistance under this subsection may in- clude, but will not be limited to, assistance in matters related to organization management, program planning and management, budget and fiscal accounting services, personnel training and management, information services, and rec- ordkeeping. Assistance under this subsection may be extended only upon request by State for- esters or equivalent State officials. (b) Assembly, analysis, display, and reporting of State forest resources data, resources plan- ning, etc.; scope of assistance; other statutory provisions unaffected To ensure that data regarding forest lands are available for and effectively presented in State and Federal natural resources planning, the Sec- retary is authorized to provide financial, tech- nical, and related assistance to State foresters or equivalent State officials in the assembly, analysis, display, and reporting of State forest resources data, in the training of State forest resources planners, and in participating in nat- ural resources planning at the State and Federal levels. The Secretary shall restrict assistance under this subsection to the implementation of the forestry aspects of State and Federal nat- ural resources planning conducted under other laws. This subsection shall not be construed, in any way whatsoever, as extending, limiting, amending, repealing, or otherwise affecting any other law or authority. (c) Technology implementation program; scope of program; availability of funds; use of for- est resources planning committees To ensure that new technology is introduced, new information is integrated into existing technology, and forest resources research find- ings are promptly made available to State for- estry personnel, private forest landowners and managers, vendors, forest operators, wood proc- essors, public agencies, and individuals, the Sec- retary is authorized to carry out a program of technology implementation. (1) In implementing this subsection, the Sec- retary is authorized to work through State foresters or equivalent State officials, and, if the State forester or equivalent State official is unable to deliver these services, the Sec- retary is authorized to act through appro- priate United States Department of Agri- culture agencies, subdivisions of States, agen- cies, institutions, organizations, or individuals to— (A) strengthen technical assistance and service programs of cooperators partici- pating in programs under this chapter by ap- plying research results and conducting pilot projects and field tests of management and utilization practices, equipment, and tech- nologies, related to programs and activities authorized under this chapter; (B) study the effects of tax laws, methods, and practices on forest management; 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 activities au- thorized under this chapter, the Secretary may, upon the request of any State, consolidate the annual financial assistance payments to that State under this chapter, in lieu of functional cost sharing mechanisms, formulas, or agree- ments. However, consolidated payments shall not include money appropriated under section 2103 1 of this title or money from any special Treasury fund established under this chapter. (b) State forest resources programs as basis Consolidation of payments made under this section shall be based upon State forest re- sources programs developed by State foresters or equivalent State officials, and reviewed by the Secretary. (c) Amount of payments Consolidated payments to any State during any fiscal year shall not exceed the total amount of non-Federal funds expended within the State during that year to implement its State forest resources program. However, the Secretary may make payments that exceed the non-Federal amount expended for selected ac- tivities under the program, if the total Federal expenditure during any fiscal year does not ex- ceed the total non-Federal expenditure during that year under the State forest resources pro- gram. (d) Certification requirement by State forester or equivalent State official for Federal payment The Secretary may make consolidated pay- ments on the certificate of the State forester or equivalent State official that the conditions for Federal payment have been met. (e) Administration of consolidated payments pro- gram not to adversely affect, etc., other pro- grams The Secretary shall administer this section to ensure that the use of consolidated payments does not adversely affect or eliminate any pro- gram authorized under this chapter. (f) Total annual amount of financial assistance to participating State; financial assistance for special projects not to be included in deter- mining base amount Subject to applicable appropriation Acts, the total annual amount of financial assistance to any participating State after July 1, 1978, shall not be less than the base amount of financial as- sistance provided to that State under all the provisions of law specified in section 2111 of this title during the fiscal year in which this chapter is enacted. However, financial assistance for spe- cial projects of two years or less duration shall not be included in determining the base amount for any participating State. (Pub. L. 95–313, § 12, formerly § 9, July 1, 1978, 92 Stat. 372; renumbered § 12 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1224(2), Nov. 28, 1990, 104 Stat. 3525, 3542.) Editorial Notes REFERENCES IN TEXT Section 2103 of this title, referred to in subsec. (a), was repealed and a new section 2103 enacted by Pub. L. 107–171, title VIII, §§ 8001(a), 8002(b), May 13, 2002, 116 Stat. 468. Section 2103, as enacted by Pub. L. 107–171, was subsequently repealed by Pub. L. 113–79, title VIII, § 8001(a), Feb. 7, 2014, 128 Stat. 913. PRIOR PROVISIONS A prior section 12 of Pub. L. 95–313, which amended section 1606 of this title and enacted provisions set out as a note under that section, was renumbered section 15. AMENDMENTS 1990—Subsec. (f). Pub. L. 101–624, § 1224(2), made tech- nical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act. § 2109. General provisions (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;