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16 U.S.C. § 2104a — Pest and Disease Revolving Loan Fund

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2104a — Pest and Disease Revolving Loan Fund

Page 2156 TITLE 16—CONSERVATION § 2104a ‘‘(1) IN GENERAL.—Not later than February 28 of each year during the term of the pilot project, the Secretary shall submit to Congress a report on the status of the pilot project. The report shall include at least the following: ‘‘(A) A complete accounting of the use of funds made available under subsection (f)(1)(A) until such funds are fully expended. ‘‘(B) A complete accounting of the use of funds and accounts made available under subsection (f)(1) for the previous fiscal year, including a schedule of the amounts drawn from each account used to per- form resource management activities described in subsection (d). ‘‘(C) A description of total acres treated for each of the resource management activities required under subsection (d), forest health improvements, fire risk reductions, water yield increases, and other natural resources-related benefits achieved by the implementation of the resource management activities described in subsection (d). ‘‘(D) A description of the economic benefits to local communities achieved by the implementation of the pilot project. ‘‘(E) A comparison of the revenues generated by, and costs incurred in, the implementation of the re- source management activities described in sub- section (d) on the Federal lands included in the pilot project area with the revenues and costs dur- ing each of the fiscal years 1992 through 1997 for timber management of such lands before their in- clusion in the pilot project. ‘‘(F) A proposed schedule for the resource man- agement activities to be undertaken in the pilot project area during the 1-year period beginning on the date of submittal of the report. ‘‘(G) A description of any adverse environmental impacts from the pilot project. ‘

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2104a

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Stable record: federal_law:legal_authorities:usc2024-a9085c46c59c4fb7ac67f89a
Source file: Laws/federal/codes/united-states-code-2024/title-16/section-2104a-pest-and-disease-revolving-loan-fund--cd281cbb2e.md
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Source location: USCODE-2024-title16-chap41-sec2104a.pdf

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Page 2156 TITLE 16—CONSERVATION § 2104a ‘‘(1) IN GENERAL.—Not later than February 28 of each year during the term of the pilot project, the Secretary shall submit to Congress a report on the status of the pilot project. The report shall include at least the following: ‘‘(A) A complete accounting of the use of funds made available under subsection (f)(1)(A) until such funds are fully expended. ‘‘(B) A complete accounting of the use of funds and accounts made available under subsection (f)(1) for the previous fiscal year, including a schedule of the amounts drawn from each account used to per- form resource management activities described in subsection (d). ‘‘(C) A description of total acres treated for each of the resource management activities required under subsection (d), forest health improvements, fire risk reductions, water yield increases, and other natural resources-related benefits achieved by the implementation of the resource management activities described in subsection (d). ‘‘(D) A description of the economic benefits to local communities achieved by the implementation of the pilot project. ‘‘(E) A comparison of the revenues generated by, and costs incurred in, the implementation of the re- source management activities described in sub- section (d) on the Federal lands included in the pilot project area with the revenues and costs dur- ing each of the fiscal years 1992 through 1997 for timber management of such lands before their in- clusion in the pilot project. ‘‘(F) A proposed schedule for the resource man- agement activities to be undertaken in the pilot project area during the 1-year period beginning on the date of submittal of the report. ‘‘(G) A description of any adverse environmental impacts from the pilot project. ‘‘(2) LIMITATION ON EXPENDITURES.—The amount of Federal funds expended on each annual report under this subsection shall not exceed $125,000. ‘‘(k) FINAL REPORT.— ‘‘(1) IN GENERAL.—The Secretary shall establish an independent scientific panel to review and report on whether, and to what extent, implementation of the pilot project under this section achieved the goals stated in the Quincy Library Group-Community Sta- bility Proposal, including improved ecological health and community stability. The membership of the panel shall reflect expertise in diverse disciplines in order to adequately address all of those goals. ‘‘(2) PREPARATION.—The panel shall initiate such re- view no sooner than 18 months after the first day of the term of the pilot project under subsection (g). The panel shall prepare the report in consultation with interested members of the public, including the Quincy Library Group. The report shall include, but not be limited to, the following: ‘‘(A) A description of any adverse environmental impacts resulting from implementation of the pilot project. ‘‘(B) An assessment of watershed monitoring data on lands treated pursuant to this section. Such as- sessment shall address the following issues on a pri- ority basis: timing of water releases; water quality changes; and water yield changes over the short- and long-term in the pilot project area. ‘‘(3) SUBMISSION TO THE CONGRESS.—The panel shall submit the final report to the Congress as soon as practicable, but in no case later than 18 months after completion of the pilot project. ‘‘(4) LIMITATION ON EXPENDITURES.—The amount of Federal funds expended for the report under this sub- section, other than for watershed monitoring, shall not exceed $350,000. The amount of Federal funds ex- pended for watershed monitoring under this sub- section shall not exceed $175,000 for each fiscal year in which the report is prepared. ‘‘(l) RELATIONSHIP TO OTHER LAWS.—Nothing in this section exempts the pilot project from any Federal en- vironmental law. ‘‘(m) Section 106 of Public Law 108–148 [16 U.S.C. 6516] shall apply to all projects authorized by this Act [prob- ably should be this section]. Sections 104 and 105 of Public Law 108–148 [16 U.S.C. 6514, 6515] may be applied to projects authorized by this Act. ‘‘SEC. 402. SHORT TITLE. Section 401 of this title may be cited as the ‘Herger-Feinstein Quincy Library Group Forest Recovery Act’.’’ [Pub. L. 108–7, div. F, title III, § 338, Feb. 20, 2003, 117 Stat. 278, provided that: ‘‘Congress reaffirms its origi- nal intent that the Herger-Feinstein Quincy Library Group Forest Recovery Act of 1998 [Pub. L. 105–277, div. A, § 101(e) [title IV, § 401], set out above] be imple- mented, and hereby extends the expiration of the Quin- cy Library Group Act by 5 years.’’] § 2104a. Pest and Disease Revolving Loan Fund (a) Definitions In this section: (1) Authorized equipment (A) In general The term ‘‘authorized equipment’’ means any equipment necessary for the manage- ment of forest land. (B) Inclusions The term ‘‘authorized equipment’’ in- cludes— (i) cherry pickers; (ii) equipment necessary for— (I) the construction of staging and marshalling areas; (II) the planting of trees; and (III) the surveying of forest land; (iii) vehicles capable of transporting har- vested trees; (iv) wood chippers; and (v) any other appropriate equipment, as determined by the Secretary. (2) Fund The term ‘‘Fund’’ means the Pest and Dis- ease Revolving Loan Fund established by sub- section (b). (3) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Deputy Chief of the State and Private Forestry orga- nization. (b) Establishment of Fund There is established in the Treasury of the United States a revolving fund, to be known as the ‘‘Pest and Disease Revolving Loan Fund’’, consisting of such amounts as are appropriated to the Fund under subsection (f). (c) Expenditures from Fund (1) In general Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are nec- essary to provide loans under subsection (e). (2) Administrative expenses An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative ex- penses necessary to carry out this section. (d) Transfers of amounts (1) In general The amounts required to be transferred to the Fund under this section shall be trans- 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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2104a — Pest and Disease Revolving Loan Fund

**(a) Definitions** In this section: (1) **Authorized equipment** (A) *In general* — The term “authorized equipment” means any equipment necessary for the management of forest land. (B) *Inclusions* — The term “authorized equipment” includes— (i) cherry pickers; (ii) equipment necessary for— (I) the construction of staging and marshalling areas; (II) the planting of trees; and (III) the surveying of forest land; (iii) vehicles capable of transporting harvested trees; (iv) wood chippers; and (v) any other appropriate equipment, as determined by the Secretary. (2) **Fund** — The term “Fund” means the Pest and Disease Revolving Loan Fund established by subsection (b). (3) **Secretary** — The term “Secretary” means the Secretary of Agriculture, acting through the Deputy Chief of the State and Private Forestry organization. **(b) Establishment of Fund** There is established in the Treasury of the United States a revolving fund, to be known as the “Pest and Disease Revolving Loan Fund”, consisting of such amounts as are appropriated to the Fund under subsection (f). **(c) Expenditures from Fund** (1) **In general** — Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under subsection (e). (2) **Administrative expenses** — An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section. **(d) Transfers of amounts** (1) **In general** — The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fu

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2104a

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6514 — Authorized hazardous fuel reduction projects

**(a) Authorized projects** As soon as practicable after December 3, 2003, the Secretary shall implement authorized hazardous fuel reduction projects, consistent with the Implementation Plan, on— (1) Federal land in wildland-urban interface areas; (2) condition class 3 Federal land, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event; (3) condition class 2 Federal land located within fire regime I, fire regime II, or fire regime III, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event; (4) Federal land on which windthrow or blowdown, ice storm damage, the existence of an epidemic of disease or insects, or the presence of such an epidemic on immediately adjacent land and the imminent risk it will spread, poses a significant threat to an ecosystem component, or forest or rangeland resource, on the Federal land or adjacent non-Federal land; and (5) Federal land not covered by paragraphs (1) through (4) that contains threatened and endangered species habitat, if— (A) natural fire regimes on that land are identified as being important for, or wildfire is identified as a threat to, an endangered species, a threatened species

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6514

Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 6514. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6514 — Environmental analysis

Page 2605 TITLE 16—CONSERVATION § 6514 (4) Cooperation In carrying out a hazardous fuel reduction project using a grant under paragraph (2) on non-Federal land, the State forester, in con- sultation with the Secretary— (A) shall consult with any applicable own- ers of the non-Federal land; and (B) shall not implement the hazardous fuel reduction project on non-Federal land with- out the consent of the owner of the non-Fed- eral land. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2019 through 2023. (Pub. L. 108–148, title I, § 103, Dec. 3, 2003, 117 Stat. 1896; Pub. L. 115–334, title VIII, § 8401, Dec. 20, 2018, 132 Stat. 4840; Pub. L. 117–286, § 4(a)(130), Dec. 27, 2022, 136 Stat. 4319.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2022—Subsec. (b)(2). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Com- mittee Act (5 U.S.C. App.)’’. 2018—Subsec. (e). Pub. L. 115–334 added subsec. (e). § 6514. Environmental analysis (a) Authorized hazardous fuel reduction projects Except as otherwise provided in this sub- chapter, the Secretary shall conduct authorized hazardous fuel reduction projects in accordance with— (1) the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]; and (2) other applicable laws. (b) Environmental assessment or environmental impact

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 6514

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6516 — Environmental analysis

**(a) Authorized hazardous fuel reduction projects** Except as otherwise provided in this subchapter, the Secretary shall conduct authorized hazardous fuel reduction projects in accordance with— (1) the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.]; and (2) other applicable laws. **(b) Environmental assessment or environmental impact statement** The Secretary shall prepare an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 ([42 U.S.C. 4332(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2&num=0&edition=prelim)) for each authorized hazardous fuel reduction project. **(c) Consideration of alternatives** (1) **In general** — Except as provided in subsection (d), in the environmental assessment or environmental impact statement prepared under subsection (b), the Secretary shall study, develop, and describe— (A) the proposed agency action; (B) the alternative of no action; and (C) an additional action alternative, if the additional alternative— (i) is proposed during scoping or the collaborative process under subsection (f); and (ii) meets the purpose and need of the project, in accordance with regulations promulgated by the Council on Environmental Quality. (2) **Multiple additional alternatives** — If more than 1 additional alternative is proposed under paragraph (1)(C), the Secretary shall— (A) select which additional alternative to consider, which is a choice that is in the sole discretion of the Secretary; and (B) provide a written record describing the reasons for the selection. **(d) Alte

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6516

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6516 — Judicial review in United States district

Page 2607 TITLE 16—CONSERVATION § 6518 Pub. L. 112–74, div. E, title IV, § 428, Dec. 23, 2011, 125 Stat. 1046, provided that: ‘‘Hereafter, upon issuance of final regulations, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall apply section 105(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515(a)), providing for a pre-decisional objection process, to proposed actions of the Forest Service concerning projects and activities imple- menting land and resource management plans devel- oped under the Forest and Rangeland Renewable Re- sources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and documented with a Record of Decision or Decision No- tice, in lieu of subsections (c), (d), and (e) of section 322 of Public Law 102–381 ([former] 16 U.S.C. 1612 note), pro- viding for an administrative appeal process: Provided, That if the Chief of the Forest Service determines an emergency situation exists for which immediate imple- mentation of a proposed action is necessary, the pro- posed action shall not be subject to the pre-decisional objection process, and implementation shall begin im- mediately after the Forest Service gives notice of the final decision for the proposed action: Provided further, That this section shall not apply to an authorized haz- ardous fuel reduction project under title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) [probably should be 16 U.S.C. 6511 et seq.].’’ § 6516. Judicial review in United States district courts (a) Venue Notwithstanding section 1391 of title 28 or other applicable law, an authorized hazardous fuels reduction project conducted under this subchapter shall be subject to judicial review only in the United States district court for a distri

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 6516

Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 6516. This identifies an authority to review, not proof of applicability.