Browse Arkansas Code titles and sections
16 U.S.C. § 2104a — Pest and Disease Revolving Loan Fund
Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: cc35a5449ec6fc3075add55f2bfd25fbe0bd6a8d22f0d156bdadd073fbf2f330. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
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
Pages: Not recorded – Not recorded
Passage SHA-256: eca7406197da47e36d2cb1a9e102875ca12881e3c7e6dc3dbb5a0881314525a9
Source location: USCODE-2024-title16-chap41-sec2104a.pdf
Stored source content
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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
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
Stored review status: historical_2024_not_currentness_verified. 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
**(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
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 6516. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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.