16 U.S.C. § 2109 — General provisions

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; Page 2167 TITLE 16—CONSERVATION § 2109 1 See References in Text note below. (2) encourage cooperation and coordination between State foresters or equivalent State of- ficials and other State agencies that manage renewable natural resources; (3) use and encourage cooperators under this chapter to use, private agencies, consultants, organizations, firms, and individuals to fur- nish necessary materials and services; and (4) promote effectiveness and economy by coordinating the direct actions and assistance authorized under this chapter with related programs the Secretary administers, and with cooperative programs of other agencies. (b) Availability of appropriations Money appropriated under this chapter shall remain available until expended. (c) Consultation requirements for implementa- tion of programs, etc. Requirements for the development of State forest resources programs and State participa- tion in management assistance, planning assist- ance, and technology implementation, the ap- portionment of funds among States partici- pating under this chapter, the administrative expenses in connection with activities and pro- grams under this chapter, and the amounts to be expended by the Secretary to assist non-State cooperators under this chapter, shall be deter- mined by the Secretary in consultation with a committee of not less than five State foresters or equivalent State officials selected by a ma- jority of the State foresters or equivalent State officials from States participating in programs under this chapter. However, the Secretary need not consult with such committee regarding funds to be expended under emergency condi- tions that the Secretary may determine. (d) Definitions For the purposes of this chapter— (1) The terms ‘‘United States’’ and ‘‘State’’ shall include each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, the Federated States of Mi- cronesia, the Republic of the Marshall Islands, the Republic of Palau, and the territories and possessions of the United States; (2) The term ‘‘forest resources’’ shall include esthetics, fish and wildlife, forage, outdoor recreation opportunities, timber, and water; and (3) The term ‘‘urban forestry’’ means the planning, establishment, protection, and man- agement of trees and associated plants, indi- vidually, in small groups, or under forest con- ditions within cities, their suburbs, and towns. (e) Rules and regulations The Secretary may prescribe rules and regula- tions, as the Secretary deems appropriate, to implement the provisions of this chapter. (f) Granting, etc., authorities The Secretary is authorized to make grants, agreements, contracts, and other arrangements the Secretary deems necessary to implement this chapter. (g) Construction of statutory provisions This chapter shall be construed as supplementing all other laws relating to the De- partment of Agriculture and shall not be con- strued as limiting or repealing any existing law or authority of the Secretary, except as specifi- cally cited in section 2111 of this title. (h) Additional assistance In addition to the authority provided else- where in this chapter, the Secretary may pro- vide assistance to other countries with respect to the activities described in paragraphs (1) through (10) of section 2102(b) of this title, para- graphs (1) through (5) of section 2104(b) 1 of this title, and paragraphs (1) through (3) of section 2105(b) of this title. For the purposes of pro- viding assistance to other countries under this subsection, the term ‘‘non-Federal forest land’’ shall mean any forest land and related renew- able natural resources in such countries. In pro- viding the assistance authorized under this sub- section, the Secretary shall coordinate with other Federal officials, departments, agencies, or international organizations, as the President may direct. The references to ‘‘State foresters or equivalent State officials’’ in this chapter shall not apply to the assistance provided by the Secretary to other countries under this sub- section. (Pub. L. 95–313, § 13, formerly § 10, July 1, 1978, 92 Stat. 373; Pub. L. 101–513, title VI, § 611(b)(3), for- merly § 607(b)(3), Nov. 5, 1990, 104 Stat. 2072, re- numbered § 611(b)(3), Pub. L. 102–574, § 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; renumbered § 13 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1224(3), Nov. 28, 1990, 104 Stat. 3525, 3542; Pub. L. 110–234, title VIII, § 8004, May 22, 2008, 122 Stat. 1284; Pub. L. 110–246, § 4(a), title VIII, § 8004, June 18, 2008, 122 Stat. 1664, 2045.) Editorial Notes REFERENCES IN TEXT Section 2104(b) of this title, referred to in subsec. (h), was in the original a reference to section 7(b), meaning section 7(b) of Pub. L. 95–313, which has been translated as reading section 8(b) of Pub. L. 95–313 as the probable intent of Congress. Section 7(b) of Pub. L. 95–313, which is classified to section 2103c of this title, does not con- tain pars. (1) to (5). 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. PRIOR PROVISIONS A prior section 13 of Pub. L. 95–313 was renumbered section 16 and is classified to section 2111 of this title. AMENDMENTS 2008—Subsec. (d)(1). Pub. L. 110–246, § 8004, substituted ‘‘the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau,’’ for ‘‘the Trust Territory of the Pacific Islands,’’. 1990—Subsec. (g). Pub. L. 101–624, § 1224(3), made tech- nical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act. Subsec. (h). Pub. L. 101–513, which directed amend- ment of section 12 of Pub. L. 95–313 by adding a new subsec. (h), was executed to this section to reflect the probable intent of Congress. Page 2168 TITLE 16—CONSERVATION § 2109a 1 So in original. See section 2113a of this title. 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. § 2109a. State and private forest landscape-scale restoration program (a) Purpose The purpose of this section is to encourage collaborative, science-based restoration of pri- ority forest landscapes. (b) Definitions In this section: (1) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of title 25. (2) Nonindustrial private forest land The term ‘‘nonindustrial private forest land’’ means land that— (A) is rural, as determined by the Sec- retary; (B) has existing tree cover or is suitable for growing trees; and (C) is owned by any private individual, group, association, corporation, Indian tribe, or other private legal entity. (3) State forest land The term ‘‘State forest land’’ means land that— (A) is rural, as determined by the Sec- retary; and (B) is under State or local governmental ownership and considered to be non-Federal forest land. (c) Establishment The Secretary, in consultation with State for- esters or appropriate State agencies, shall estab- lish a competitive grant program to provide fi- nancial and technical assistance to encourage collaborative, science-based restoration of pri- ority forest landscapes. (d) Eligibility To be eligible to receive a grant under this section, an applicant shall submit to the Sec- retary, through the State forester or appro- priate State agency, a State and private forest landscape-scale restoration proposal based on a restoration strategy that— (1) is complete or substantially complete; (2) is for a multiyear period; (3) covers nonindustrial private forest land or State forest land; (4) is accessible by wood-processing infra- structure; and (5) is based on the best available science. (e) Plan criteria A State and private forest landscape-scale res- toration proposal submitted under this section shall include plans— (1) to reduce the risk of uncharacteristic wildfires; (2) to improve fish and wildlife habitats, in- cluding the habitats of threatened and endan- gered species; (3) to maintain or improve water quality and watershed function; (4) to mitigate invasive species, insect infes- tation, and disease; (5) to improve important forest ecosystems; (6) to measure ecological and economic bene- fits, including air quality and soil quality and productivity; and (7) to take other relevant actions, as deter- mined by the Secretary. (f) Priorities In making grants under this section, the Sec- retary shall give priority to plans that— (1) further a statewide forest assessment and resource strategy; (2) promote cross boundary landscape col- laboration; and (3) leverage public and private resources. (g) Collaboration and consultation The Chief of the Forest Service, the Chief of the Natural Resources Conservation Service, and relevant stakeholders shall collaborate and consult on an ongoing basis regarding— (1) administration of the program estab- lished under this section; and (2) identification of other applicable re- sources for landscape-scale restoration. (h) Matching funds required As a condition of receiving a grant under this section, the Secretary shall require the recipi- ent of the grant to provide funds or in-kind sup- port from non-Federal sources in an amount that is at least equal to the amount of Federal funds. (i) Coordination and proximity encouraged In making grants under this section, the Sec- retary may consider coordination with and prox- imity to other landscape-scale projects on other land under the jurisdiction of the Secretary, the Secretary of the Interior, or a Governor of a State, including under— (1) the Collaborative Forest Landscape Res- toration Program established under section 7303 of this title; (2) landscape areas designated for insect and disease treatments under section 6591a of this title; (3) good neighbor authority under section 2113 1 of this title; (4) stewardship end result contracting projects authorized under section 6591c of this title; (5) appropriate State-level programs; and (6) other relevant programs, as determined by the Secretary. (j) Regulations The Secretary shall promulgate such regula- tions as the Secretary determines necessary to carry out this section. (k) Report Not later than 3 years after December 20, 2018, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on—