E TITLE 16-CONSERVATION 8 2109 (d) Authorization of appropriations There are hereby authorized to be appropri- (Pub. L. 95-313, § 11, formerly § 8, July 1, 1978, 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 authorized 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 agreements. However, consolidated payments shall not include money appropriated under section 2103 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 resources 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 activities under the program, if the total Federal expenditure during any fiscal year does not exceed the total non-Federal expenditure during that year under the State forest resources program. (d) Certification requirement by State forester or equivalent State official for Federal payment The Secretary may make consolidated payments 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 program not to adversely affect, etc., other programs The Secretary shall administer this section to ensure that the use of consolidated payments does not adversely affect or eliminate any program authorized under this chapter. (f) Total annual amount of financial assistance to participating State; financial assistance for special projects not to be included in determining 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 assistance 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 special 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.) 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 technical 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; (2) encourage cooperation and coordination between State foresters or equivalent State officials 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 furnish 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 implementation of programs, etc. Requirements for the development of State forest resources programs and State participation in management assistance, planning assistance, and technology implementation, the apportionment of funds among States participating under this chapter, the administrative expenses in connection with activities and programs under this chapter, and the amounts to be expended by the Secretary to assist nonState cooperators under this chapter, shall be determined by the Secretary in consultation 85-008-95 - 21: QL3 with a committee of not less than five State foresters or equivalent State officials selected by a majority 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 conditions 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 Trust Territory of the Pacific Islands, 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 management of trees and associated plants, individually, in small groups, or under forest conditions within cities, their suburbs, and towns. (e) Rules and regulations The Secretary may prescribe rules and regulations, 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 Department of Agriculture and shall not be construed as limiting or repealing any existing law or authority of the Secretary, except as specifically cited in section 2111 of this title. (h) Additional assistance 1 In addition to the authority provided elsewhere in this chapter, the Secretary may provide assistance to other countries with respect to the activities described in paragraphs (1) through (10) of section 2102(b) of this title, paragraphs (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 providing assistance to other countries under this subsection, the term "non-Federal forest land" shall mean any forest land and related renewable natural resources in such countries. In providing the assistance authorized under this subsection, 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 subsection. 1 See References in Text note below. (Pub. L. 95-313, § 13, formerly § 10, July 1, 1978, 92 Stat. 373; Pub. L. 101-513, title VI, § 611(b)(3), formerly § 607(b)(3), Nov. 5, 1990, 104 Stat. 2072, renumbered § 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.) 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 contain pars. (1) to (5). 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 1990-Subsec. (g). Pub. L. 101-624, § 1224(3), made technical 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 amendment 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. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2103 of this title. § 2110. Statement of limitation This chapter shall not authorize the Federal Government to regulate the use of private land or to deprive owners of land of their rights to property or to income from the sale of property, unless such property rights are voluntarily conveyed or limited by contract or other agreement. This chapter does not diminish in any way the rights and responsibilities of the States and political subdivisions of States. (Pub. L. 95-313, § 14, formerly § 11, July 1, 1978, 92 Stat. 374; renumbered § 14 and amended Pub. L. 101-624, title XII, §§ 1215(1), 1221, Nov. 28, 1990, 104 Stat. 3525, 3540.) PRIOR PROVISIONS A prior section 14 of Pub. L. 95-313 was renumbered section 17 and is set out as a note under section 2101 of this title. AMENDMENTS 1990-Pub. L. 101-624, § 1221, amended section generally. Prior to amendment, section read as follows: "This chapter does not authorize the Federal Government to regulate the use of private land or to deprive owners of land of their rights to property or to income from the sale of property, and this chapter does not diminish in any way the rights and responsibilities of the States and political subdivisions of States." § 2111. Other Federal programs TITLE 16-CONSERVATION The following laws, and portions of laws, are hereby repealed: (1) sections 1, 2, 3, and 4 of the Act of June 7, 1924, known as the Clarke-McNary Act (43 Stat. 653-654, as amended; 16 U.S.C. 564, 565, 566, 567); (2) the Act of April 26, 1940, known as the White Pine Blister Rust Protection Act (54 Stat. 168; 16 U.S.C. 594a); (3) the Forest Pest Control Act; (4) the Cooperative Forest Management Act; (5) section 401 of the Agricultural Act of 1956 [16 U.S.C. 568e]; (6) title IV of the Rural Development Act of 1972 [7 U.S.C. 2651 et seq.]; and (7) section 1009 and the proviso to section 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 [16 U.S.C. 1509, 1510 proviso]. (b) Force and effect of contracts and cooperative and other agreements under cooperative forestry programs executed under authority of repealed statutes Contracts and cooperative and other agreements under cooperative forestry programs executed under authority of the Acts, or portions thereof, repealed under subsection (a) of this section shall remain in effect until revoked or amended by their own terms or under other provisions of law. (c) Availability of funds appropriated under authority of repealed statutes for cooperative forestry assistance programs Funds appropriated under the authority of the Acts, or portions thereof, repealed under subsection (a) of this section shall be available for expenditure for the programs authorized under this chapter. (Pub. L. 95-313, § 16, formerly § 13, July 1, 1978, 92 Stat. 374; renumbered § 16, Pub. L. 101-624, title XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525.) REFERENCES IN TEXT Act of April 26, 1940, known as the White Pine Blister Rust Protection Act (54 Stat. 168; 16 U.S.C. 594a), referred to in subsec. (a)(2), is act Apr. 26, 1940, ch. 159, 54 Stat. 168, which enacted section 594a of this title. The Forest Pest Control Act, referred to in subsec. (a)(3), is act June 25, 1947, ch. 141, 61 Stat. 177, as amended, which enacted sections 594-1 to 594-5 of this title and enacted provisions set out as notes under section 594-1 of this title. For complete classification of this Act to the Code, see Tables. The Cooperative Forest Management Act, referred to in subsec. (a)(4), is act Aug. 25, 1950, ch. 781, 64 Stat. 473, as amended, which enacted sections 568c and 568d of this title, repealed section 568b of this title, and enacted a provision set out as a note under section 568c of this title. For complete classification of this Act to the Code, see Tables. The Rural Development Act of 1972, referred to in subsec. (a)(6), is Pub. L. 92-419, Aug. 30, 1972, 86 Stat. 657, as amended. Title IV of the Rural Development Act of 1972 was classified generally to subchapter I (§ 2651 et seq.) of chapter 59 of Title 7, Agriculture. For complete classification of this Act to the Code, see § 2112 (1) Findings Congress finds that (A) the health and vitality of the domestic forest products industry is important to the well-being of the economy of the United States; (B) the domestic forest products industry has a significant potential for expansion in both domestic and foreign markets; (C) many small-sized to medium-sized forest products firms lack the tools that would enable them to meet the increasing challenge of foreign competition in domestic and foreign markets; and (D) a new cooperative forest products marketing program will improve the competitiveness of the United States forest products industry. (2) Purposes The purposes of this section are to (A) provide direct technical assistance to the United States forest products industry to improve marketing activities; (B) provide cost-share grants to States to support State and regional forest products marketing programs; and (C) target assistance to small-sized and medium-sized producers of solid wood and processed wood products, including pulp. (b) Program authority (1) In general The Secretary shall establish a cooperative national forest products marketing program under this chapter that provides (A) technical assistance to States, landowners, and small-sized to medium-sized forest products firms on ways to improve domestic and foreign markets for forest products; and (B) grants of financial assistance with matching requirements to the States to assist in State and regional forest products marketing efforts targeted to aid smallsized to medium-sized forest products firms and private, nonindustrial forest landown ers. (2) Interstate cooperative agreements Grant agreements shall encourage the establishment of interstate cooperative agreements by the States for the purpose of promoting the development of domestic and foreign markets for forest products. (c) Limitations (1) Cooperation with other Federal agencies In carrying out this section, the Secretary shall cooperate with Federal departments and agencies to avoid the duplication of efforts and to increase program efficiency. (2) Domestic program The program authorized under this section shall be carried out within the United States and not be extended to Department of Agriculture activities in foreign countries. (d) Authorization for appropriations There are authorized to be appropriated $5,000,000 for each of the fiscal years 1988 through 1991, to carry out this section. (e) Program report The Secretary shall report to Congress annually on the activities taken under the marketing program established under this section. A final report including recommendations for program changes and the need and desirability of the reauthorization of this authority, and required levels of funding, shall be submitted to Congress not later than September 30, 1990. (Pub. L. 95-313, § 18, formerly § 15, as added Pub. L. 100-418, title IV, § 4403, Aug. 23, 1988, 102 Stat. 1400; renumbered § 18, Pub. L. 101-624, title XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525.) INTERNATIONAL FOREST PRODUCTS TRADE INSTITUTE Section 1247 of Pub. L. 101-624, as amended by Pub. L. 102-237, title X, § 1018(c), Dec. 13, 1991, 105 Stat. 1905, provided that: "(a) ESTABLISHMENT.-The Secretary of Agriculture may establish an International Forest Products Trade Institute (hereafter in this section referred to as the 'Institute'). "(b) MISSION.-The mission of the Institute will be to increase the competitive position of the forest industries of the northeastern United States as major producers of international forest products in order to increase domestic employment and stimulate rural development, and to provide a knowledgeable, objective analysis of global forest resource problems. "(c) FUNCTIONS.-The Institute shall "(1) emphasize the application of existing knowledge to the manufacturing and international marketing of forest products as well as conduct new research related to the competitiveness of the northeastern forest products industry; "(2) study and evaluate domestic and international forest, forest sector, agroforestry, development, economic, and trade policies; "(3) design, analyze and test technologically appropriate manufacturing, processing and marketing systems which are supportive of and consistent with forest policy and management strategies formulated by the Institute and which enhance opportunities for markets in forest products; and "(4) formulate and test management strategies for “(A) United States forests, and "(B) manufacturing facilities that promote ecologically sustainable use, and long-term management, of international forests. "(d) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section." § 2113. Federal, State, and local coordination and cooperation (a) Department of Agriculture Coordinating Committee (1) Establishment The Secretary shall establish an intradepartmental committee, to be known as the "Forest Resource Coordinating Committee" (hereafter referred to in this section as the "Coordinating Committee"), to coordinate forestry activities. (2) Composition The Coordinating Committee shall be composed of representatives, appointed by the Secretary, from the Agricultural Research Service, Agricultural Stabilization and Conservation Service, Extension Service, Forest Service, and Soil Conservation Service. (3) Chairperson The Secretary shall designate the Chief of the Forest Service as chairperson. (4) Duties The Coordinating Committee shall— (A) provide assistance in directing and coordinating actions of the Department of Agriculture that relate to educational, technical, and financial assistance concerning forest land to private landowners; (B) clarify individual agency responsibilities concerning forest land of each agency represented on the Committee; and (C) advise the Secretary of intradepartmental differences regarding the implementation of this chapter, and any other Act related to the authority of the Secretary concerning non-Federal forest lands. (b) State Coordinating Committees (1) Establishment (A) In general The Secretary, in consultation with the State forester or equivalent State official of each State, shall establish a State Forest Stewardship Coordinating Committee (hereafter referred to in this section as the "State Coordinating Committee") for each such State. (B) Composition The State Coordinating Committee shall be chaired and administered by the State forester, or equivalent State official, or the designee thereof, and shall be composed, to the extent practicable, of- (i) representatives from the Forest Service, Soil Conservation Service, Agricultur al Stabilization and Conservation Service, and Extension Service; (ii) representatives, to be appointed by the State forester or equivalent State official, representative of (I) local government; (II) consulting foresters; (III) environmental organizations; (VI) land-trust organizations, if applicable in the State; (VII) conservation organizations; and (VIII) the State fish and wildlife agency; and (iii) any other individuals determined appropriate by the Secretary. (C) Terms The members of the State Coordinating Committee appointed under subparagraph (B)(ii) shall serve 3-year terms, with the initial members serving staggered terms as determined by the State forester or equivalent State official, and may be reappointed for consecutive terms. (D) Existing committees Existing State forestry committees may be used to complement, formulate, or replace the State Coordinating Committees to avoid duplication of efforts if such existing committees are made up of membership that is similar to that described in subparagraph (B)(ii), and if such existing committees include landowners and the general public in their memberships. (2) Duties A State Coordinating Committee shall (A) consult with other Department of Agriculture and State committees that address State and private forestry issues; (B) make recommendations to the Secretary concerning the assignment of priorities and the coordination of responsibilities for the implementation of this chapter by the various Federal and State forest management agencies that take into consideration the mandates of each such agency; (C) make recommendations to the State forester or equivalent State official concerning the development of a Forest Stewardship Plan under paragraph (3); and (D) make recommendations to the Secretary concerning those forest lands that should be given priority for inclusion in the Forest Legacy Program established pursuant to section 2103c of this title. (3) Forest Stewardship Plan The State forester or equivalent State official of each State, in consultation with the State Coordinating Committee of such State, shall develop a Forest Stewardship Plan that shall (A) provide baseline data on the forest resources of the State; (B) outline threats to the forest resources of the State; (C) describe economic and environmental opportunities that are linked with the forest resources of the State; (D) address management problems, opportunities, and objectives associated with intermingled Federal, State, and private land ownership patterns within the State; and (E) make planning recommendations for Federal, State, and local implementation of this chapter. (4) Other plans Other State forest management plans may be used as the basis for or in lieu of establishing a plan for the State under paragraph (3) if such plans fully conform to the objectives of this section. (5) Termination The State Coordinating Committees shall not terminate. (6) Rule of construction Nothing in this section shall be construed to compel action by any State official. (Pub. L. 95-313, § 19, as added Pub. L. 101-624, title XII, § 1222, Nov. 28, 1990, 104 Stat. 3540.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2103b, 2103c of this title. § 2114. Administration (a) In general The Secretary shall administer this chapter in accordance with regulations that the Secretary shall develop. (b) Guidelines The regulations promulgated under this chapter shall include guidelines for the administration of this chapter at the Federal and State levels and shall identify the measures and activities that are eligible for cost sharing under this chapter. (c) Existing mechanisms Existing mechanisms shall be used to the extent possible to make payments and deliver services to the landowner under this chapter. (d) Land grant universities The Secretary, in consultation with State foresters or equivalent State officials, may provide assistance directly to other State and local natural resource management agencies and land grant universities in implementing this chapter in cases in which the State foresters or equivalent State officials are not able to make fund transfers to other State and local agencies. (Pub. L. 95-313, § 20, as added Pub. L. 101-624, title XII, § 1223, Nov. 28, 1990, 104 Stat. 3542.) CHAPTER 42-EMERGENCY CONSERVATION Sec. 2201. 2202. 2203. 2204. 2205. PROGRAM Payments to agricultural producers for carrying out wind erosion control or rehabilitation measures; criteria. Payments to agricultural producers for carrying out water conservation or water enhancing measures; criteria. Undertaking of runoff retardation and soilerosion preventive measures; cooperation with landowners and land users; criteria. Authorization of appropriations; availability of funds; implementation of provisions; limitations on expenditures. Regulations for implementation of provisions. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 26 section 126. § 2201. Payments to agricultural producers for carrying out wind erosion control or rehabilitation measures; criteria The Secretary of Agriculture is authorized to make payments to agricultural producers who |