Directs the Secretary of Agriculture to authorize a requesting State to permit a qualifying organization to acquire one or more conservation easements to carry out the Forest Legacy Program in such State.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 941 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 941
To amend the Cooperative Forestry Assistance Act of 1978 to establish a
program to provide assistance to States and nonprofit organizations to
preserve suburban forest land and open space and contain suburban
sprawl.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2005
Ms. Collins (for herself and Mr. Reed) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Cooperative Forestry Assistance Act of 1978 to establish a
program to provide assistance to States and nonprofit organizations to
preserve suburban forest land and open space and contain suburban
sprawl.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Suburban and Community Forestry and
Open Space Program Act of 2005''.
SEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM; FOREST
LEGACY PROGRAM.
(a) Suburban and Community Forestry and Open Space Program.--The
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) is
amended by adding at the end the following:
``SEC. 21. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM.
``(a) Definitions.--In this section:
``(1) Committee.--The term `Committee' means a State Forest
Stewardship Coordinating Committee established under section
19(b).
``(2) Eligible entity.--The term `eligible entity' means a
unit of local government or a nonprofit organization that--
``(A) the Secretary determines, in accordance with
the criteria established under subsection
(c)(1)(A)(ii)(II) is eligible to receive a grant under
subsection (c)(2); and
``(B) the State forester, in consultation with the
Committee, determines--
``(i) has the abilities necessary to
acquire and manage interests in real property;
and
``(ii) has the resources necessary to
monitor and enforce any terms applicable to the
eligible project.
``(3) Eligible project.--The term `eligible project' means
a fee purchase, easement, or donation of land to conserve
private forest land identified for conservation under
subsection (c)(1)(A)(ii)(I).
``(4) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(5) Nonprofit organization.--The term `nonprofit
organization' means any organization that is--
``(A) described in section 501(c) of the Internal
Revenue Code of 1986; and
``(B) exempt from taxation under 501(a) of the
Internal Revenue Code of 1986.
``(6) Private forest land.--The term `private forest land'
means land that is--
``(A) capable of producing commercial forest
products; and
``(B) owned by--
``(i) a private entity; or
``(ii) an Indian tribe.
``(7) Program.--The term `program' means the Suburban and
Community Forestry and Open Space Program established by
subsection (b).
``(8) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(b) Establishment.--
``(1) In general.--There is established within the Forest
Service a program to be known as the `Suburban and Community
Forestry and Open Space Program'.
``(2) Purpose.--The purpose of the program is to provide
assistance to eligible entities to carry out eligible projects
in States in which less than 25 percent of the land is owned by
the United States to--
``(A) conserve private forest land and maintain
working forests in areas threatened by significant
suburban sprawl or by conversion to nonforest uses;
``(B) provide communities a means by which to
address significant suburban sprawl; and
``(C) support primary and secondary value-added
forest products industries and employment in areas
threatened by--
``(i) significant suburban sprawl; or
``(ii) conversion to nonforest uses.
``(c) Grant Program.--
``(1) Identification of eligible private forest land.--
``(A) Criteria.--
``(i) National criteria.--The Secretary
shall establish national eligibility criteria
for the identification of private forest land
that may be conserved under this section.
``(ii) State criteria.--The State forester,
in consultation with the Committee, shall,
based on the criteria established under clause
(i), and subject to the approval of the
Secretary, establish criteria for--
``(I) the identification, subject
to subparagraph (B), of private forest
land in each State that may be
conserved under this section; and
``(II) the identification of
eligible entities.
``(B) Conditions for eligible private forest
land.--Private forest land identified for conservation
under subparagraph (A)(ii)(I) shall be land that--
``(i) is located in a State in which less
than 25 percent of the land is owned by the
United States; and
``(ii) as determined by the State forester,
in consultation with the Committee and subject
to the approval of the Secretary--
``(I) is located in an area that is
affected, or threatened to be affected,
by significant suburban sprawl, taking
into account housing needs in the area;
and
``(II) is threatened by present or
future conversion to nonforest use.
``(2) Grants.--
``(A) Eligible projects.--
``(i) In general.--In carrying out this
section, the Secretary shall award competitive
grants to eligible entities to carry out
eligible projects.
``(ii) Public access.--Eligible entities
are encouraged to provide public access to land
on which an eligible project is carried out,
consistent with State law and preexisting
access agreements.
``(B) Application; stewardship plan.--An eligible
entity that seeks to receive a grant under this section
shall submit to the State forester--
``(i) at such time and in such form as the
Secretary shall prescribe, an application for
the grant (including a description of any
private forest land to be conserved using funds
from the grant and a description of the extent
of the threat of conversion to nonforest use);
and
``(ii) a stewardship plan that describes--
``(I) the manner in which any
private forest land to be conserved
using funds from the grant will be
managed in accordance with this
section;
``(II) the manner in which the
stewardship plan will be implemented;
and
``(III) the public benefits,
including economic and noneconomic
benefits, to be achieved from
implementation of the stewardship plan.
``(C) Assessment of need.--With respect to an
application submitted under subparagraph (B), the State
forester shall--
``(i) assess the need for preserving
working suburban forest land and open space and
containing suburban sprawl in the State, taking
into account the housing needs of the area in
which the eligible project is to be carried
out; and
``(ii) submit to the Secretary--
``(I) the application submitted
under subparagraph (B); and
``(II) the assessment of need.
``(D) Approval or disapproval.--
``(i) In general.--Subject to clause (ii),
as soon as practicable after the date on which
the Secretary receives an application under
subparagraph (C)(ii) or a resubmission under
subclause (II)(bb)(BB), the Secretary shall--
``(I) review the application; and
``(II)(aa) award a grant to the
applicant; or
``(bb)(AA) disapprove the
application; and
``(BB) provide the applicant a
statement that describes the reasons
why the application was disapproved
(including a deadline by which the
applicant may resubmit the
application).
``(ii) Considerations; priority.--In
awarding grants under this section, the
Secretary shall--
``(I) consider the need for the
eligible project based on the
assessment of need submitted under
subparagraph (C) and subject to any
criteria under paragraph (1); and
``(II) give priority to applicants
that propose to fund eligible projects
that promote--
``(aa) the preservation of
suburban forest land and open
space;
``(bb) the containment of
suburban sprawl;
``(cc) the sustainable
management of private forest
land;
``(dd) community
involvement in determining the
objectives for eligible
projects that are funded under
this section;
``(ee) community and school
education programs and
curricula relating to
sustainable forestry; and
``(ff) primary and
secondary value-added forest
products industries and
employment.
``(3) Cost sharing.--
``(A) In general.--The amount of a grant awarded
under this section to carry out an eligible project
shall not exceed 50 percent of the total cost of the
eligible project.
``(B) Assurances.--As a condition of receipt of a
grant under this section, an eligible entity shall
provide to the Secretary such assurances as the
Secretary determines are sufficient to demonstrate that
the share of the cost of each eligible project that is
not funded by the grant awarded under this section has
been secured.
``(C) Form.--The share of the cost of carrying out
any eligible project described in subparagraph (A) that
is not funded by a grant awarded under this section may
be provided in cash or in kind (including a donation of
land).
``(d) Use of Grant Funds for Purchases of Land or Easements.--
``(1) Purchases.--
``(A) In general.--Except as provided in
subparagraph (B), funds made available, and grants
awarded, under this section may be used to purchase
private forest land or interests in private forest land
(including conservation easements) only from willing
sellers at fair market value.
``(B) Sales at less than fair market value.--A sale
of private forest land or an interest in private forest
land at less than fair market value shall be permitted
only on certification by the landowner that the sale is
being entered into willingly and without coercion.
``(2) Title.--Title to private forest land or an interest
in private forest land purchased under paragraph (1) may be
held, as determined appropriate by the Secretary, in
consultation with the State, by--
``(A) a State;
``(B) a unit of local government; or
``(C) a nonprofit organization.
``(3) Termination of easement.--
``(A) In general.--Except as provided in
subparagraph (B), all right, title, and interest of a
unit of local government or nonprofit organization in
and to a conservation easement shall terminate and vest
in the State if the State determines that--
``(i) the unit of local government or
nonprofit organization is unable or unwilling
to enforce the terms of the conservation
easement; or
``(ii) the conservation easement has been
modified in a way that is inconsistent with the
purposes of the program.
``(B) Conveyance to another unit of local
government or nonprofit organization.--If the State
makes a determination under subparagraph (A), the State
may convey or authorize the unit of local government or
nonprofit organization to convey the conservation
easement to another unit of local government or
nonprofit organization.
``(e) Administrative Costs.--The State, on approval of the
Secretary and subject to any regulations promulgated by the Secretary,
may use amounts made available under subsection (g) to pay the
administrative costs of the State relating to the program.
``(f) Report.--The Secretary shall submit to Congress a report on
the eligible projects carried out under this section in accordance with
section 8(c) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1606(c)).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $50,000,000 for fiscal year 2006; and
``(2) such sums as are necessary for each fiscal year
thereafter.''.
(b) Forest Legacy Program.--Section 7 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103c) is amended--
(1) in subsection (c), by striking the last sentence;
(2) in subsection (i), by striking ``subsection (b)'' and
inserting ``this section'';
(3) in subsection (j)(1), by inserting ``(other than by
donation)'' after ``acquired'';
(4) in subsection (k)(2), by striking ``the United States
or its'' and inserting ``the United States, a State, or other
entity, or their''; and
(5) in subsection (l), by adding at the end the following:
``(4) State authorization.--
``(A) Definition of state forester.--The term
`State forester' has the meaning given the term in
section 4(k).
``(B) In general.--Notwithstanding subsection (c)
and paragraph (2)(B), the Secretary shall, on request
by a State, authorize the State to allow a qualified
organization (as defined in section 170(h)(3) of the
Internal Revenue Code of 1986) and that is organized
for at least 1 of the purposes described in section
170(h)(4)(A) of that Code, using amounts granted to a
State under this paragraph, to acquire 1 or more
conservation easements to carry out the Forest Legacy
Program in the State.
``(C) Eligibility.--To be eligible to acquire and
manage conservation easements under this paragraph, a
qualified organization described in subparagraph (B)
shall, as determined by the Secretary, acting through
the State forester, demonstrate the abilities necessary
to acquire, monitor, and enforce interests in forest
land consistent with the Forest Legacy Program and the
assessment of need for the State.
``(D) Monitoring and enforcement.--
``(i) In general.--A qualified organization
that acquires a conservation easement under
this paragraph shall be responsible for
monitoring and enforcing the terms of the
conservation easement and any of the costs of
the qualified organization associated with such
monitoring and enforcement.
``(ii) Contingent rights.--If a qualified
organization that acquires a conservation
easement under this paragraph fails to enforce
the terms of the conservation easement, as
determined by the State, the State or the
Secretary shall have the right to enforce the
terms of the conservation easement under
Federal or State law.
``(iii) Amendments.--Any amendments to a
conservation easement that materially affect
the terms of the conservation easement shall be
subject to approval by the Secretary or the
State, as appropriate.
``(E) Termination of easement.--
``(i) In general.--Except as provided in
clause (ii), all right, title, and interest of
a qualified organization described in
subparagraph (B) in and to a conservation
easement shall terminate and vest in the State
or a qualified designee if the State determines
that--
``(I) the qualified organization
fails to enforce the terms of the
conservation easement;
``(II) the conservation easement
has been modified in a way that is
inconsistent with the purposes of the
Forest Legacy Program or the assessment
of need for the State; or
``(III) the conservation easement
has been conveyed to another person
(other than to a qualified
organization).
``(ii) Conveyance to another qualified
organization.--If the State makes a
determination under clause (i), the State may
convey or authorize the qualified organization
to convey the conservation easement to another
qualified organization.
``(F) Implementation.--The Secretary, acting
through the State forester, shall implement this
paragraph in accordance with the assessment of need for
the State as approved by the Secretary.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4558)
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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