Notes on 16 U.S.C. § 2101 : US Code - Notes

Search Notes on 16 U.S.C. § 2101 : US Code - Notes

(Pub. L. 95-313, Sec. 2, July 1, 1978, 92 Stat. 365; Pub. L. 101-
513, title VI, Sec. 611(b)(1), (2), formerly Sec. 607(b)(1), (2),
Nov. 5, 1990, 104 Stat. 2072, renumbered Sec. 611(b)(1), (2), Pub.
L. 102-574, Sec. 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; Pub. L.
101-624, title XII, Sec. 1212, Nov. 28, 1990, 104 Stat. 3521.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (d), was in the
original "this Act", meaning Pub. L. 95-313, July 1, 1978, 92 Stat.
365, known as the Cooperative Forestry Assistance Act of 1978. For
complete classification of this Act to the Code, see Short Title
note set out below and Tables.
The Forest and Rangeland Renewable Resources Planning Act of
1974, referred to in subsec. (d), is Pub. L. 93-378, Aug. 17, 1974,
88 Stat. 476, as amended, which is classified generally to
subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 1600 of this title and Tables.
CODIFICATION
Pub. L. 101-513 and Pub. L. 101-624 were approved by the
President after Congress adjourned and in reverse order of passage
by Congress. Accordingly, the amendments made by Pub. L. 101-624
were executed to text prior to the amendments made by Pub. L. 101-
513 to reflect the probable intent of Congress.
AMENDMENTS
1990 - Pub. L. 101-624 amended section generally, substituting
present provisions for provisions which set forth Congressional
findings and declarations, and statements of purpose and national
interest, and which related to application with forest and
rangeland renewable resources provisions. See Codification note
above.
Pub. L. 101-513, Sec. 607(b)(1), directed the amendment of
subsec. (a) by striking out "and" at end of par. (16), substituting
"; and" for period at end of par. (17), and adding par. (18) at
end. The amendment of pars. (16) and (17) was executed to pars.
(15) and (16) to reflect the probable intent of Congress. See
Codification note above.
Pub. L. 101-513, Sec. 607(b)(2), which directed the amendment of
subsec. (b) by inserting "in the United States, and forest lands in
foreign countries," after "non-Federal forest lands," the first
place it appears and in paragraph (10), was executed by making the
insertion after "non-Federal forest lands" to reflect the probable
intent of Congress. See Codification note above.
EFFECTIVE DATE
Section 17, formerly section 14, of Pub. L. 95-313, as renumbered
Sec. 17 by Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990,
104 Stat. 3525, provided that: "The provisions of this Act [see
Short Title note below] shall become effective October 1, 1978."
SHORT TITLE OF 1990 AMENDMENT
Section 1201 of title XII of Pub. L. 101-624 provided that: "This
title [enacting sections 582a-8, 1648, 1649, 1674a, 2103a to 2103c,
2106a, 2113, and 2114 of this title, amending this section and
sections 1642, 1672, 1674, 2102 to 2106, and 2108 to 2110 of this
title, and enacting provisions set out as notes under this section
and sections 582a, 1601, 1642, and 2112 of this title] may be cited
as the 'Forest Stewardship Act of 1990'."
SHORT TITLE
Section 1 of Pub. L. 95-313 provided: "That this Act [enacting
this chapter, amending sections 1510 and 1606 of this title,
repealing sections 565, 566, 567, 568c to 568e, 594-1 to 594-5,
594a, and 1509 of this title, and sections 2651 to 2654 of Title 7,
Agriculture, enacting provisions set out as notes under this
section and section 1606 of this title, and repealing provisions
set out as notes under sections 568c and 594-1 of this title] may
be cited as the 'Cooperative Forestry Assistance Act of 1978'."
AMERICA THE BEAUTIFUL ACT OF 1990
Subtitle C (Secs. 1261-1266) of title XII of Pub. L. 101-624, as
amended by Pub. L. 102-237, title X, Sec. 1018(e), Dec. 13, 1991,
105 Stat. 1905, provided that:
"SEC. 1261. SHORT TITLE.
"This subtitle may be cited as the 'America the Beautiful Act of
1990'.
"SEC. 1262. FINDINGS.
"Congress finds that -
"(1) trees and forests provide beauty and diversity to both
rural and urban landscapes;
"(2) trees and forests protect the United States's soil, water,
and wetland resources by filtering runoff and preventing erosion;
"(3) trees and forests provide food and cover for many species
of wildlife;
"(4) trees and forests provide shade, block winds, and add
moisture to the air, thereby mitigating the urban 'heat island'
effect and significantly reducing energy use;
"(5) trees and forests make important contributions to the
environmental, social, and economic well-being of both rural and
urban areas across the United States; and
"(6) stewardship of trees and forests could be significantly
enhanced by encouraging, promoting, and supporting partnerships
and community service projects involving individuals, youth
groups, organizations, businesses and governments at all levels.
"SEC. 1263. PURPOSES.
"The purposes of this subtitle are to -
"(1) authorize the President to designate a private nonprofit
foundation as eligible for a one-time grant from the Secretary of
Agriculture, to be used for promoting public awareness and a
spirit of volunteerism, soliciting private sector contributions,
and overseeing the use of these contributions to encourage tree
planting projects in communities and urban areas;
"(2) promote the principles of basic forest stewardship through
the nationwide planting, improvement, and maintenance of trees in
order to increase reforestation, enhance the environmental and
aesthetic qualities of the United States's rural and urban areas,
and reduce global carbon dioxide levels;
"(3) authorize the Secretary of Agriculture to provide
increased financial and technical assistance to State forestry
agencies and others, and enter into cost-sharing agreements with
individuals, for the purpose of encouraging owners of
nonindustrial private lands to plant and maintain trees and
improve forests in rural areas; and
"(4) authorize the Secretary of Agriculture to provide
increased financial and technical assistance to State forestry
agencies and others for the purpose of encouraging units of local
government, civic groups, and individuals to plant and maintain
trees and improve forests in communities and urban areas.
"SEC. 1264. TREE PLANTING FOUNDATION.
"(a) Purpose. - The purpose of this section is to authorize the
President to designate a private nonprofit Foundation as eligible
to receive a grant from the Department of Agriculture to be used -
"(1) to provide grants, including matching grants, to
qualifying nonprofit organizations (including youth groups),
municipalities, counties, towns and townships for the
implementation of programs to promote public awareness and a
spirit of volunteerism in support of tree planting, maintenance,
management, protection, and cultivation projects in rural areas,
communities and urban areas throughout the United States;
"(2) to solicit public and private sector contributions through
the mobilization of individuals, businesses, governments, and
community organizations with the goal of increasing the number of
trees planted, maintained, managed, and protected in rural areas,
communities and urban environments;
"(3) to accept and administer public and private gifts and make
grants, including matching grants, to encourage local
participation, for the planting, maintenance, management,
protection, and cultivation of trees; and
"(4) to ensure that our descendants will be able to share their
ancestors' pride when referring to their land as 'America the
Beautiful'.
"(b) Authority. - The President is authorized to designate a
private nonprofit organization (hereafter in this section referred
to as the 'Foundation') as eligible to receive funds pursuant to
subsections (d) and (e) upon determining that such organization
can, consistent with its charter, carry out the purposes stated in
subsection (a), and that the officers of such organization have the
experience and expertise necessary to direct the activities of the
organization. Nothing in this section shall be construed to make
officers, employees, or members of the board of directors of the
Foundation officers or employees of the United States. The
Foundation shall be a private and nonprofit organization and not an
agency or establishment of the United States.
"(c) Implementation. - The Foundation shall carry out this
section in accordance with the purposes stated in subsection (a).
"(d) Funding. - For fiscal year 1991, the Secretary is authorized
to make a grant of not to exceed $25,000,000 to the Foundation.
"(e) Use of Funds. - Funds made available pursuant to subsection
(d) shall be granted to the Foundation by the Secretary to enable
the Foundation to carry out the purposes specified in subsection
(a).
"(f) Interest. - Notwithstanding any other provision of law, the
Foundation may hold funds made available pursuant to subsection (e)
in interest-bearing accounts prior to the disbursement of the funds
for purposes specified in subsection (a) and may retain to carry
out such purposes any interest earned on the deposits.
"(g) Limitations on Uses of Funds. -
"(1) In general. - The Foundation may use funds provided by
this section only for making grants to qualified organizations,
municipalities, counties, towns and townships for the
implementation of projects and activities that are consistent
with the purposes specified in subsection (a).
"(2) Qualified organizations. - For the purposes of this
section, qualified organizations shall consist of those
organizations that meet the requirements of section 501(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and have
demonstrated a capability to implement the project or activity
for which the Foundation funds will be used.
"(h) Compensation from Outside Sources. - An officer or employee
of the Foundation may not receive any salary or other compensation
for services rendered to the Foundation from any source other than
the Foundation.
"(i) Stock and Dividends. - The Foundation shall not issue any
shares of stock or declare or pay any dividends.
"(j) Lobbying. - The Foundation shall not engage in lobbying or
propaganda for the purpose of influencing legislation and shall not
participate or intervene in any political campaign on behalf of any
candidate for public office.
"(k) Salary; Travel and Expenses; Conflicts of Interest. -
"(1) Personal benefit from funds. - No part of the funds of the
Foundation shall inure to the benefit of any board member,
officer, or employee of the Foundation, except as salary or
reasonable compensation for services or expenses.
"(2) Travel and expense reimbursement. - Compensation for board
members shall be limited to reimbursement for reasonable costs of
travel and expenses.
"(3) Conflicts of interest. - No director, officer, or employee
of the Foundation shall participate, directly or indirectly, in
the consideration or determination of any question before the
Foundation affecting -
"(A) the financial interests of the director, officer, or
employee; or
"(B) the interests of any corporation, partnership, entity,
or organization in which such director, officer, or employee -
"(i) is an officer, director, or trustee; or
"(ii) has any direct or indirect financial interest.
"(l) Records; Audits. - The Foundation shall ensure that -
"(1) each recipient of assistance provided through the
Foundation under this section maintains, for at least 5 years
after the receipt of the assistance, separate accounts with
respect to the assistance and such records as may be reasonably
necessary to disclose fully -
"(A) the amount and the disposition by the recipient of the
proceeds of the assistance;
"(B) the total cost of the project or undertaking in
connection with which the assistance is given or used;
"(C) the amount and nature of that portion of the cost of the
project or undertaking supplied by other sources; and
"(D) such other records as will facilitate an effective
audit; and
"(2) the Foundation and any duly authorized representative of
the Foundation shall have access, for the purpose of audit and
examination, to any books, documents, papers, and records of the
recipient that are pertinent to assistance provided through the
Foundation under this section.
"(m) Audits. -
"(1) Independent audits. - For the fiscal year in which the
Foundation receives the grant awarded under subsection (e), and
for the succeeding 5 fiscal years, the accounts of the Foundation
shall be audited annually in accordance with generally accepted
auditing standards by an independent certified public accountant
or an independent licensed public accountant certified or
licensed by a regulatory authority of a State or other political
subdivision of the United States. The report of each such
independent audit shall be included in the annual report required
by subsection (n).
"(2) Agency audits. - For the fiscal year in which the
Foundation receives the grant awarded under subsection (d), and
for the succeeding 5 fiscal years, the financial transactions
undertaken pursuant to this section by the Foundation may be
audited by any agency designated by the President.
"(n) Annual Reports. -
"(1) In general. - Not later than 3 months after the conclusion
of each fiscal year, the Foundation shall publish an annual
report that includes a comprehensive and detailed report of the
operations, activities, financial condition, and accomplishments
of the Foundation under this subtitle during the fiscal year.
"(2) Termination. - The obligation of the Foundation to publish
annual reports pursuant to this subsection shall terminate after
publication of the report incorporating the findings of the final
audit in accordance with procedures required by subsection (l).
"(o) Prohibition on Commercial Harvest. - Trees planted pursuant
to a program receiving funds under this section may not be
commercially harvested and sold for Christmas trees.
"(p) Authorization of Appropriations. - There is authorized to be
appropriated $25,000,000 to be granted by the Secretary of
Agriculture to the Foundation. All funds appropriated under this
section may remain available until expended.
"SEC. 1265. RURAL TREE PLANTING AND FOREST MANAGEMENT PROGRAM.
"The Secretary of Agriculture is authorized to establish a rural
tree planting and forest management program as a special component
of the forest stewardship program and the stewardship incentive
program established under sections 5 and 6 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2102) [16 U.S.C. 2103a,
2103b] (as amended by subtitle A). Such program shall terminate on
December 31, 2001.
"SEC. 1266. COMMUNITY TREE PLANTING AND IMPROVEMENT PROGRAM.
"The Secretary of Agriculture is authorized to establish a
community tree planting and improvement program as a special
component of the urban and community forestry assistance program
established under section 9 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2105) (as amended by section 1219). Such
program shall terminate on December 31, 2001."
TREE PLANTING INITIATIVE
Pub. L. 99-198, title XII, Sec. 1256, as added by Pub. L. 101-
624, title XIV, Sec. 1441(a), Nov. 28, 1990, 104 Stat. 3601, set
forth policy relating to maintenance, afforestation, and
reforestation of forest lands and provisions relating to
implementation of policy and agreements with State forestry
agencies, prior to repeal by Pub. L. 104-127, title III, Sec.
336(e), Apr. 4, 1996, 110 Stat. 1007.
TRANSFER OF FOREST TREE NURSERY FACILITIES TO STATES
Pub. L. 87-492, June 25, 1962, 76 Stat. 107, provided: "That the
Congress recognizes that for many years the United States and
certain States have cooperated in the production of tree planting
stock for use in the reforestation of the public and private lands
of the Nation; that the program of production of tree planting
stock which was initiated and pursued under the Soil Bank Act (7
U.S.C. 1801 et seq.) [repealed] was carried on under written
agreements which provided for (a) cooperation between the Forest
Service, on behalf of the United States, and the States which
participated in the program, (b) payments to said States for costs
and expenses incurred in the development of nursery facilities, (c)
the holding of such funds by the States in trust for the purpose of
carrying out the provisions of said agreements, and (d) restoration
to the trust fund of an amount equal to the residual value of any
supplies, materials, equipment, or improvements acquired or
constructed with trust funds and transferred to State forestry work
other than the soil bank program; that such program under said Soil
Bank Act has been discontinued, but the need for the trees
continues to be great; that the States and Federal Government are
cooperating in the procurement, production, and distribution of
forest-tree seeds and plants under section 4 of the Clarke-McNary
Act of June 7, 1924 (16 U.S.C. 567), and in the reforestation of
lands under title IV of the Agricultural Act of 1956 (16 U.S.C.
568e and 568g); and that said participating States need the said
supplies, materials, equipment, or improvements for use in
connection with their respective forestry programs, and it is in
the public interest to permit these States to use said property
without the requirement that payment be made for the residual value
thereof.
"Sec. 2. For the purpose of assisting those States which
participated in the program carried on under the Soil Bank Act
[section 1801 et seq. of Title 7, Agriculture] [repealed] in
continuing the production of needed tree planting stock and in
other forestry programs, the Secretary of Agriculture is authorized
to permit any supplies, materials, equipment, or improvements
acquired or constructed with trust funds under the agreements
referred to in section 1 to be used in such State forestry work as
may further the objectives of related Federal programs, as he may
approve, without the requirement that any payment be made by the
State into the trust funds."
(!1) See 1990 Amendment note below.
(!2) So in original. Probably should be "(17)".

(!3) So in original.