16 U.S.C. § 2105 : US Code - Section 2105: Urban and community forestry assistance

Search 16 U.S.C. § 2105 : US Code - Section 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 decline;
(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 resources enhance the
economic value of residential 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
reducing carbon dioxide emissions, mitigating the heat island
effect, and reducing energy consumption, thus contributing to
efforts to reduce global warming trends;
(6) efforts to encourage tree plantings and protect existing
open spaces in urban areas and communities can contribute to the
social well-being and promote a sense of community in these
areas; and
(7) strengthened research, education, technical assistance, and
public information and participation in tree planting and
maintenance programs for trees and complementary ground covers
for urban and community forests are needed to provide for the
protection and expansion of tree cover and open space in urban
areas and communities.
(b) Purposes
The purposes of this section are to -
(1) improve understanding of the benefits of preserving
existing tree cover in urban areas and communities;
(2) encourage owners of private residences and commercial
properties to maintain trees and expand forest cover on their
properties;
(3) provide education programs and technical assistance to
State and local organizations (including community associations
and schools) in maintaining forested lands and individual trees
in urban and community settings and identifying appropriate tree
species and sites for expanding forest cover;
(4) provide assistance through competitive matching grants
awarded to local units of government, approved organizations that
meet the requirements of section 501(c)(3) of title 26, or other
local community tree volunteer groups, for urban and community
forestry projects;
(5) implement a tree planting program to complement urban and
community tree maintenance and open space programs and to reduce
carbon dioxide emissions, conserve energy, and improve air
quality in addition to providing other environmental benefits;
(6) promote the establishment of demonstration projects in
selected urban and community settings to illustrate the benefits
of maintaining and creating forest cover and trees;
(7) enhance the technical skills and understanding of sound
tree maintenance and arboricultural practices including practices
involving the cultivation of trees, shrubs and complementary
ground covers, of individuals involved in the planning,
development, and maintenance of urban and community forests and
trees; and
(8) expand existing research and educational efforts intended
to improve understanding of -
(A) tree growth and maintenance, tree physiology and
morphology, species adaptations, and forest ecology,
(B) the value of integrating trees and ground covers,
(C) the economic, environmental, social, and psychological
benefits of trees and forest cover in urban and community
environments, and
(D) the role of urban trees in conserving energy and
mitigating the urban heat island.
(c) General authority
The Secretary is authorized to provide financial, technical, and
related assistance to State foresters or equivalent State officials
for the purpose of encouraging States to provide information and
technical assistance to units of local government and others that
will encourage cooperative efforts to plan urban forestry programs
and to plant, protect, and maintain, and utilize wood from, trees
in open spaces, greenbelts, roadside screens, parks, woodlands,
curb areas, and residential developments in urban areas. In
providing such assistance, the Secretary is authorized to cooperate
with interested members of the public, including nonprofit private
organizations. The Secretary is also authorized to cooperate
directly with units of local government and others in implementing
this section whenever the Secretary and the affected State forester
or equivalent State official agree that direct cooperation would
better achieve the purposes of this section.
(d) Program of education and technical assistance
The Secretary, in cooperation with State foresters and State
extension directors or equivalent State officials and interested
members of the public, including nonprofit private organizations,
shall implement a program of education and technical assistance for
urban and community forest resources. The program shall be designed
to -
(1) assist urban areas and communities in conducting
inventories of their forest resources, including inventories of
the species, number, location, and health of trees in urban areas
and communities, identifying opportunities for the establishment
of plantings for the purposes of conserving energy, and
determining the status of related resources (including fish and
wildlife habitat, water resources, and trails);
(2) assist State and local organizations (including community
associations and schools) in organizing and conducting urban and
community forestry projects and programs;
(3) improve education and technical support in -
(A) selecting tree species appropriate for planting in urban
and community environments and for promotion of energy
conservation;
(B) providing for proper tree planting, maintenance, and
protection in urban areas and communities;
(C) protecting individual trees and preserving existing open
spaces with or without tree cover; and
(D) identifying opportunities for expanding tree cover in
urban areas and communities;
(4) assist in the development of State and local management
plans for trees and associated resources in urban areas and
communities; and
(5) increase public understanding of the energy conservation,
economic, social, environmental, and psychological values of
trees and open space in urban and community environments and
expand knowledge of the ecological relationships and benefits of
trees and related resources in these environments.
(e) Procurement of plant materials
The Secretary, in cooperation with State foresters or equivalent
State officials, shall assist in identifying sources of plant
materials and may procure or otherwise obtain such plant materials
from public or private sources and may make such plant materials
available to urban areas and communities for the purpose of
reforesting open spaces, replacing dead and dying urban trees,
promoting energy conservation, and providing other environmental
benefits through expanding tree cover in urban areas and
communities.
(f) Challenge cost-share program
(1) In general
The Secretary shall establish an urban and community forestry
challenge cost-share program. Funds or other support shall be
provided under such program to eligible communities and
organizations, on a competitive basis, for urban and community
forestry projects. The Secretary shall annually make awards under
the program in accordance with criteria developed in consultation
with, and after consideration of recommendations received from,
the National Urban and Community Forestry Advisory Council
established under subsection (g) of this section. Each State
forester or equivalent State official may make recommendations to
the Secretary for awards under the program for project proposals
in their State which meet such criteria. Awards shall be
consistent with the cost-share requirements of this section.
(2) Cost-sharing
The Federal share of support for a project provided under this
subsection may not exceed 50 percent of the support for that
project and shall be provided on a matching basis. The non-
Federal share of such support may be in the form of cash,
services, or in-kind contributions.
(g) Forestry Advisory Council
(1) Establishment and purpose
The Secretary shall establish a National Urban and Community
Forestry Advisory Council (hereafter in this section referred to
as the "Council") for the purpose of -
(A) developing a national urban and community forestry action
plan;
(B) evaluating the implementation of that plan; and
(C) developing criteria for, and submitting recommendations
with respect to, the urban and community forestry challenge
cost-share program under subsection (f) of this section.
(2) Composition and operation
(A) Composition
The Council shall be composed of 15 members appointed by the
Secretary, as follows:
(i) 2 members representing national nonprofit forestry and
conservation citizen organizations,
(ii) 3 members, 1 each representing State, county, and city
and town governments,
(iii) 1 member representing the forest products, nursery,
or related industries,
(iv) 1 member representing urban forestry, landscape, or
design consultants,
(v) 2 members representing academic institutions with an
expertise in urban and community forestry activities,
(vi) 1 member representing State forestry agencies or
equivalent State agencies,
(vii) 1 member representing a professional renewable
natural resource or arboricultural society,
(viii) 1 member from the Extension Service,
(ix) 1 member from the Forest Service, and
(x) 2 members who are not officers or employees of any
governmental body, 1 of whom is a resident of a community
with a population of less than 50,000 as of the most recent
census and both of whom have expertise and have been active
in urban and community forestry.
(B) Vacancy
A vacancy in the Council shall be filled in the manner in
which the original appointment was made.
(C) Chairperson
The Secretary shall select 1 member, from members appointed
to the Council, who is not an officer or employee of the United
States nor any State, county, city, or town government, who
shall serve as the chairperson of the Council.
(D) Terms
(i) In general
Except as provided in clauses (ii) and (iii) of this
paragraph, members shall be appointed for terms of 3 years,
and no member may serve more than 2 consecutive terms on the
Council.
(ii) Staggered terms
Of the members first appointed -
(I) 5, including the chairperson and 2 governmental
employees, shall be appointed for a term of 3 years,
(II) 5, including 2 governmental employees, shall be
appointed for a term of 2 years, and
(III) 5, including 2 governmental employees, shall be
appointed for a term of 1 year, as designated by the
Secretary at the time of appointment.
(iii) Continuation
Any member appointed to fill a vacancy occurring before the
expiration of the term of the member's predecessor shall be
appointed only for the remainder of such term. A member may
serve after the expiration of the member's term until the
member's successor has taken office.
(E) Compensation
(i) In general
Except as provided in clause (ii), members of the Council
shall serve without pay, but may be reimbursed for reasonable
costs incurred while in the actual performance of duties
vested in the Council.
(ii) Federal officers and employees
Members of the Council who are full-time officers or
employees of the United States shall receive no additional
pay, allowances, or benefits by reason of their service on
the Council.
(iii) Financial and administrative support
The Secretary shall provide financial and administrative
support for the Council.
(3) Urban and Community Forestry Action Plan
Within 1 year after November 28, 1990, and every 10 years
thereafter, the Council shall prepare a National Urban and
Community Forestry Action Plan. The plan shall include (but not
be limited to) the following:
(A) An assessment of the current status of urban forest
resources in the United States.
(B) A review of urban and community forestry programs and
activities in the United States, including education and
technical assistance activities conducted by the Department of
Agriculture, and other Federal agencies, the State forestry
organizations, private industry, private nonprofit
organizations, community and civic organizations and interested
others.
(C) Recommendations for improving the status of the Nation's
urban and community forest resources, including education and
technical assistance and modifications required in existing
programs and policies of relevant Federal agencies.
(D) A review of urban and community forestry research,
including -
(i) a review of all ongoing research associated with urban
and community forests, arboricultural practices, and the
economic, social, and psychological benefits of trees and
forest cover in urban and community environments being
conducted by the Forest Service, other Federal agencies, and
associated land grant colleges and universities;
(ii) recommendations for new and expanded research efforts
directed toward urban and community forestry concerns; and
(iii) a summary of research priorities and an estimate of
the funds needed to implement such research, on an annual
basis, for the next 10 years.
(E) Proposed criteria for evaluating proposed projects under
the urban and community forestry challenge cost share program
under subsection (f) of this section, with special emphasis
given to projects that would demonstrate the benefits of
improved forest management (including the maintenance and
establishment of forest cover and trees) in urban areas and
communities.
(F) An estimate of the resources needed to implement the
National Urban and Community Forestry Action Plan for the
succeeding 10 fiscal years.
(4) Amendment of plan
The plan may be amended by a majority of the Council members.
Such amendments shall be incorporated into the Council's annual
review of the plan submitted to the Secretary pursuant to
paragraph (5) of this subsection.
(5) Review of plan
The Council shall submit the plan to the Secretary and the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
upon its completion. Beginning no later than one year after the
plan is submitted and annually thereafter, the Council shall
submit a review of the plan to the Secretary no later than
December 31. The review shall consist of -
(A) the Council's assessment of prior year accomplishments in
research, education, technical assistance, and related
activities in urban and community forestry;
(B) the Council's recommendations for research, education,
technical assistance, and related activities in the succeeding
year; and
(C) the Council's recommendations for the urban and community
forestry challenge cost share projects to be funded during the
succeeding year.
The review submitted to the Secretary shall be incorporated into
the annual report required under section 1601(d) of this title.
(6) Detail of personnel
Upon request of the Council, the Secretary is authorized to
detail, on a reimbursable basis, any of the personnel of the
Department of Agriculture to the Council to assist the Council in
carrying out its duties under this chapter.
(h) Definitions
For the purposes of this section -
(1) the term "Council" means the National Urban and Community
Forestry Advisory Council established under subsection (g) of
this section;
(2) the term "plan" means the National Urban and Community
Forestry Action Plan developed under subsection (g)(3) of this
section; and
(3) the term "urban and community area" includes cities, their
suburbs, and towns.
(i) Authorization of appropriations
There are hereby authorized to be appropriated $30,000,000 for
each of the fiscal years 1991 through 1995, and such sums as may be
necessary for each fiscal year thereafter, for the implementation
of this section.