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.

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

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.'.

END