§ 651. — National small business tree planting program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC651]
TITLE 15--COMMERCE AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 651. National small business tree planting program
(a) Authorization of grants and contracts with States
The Administrator is authorized to make grants to or to enter into
contracts with any State for the purpose of contracting with small
businesses to plant trees on land owned or controlled by such State or
local government. The Administrator shall require as a condition of any
grant (or amendment or modification thereof) under this section that the
applicant also contribute to the project a sum equal to at least 25 per
centum of a particular project cost from sources other than the Federal
Government. Such non-Federal money may include inkind contributions,
including the cost or value of providing care and maintenance for a
period of three years after the planting of the trees, but shall not
include any value attributable to the land on which the trees are to be
planted, nor may any part of any grant be used to pay for land or land
charges: Provided, That not less than one-half of the amounts
appropriated under this section shall be allocated to each State, the
District of Columbia, and the Commonwealth of Puerto Rico on the basis
of the population in each area as compared to the total population in
all areas as provided by the Census Bureau of the Department of Commerce
in the annual population estimate or the decennial census, whichever is
most current. The Administrator may give a priority in awarding the
remaining one-half of appropriated amounts to applicants who agree to
contribute more than the requisite 25 per centum, and shall give
priority to a proposal to restore an area determined to be a major
disaster by the President on a date not more than three years prior to
the fiscal year for which the application is made.
(b) Establishment by Administrator
In order to accomplish the objectives of this section, the
Administrator, in consultation with appropriate Federal agencies, shall
be responsible for formulating a national small business tree planting
program. Based on this program, a State may submit a detailed proposal
for tree planting by contract.
(c) Utilization of small business concerns in implementing program
To encourage and develop the capacity of small business concerns, to
utilize this important segment of our economy, and to permit rapid
increases in employment opportunities in local communities, grantees are
directed to utilize small business contractors or concerns in connection
with the program established by this section, and shall, to the extent
practicable, divide the project to allow more than one small business
concern to perform the work under the project.
(d) Cooperation of Federal agencies; technical services
For purposes of this section, agencies of the Federal Government are
hereby authorized to cooperate with all grantees and with State
foresters or other appropriate officials by providing without charge, in
furtherance of this program, technical services with respect to the
planting and growing of such trees.
(e) Authorization of appropriations
There are authorized to be appropriated to carry out the objectives
of this section, $15,000,000 for fiscal year 1991 and $30,000,000 for
each of the fiscal years 1995 through 1997, and all of such sums may
remain available until expended.
(f) Rules and regulations
Notwithstanding any other law, rule, or regulation, the
administration shall publish in the Federal Register proposed rules and
regulations implementing this section within sixty days after November
5, 1990, and shall publish final rules and regulations within one
hundred and twenty days of November 5, 1990.
(g) Definitions
As used in this section:
(1) the term ``local government'' includes political
subdivisions of a State such as counties, parishes, cities, towns
and municipalities;
(2) the term ``planting'' includes watering, application of
fertilizer and herbicides, pruning and shaping, and other subsequent
care and maintenance for a period of three years after the trees are
planted; and
(3) the term ``State'' includes any agency thereof.
(h) Annual report to President and Congress
The Administrator shall submit annually to the President and the
Congress a report on activities within the scope of this section.
(Pub. L. 85-536, Sec. 2[24], as added Pub. L. 101-515, title V, Sec. 4,
Nov. 5, 1990, 104 Stat. 2140; amended Pub. L. 103-211, title I,
Sec. 201, Feb. 12, 1994, 108 Stat. 5; Pub. L. 103-317, title IV, Aug.
26, 1994, 108 Stat. 1755.)
Prior Provisions
A prior section 651, act July 30, 1953, ch. 282, Sec. 225, as added
Aug. 9, 1955, ch. 628, Sec. 14, 69 Stat. 551, prohibited duplication of
activities, and was omitted as superseded by section 647 of this title.
See Codification note set out under section 631 of this title.
Amendments
1994--Subsec. (a). Pub. L. 103-211 inserted at end ``, and shall
give priority to a proposal to restore an area determined to be a major
disaster by the President on a date not more than three years prior to
the fiscal year for which the application is made''.
Subsec. (e). Pub. L. 103-317 substituted ``fiscal years 1995 through
1997'' for ``fiscal years 1992 through 1994''.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(h) of this section relating to submitting annual report to Congress,
see section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance, and page 191 of House
Document No. 103-7.
