§ 2105. — Urban and community forestry assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2105]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 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.
(Pub. L. 95-313, Sec. 9, formerly Sec. 6, July 1, 1978, 92 Stat. 369;
renumbered Sec. 9 and amended Pub. L. 101-624, title XII, Secs. 1215(1),
1219(a), Nov. 28, 1990, 104 Stat. 3525, 3533; Pub. L. 102-237, title X,
Sec. 1018(a)(3), Dec. 13, 1991, 105 Stat. 1905.)
Codification
November 28, 1990, referred to in subsec. (g)(3), was in the
original ``the date of enactment of this subsection'', which was
translated as meaning the date of enactment of Pub. L. 101-624, which
amended this section generally, to reflect the probable intent of
Congress.
Amendments
1991--Subsec. (g)(1)(C), (3)(E). Pub. L. 102-237,
Sec. 1018(a)(3)(A), (B), substituted ``subsection (f)'' for ``subsection
(e)''.
Subsec. (h)(1). Pub. L. 102-237, Sec. 1018(a)(3)(C), substituted
``subsection (g)'' for ``subsection (f)''.
Subsec. (h)(2). Pub. L. 102-237, Sec. 1018(a)(3)(D), substituted
``subsection (g)(3)'' for ``subsection (f)(3)''.
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions relating to Congressional findings
concerning urban forestry assistance, financial, technical, and related
assistance to State foresters or equivalent State officials to encourage
planning of urban forestry programs, and authorization of
appropriations.
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 2106b, 2109 of this title.
