§ 2109. — General provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2109]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2109. General provisions
(a) Cooperative and coordinating requirements for implementation of
programs, etc.
In implementing this chapter, the Secretary shall, to the maximum
extent practicable--
(1) work through, cooperate with, and assist State foresters or
equivalent State officials;
(2) encourage cooperation and coordination between State
foresters or equivalent State officials and other State agencies
that manage renewable natural resources;
(3) use and encourage cooperators under this chapter to use,
private agencies, consultants, organizations, firms, and individuals
to furnish necessary materials and services; and
(4) promote effectiveness and economy by coordinating the direct
actions and assistance authorized under this chapter with related
programs the Secretary administers, and with cooperative programs of
other agencies.
(b) Availability of appropriations
Money appropriated under this chapter shall remain available until
expended.
(c) Consultation requirements for implementation of programs, etc.
Requirements for the development of State forest resources programs
and State participation in management assistance, planning assistance,
and technology implementation, the apportionment of funds among States
participating under this chapter, the administrative expenses in
connection with activities and programs under this chapter, and the
amounts to be expended by the Secretary to assist non-State cooperators
under this chapter, shall be determined by the Secretary in consultation
with a committee of not less than five State foresters or equivalent
State officials selected by a majority of the State foresters or
equivalent State officials from States participating in programs under
this chapter. However, the Secretary need not consult with such
committee regarding funds to be expended under emergency conditions that
the Secretary may determine.
(d) Definitions
For the purposes of this chapter--
(1) The terms ``United States'' and ``State'' shall include each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States, the
Commonwealth of the Northern Mariana Islands, the Trust Territory of
the Pacific Islands, and the territories and possessions of the
United States;
(2) The term ``forest resources'' shall include esthetics, fish
and wildlife, forage, outdoor recreation opportunities, timber, and
water; and
(3) The term ``urban forestry'' means the planning,
establishment, protection, and management of trees and associated
plants, individually, in small groups, or under forest conditions
within cities, their suburbs, and towns.
(e) Rules and regulations
The Secretary may prescribe rules and regulations, as the Secretary
deems appropriate, to implement the provisions of this chapter.
(f) Granting, etc., authorities
The Secretary is authorized to make grants, agreements, contracts,
and other arrangements the Secretary deems necessary to implement this
chapter.
(g) Construction of statutory provisions
This chapter shall be construed as supplementing all other laws
relating to the Department of Agriculture and shall not be construed as
limiting or repealing any existing law or authority of the Secretary,
except as specifically cited in section 2111 of this title.
(h) Additional assistance
In addition to the authority provided elsewhere in this chapter, the
Secretary may provide assistance to other countries with respect to the
activities described in paragraphs (1) through (10) of section 2102(b)
of this title, paragraphs (1) through (5) of section 2104(b) \1\ of this
title, and paragraphs (1) through (3) of section 2105(b) of this title.
For the purposes of providing assistance to other countries under this
subsection, the term ``non-Federal forest land'' shall mean any forest
land and related renewable natural resources in such countries. In
providing the assistance authorized under this subsection, the Secretary
shall coordinate with other Federal officials, departments, agencies, or
international organizations, as the President may direct. The references
to ``State foresters or equivalent State officials'' in this chapter
shall not apply to the assistance provided by the Secretary to other
countries under this subsection.
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\1\ See References in Text note below.
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(Pub. L. 95-313, Sec. 13, formerly Sec. 10, July 1, 1978, 92 Stat. 373;
Pub. L. 101-513, title VI, Sec. 611(b)(3), formerly Sec. 607(b)(3), Nov.
5, 1990, 104 Stat. 2072, renumbered Sec. 611(b)(3), Pub. L. 102-574,
Sec. 2(a)(1), Oct. 29, 1992, 106 Stat. 4593; renumbered Sec. 13 and
amended Pub. L. 101-624, title XII, Secs. 1215(1), 1224(3), Nov. 28,
1990, 104 Stat. 3525, 3542.)
References in Text
Section 2104(b) of this title, referred to in subsec. (h), was in
the original a reference to section 7(b), meaning section 7(b) of Pub.
L. 95-313, which has been translated as reading section 8(b) of Pub. L.
95-313 as the probable intent of Congress. Section 7(b) of Pub. L. 95-
313, which is classified to section 2103c of this title, does not
contain pars. (1) to (5).
Prior Provisions
A prior section 13 of Pub. L. 95-313 was renumbered section 16 and
is classified to section 2111 of this title.
Amendments
1990--Subsec. (g). Pub. L. 101-624, Sec. 1224(3), made technical
amendment to reference to section 2111 of this title to reflect
renumbering of corresponding section of original act.
Subsec. (h). Pub. L. 101-513, which directed amendment of section 12
of Pub. L. 95-313 by adding a new subsec. (h), was executed to this
section to reflect the probable intent of Congress.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Section Referred to in Other Sections
This section is referred to in section 2106b of this title.
