[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1633 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1633
To amend the Cooperative Forestry Assistance Act of 1978 to establish a
program to provide assistance to States and nonprofit organizations to
preserve suburban open space and contain suburban sprawl, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 5, 2001
Ms. Collins introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Cooperative Forestry Assistance Act of 1978 to establish a
program to provide assistance to States and nonprofit organizations to
preserve suburban open space and contain suburban sprawl, and for other
purposes.
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 Initiative Act of 2001''.
SEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE.
The Cooperative Forestry Assistance Act of 1978 is amended by
inserting after section 7 (16 U.S.C. 2103c) the following:
``SEC. 7A. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
State (including a political subdivision) or nonprofit
organization that the Secretary determines under subsection
(c)(1)(A)(ii) is eligible to receive a grant under subsection
(c)(2).
``(2) Indian tribe.--The term `Indian tribe'--
``(A) in the case of the State of Alaska, means a
Native corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602));
and
``(B) in the case of any other State, has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
``(3) Private forest land.--The term `private forest land'
means land that is--
``(A)(i) covered by trees; or
``(ii) suitable for growing trees, as determined by
the Secretary;
``(B) suburban, as determined by the Secretary; and
``(C) owned by--
``(i) a private entity; or
``(ii) an Indian tribe.
``(4) Program.--The term `program' means the Suburban and
Community Forestry and Open Space Initiative established by
subsection (b).
``(5) 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 Initiative'.
``(2) Purpose.--The purpose of the program is to provide
assistance to eligible entities to carry out projects and
activities to--
``(A) identify and preserve private forest land;
and
``(B) contain suburban sprawl.
``(c) Grant Program.--
``(1) Identification of eligible private forest land.--
``(A) In general.--The Secretary, in consultation
with State foresters or equivalent State officials and
State planning offices, shall establish criteria for--
``(i) the identification, subject to
subparagraph (B), of private forest land in
each State that may be preserved under this
section; and
``(ii) the identification of eligible
entities.
``(B) Conditions for eligible private forest
land.--Private forest land identified for preservation
under subparagraph (A)(i) shall be land that is--
``(i) located in an area that is affected,
or threatened to be affected, by significant
suburban sprawl, as determined by the
appropriate planning office of the State in
which the private forest land is located; and
``(ii) threatened by present or future
conversion to nonforest use.
``(2) Grants.--
``(A) Projects and activities.--
``(i) In general.--In carrying out this
section, the Secretary shall award grants to
eligible entities to carry out a project or
activity described in clause (ii).
``(ii) Types.--A project or activity
referred to in clause (i) is a project or
activity that--
``(I) is carried out to preserve
private forest land or contain suburban
sprawl; and
``(II) provides for guaranteed
public access to land on which the
project or activity is carried out,
unless the appropriate State planning
office requests, and provides
justification for the request, that
that requirement be waived.
``(B) Application.--An eligible entity that seeks
to receive a grant under this section shall submit to
the Secretary, in such form as the Secretary shall
prescribe, an application for the grant (including a
description of any private forest land to be preserved
using funds from the grant).
``(C) 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 (B) or a resubmission under
subclause (II)(bb), the Secretary shall--
``(I)(aa) approve the application;
and
``(bb) award a grant to the
applicant; or
``(II)(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) Priority.--In awarding grants under
this section, the Secretary shall give priority
to applicants that propose to fund projects and
activities that promote, in addition to the
primary purposes of preserving private forest
land and containing suburban sprawl--
``(I) the active management, in a
sustainable manner, of private forest
land;
``(II) community and school
education programs and curricula
relating to sustainable forestry; and
``(III) community involvement in
determining the care and management of
forest resources.
``(3) Cost sharing.--
``(A) In general.--The Federal share of the cost of
carrying out any project or activity using funds from a
grant awarded under this section shall not exceed \1/2\
of the total cost of the project or activity.
``(B) Assurances of non-federal share.--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 non-Federal share of the cost
of each project or activity to be funded by the grant
has been secured.
``(C) Form of non-federal share.--The non-Federal
share of the cost of carrying out any project or
activity described in subparagraph (A) may be provided
in cash or in kind.
``(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, by--
``(A) a State (including a political subdivision of
a State); or
``(B) a nonprofit organization.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $50,000,000 for fiscal year 2003; and
``(2) such sums as are necessary for each fiscal year
thereafter.''.
<all>