[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.''.
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