[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3933 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3933

To amend the Cooperative Forestry Assistance Act of 1978 to establish a 
program to provide assistance to States and nonprofit organizations to 
   preserve suburban forest land and open space and contain suburban 
                                sprawl.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2005

Mr. Fitzpatrick of Pennsylvania (for himself, Mr. Michaud, Mr. Saxton, 
 and Mr. Simmons) introduced the following bill; which was referred to 
                      the Committee on Agriculture

_______________________________________________________________________

                                 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 forest land and open space and contain suburban 
                                sprawl.

    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 Program Act of 2005''.

SEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM.

    The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et 
seq.) is amended by adding at the end the following new section:

``SEC. 21. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Committee.--The term `Committee' means a State Forest 
        Stewardship Coordinating Committee established under section 
        19(b).
            ``(2) Eligible entity.--The term `eligible entity' means a 
        unit of local government or a nonprofit organization that--
                    ``(A) the Secretary determines, in accordance with 
                the criteria established under subsection (c)(2)(B) is 
                eligible to receive a grant under subsection (d); and
                    ``(B) the State forester, in consultation with the 
                Committee, determines--
                            ``(i) has the abilities necessary to 
                        acquire and manage interests in real property; 
                        and
                            ``(ii) has the resources necessary to 
                        monitor and enforce any terms applicable to the 
                        eligible project.
            ``(3) Eligible project.--The term `eligible project' means 
        a fee purchase, easement, or donation of land to conserve 
        private forest land identified for conservation under 
        subsection (c)(2)(A).
            ``(4) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(5) Nonprofit organization.--The term `nonprofit 
        organization' means any organization that is--
                    ``(A) described in section 501(c) of the Internal 
                Revenue Code of 1986; and
                    ``(B) exempt from taxation under 501(a) of the 
                Internal Revenue Code of 1986.
            ``(6) Private forest land.--The term `private forest land' 
        means land that----
                    ``(A) consists of at least 50 percent forest cover, 
                with the remainder made up of--
                            ``(i) compatible non-forest uses, including 
                        cultivated farmlands, pastures, orchards, shrub 
                        lands, grasslands, wetlands, or open waters; or
                            ``(ii) preexisting structures that are 
                        inseparable from the landholding and do not 
                        have a detrimental effect on conservation 
                        values;
                    ``(B) is capable of producing commercial forest 
                products; and
                    ``(C) is owned by a private entity or an Indian 
                tribe.
            ``(7) Program.--The term `program' means the Suburban and 
        Community Forestry and Open Space Program established by 
        subsection (b).
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
    ``(b) Establishment and Purpose.--There is established within the 
Forest Service a program to be known as the `Suburban and Community 
Forestry and Open Space Program'. The purpose of the program is to 
provide assistance to eligible entities to carry out eligible projects 
in States in which less than 25 percent of the land is owned by the 
United States to--
            ``(1) conserve private forest land and maintain working 
        forests in areas threatened by significant suburban sprawl or 
        by conversion to nonforest uses;
            ``(2) provide communities a means by which to address 
        significant suburban sprawl; and
            ``(3) support primary and secondary value-added forest 
        products industries and employment in areas threatened by--
                    ``(A) significant suburban sprawl; or
                    ``(B) conversion to nonforest uses.
    ``(c) Identification of Eligible Private Forest Land and 
Entities.--
            ``(1) National criteria.--The Secretary shall establish 
        national eligibility criteria for the identification of private 
        forest land that may be conserved under this section.
            ``(2) State criteria.--Based on the criteria established 
        under paragraph (1), the State forester shall establish--
                    ``(A) criteria for the identification, subject to 
                paragraph (4), of private forest land in each State 
                that may be conserved under this section; and
                    ``(B) criteria for the identification of eligible 
                entities.
            ``(3) Consultation and approval.--The State criteria 
        required under paragraph (2) shall be established in 
        consultation with the Committee and shall be subject to the 
        approval of the Secretary.
            ``(4) Conditions for eligible private forest land.--Private 
        forest land identified for conservation using the criteria 
        established under paragraph (2)(A) shall be land that--
                    ``(A) is located in a State in which less than 25 
                percent of the land is owned by the United States; and
                    ``(B) as determined by the State forester, in 
                consultation with the Committee and subject to the 
                approval of the Secretary--
                            ``(i) is located in an area that is 
                        affected, or threatened to be affected, by 
                        significant suburban sprawl, taking into 
                        account housing needs in the area; and
                            ``(ii) is threatened by present or future 
                        conversion to nonforest use.
    ``(d) Grant Program.--
            ``(1) Grants for eligible projects.--In carrying out the 
        program, the Secretary shall award competitive grants to 
        eligible entities to carry out eligible projects.
            ``(2) Public access.--Eligible entities are encouraged to 
        provide public access to land on which an eligible project is 
        carried out, consistent with State law and preexisting access 
        agreements.
    ``(e) Application and Stewardship Plan.--
            ``(1) Submission.--An eligible entity that seeks to receive 
        a grant under the program shall submit to the State forester--
                    ``(A) at such time and in such form as the 
                Secretary shall prescribe, an application for the grant 
                (including a description of any private forest land to 
                be conserved using funds from the grant and a 
                description of the extent of the threat of conversion 
                to nonforest use); and
                    ``(B) a stewardship plan that describes--
                            ``(i) the manner in which any private 
                        forest land to be conserved using funds from 
                        the grant will be managed in accordance with 
                        this section;
                            ``(ii) the manner in which the stewardship 
                        plan will be implemented; and
                            ``(iii) the public benefits, including 
                        economic and noneconomic benefits, to be 
                        achieved from implementation of the stewardship 
                        plan.
            ``(2) Assessment of need.--With respect to an application 
        submitted under paragraph (1)(A), the State forester shall--
                    ``(A) assess the need for preserving working 
                suburban forest land and open space and containing 
                suburban sprawl in the State, taking into account the 
                housing needs of the area in which the eligible project 
                is to be carried out; and
                    ``(B) submit the application and the assessment of 
                need to the Secretary.
    ``(f) Review of Applications.--
            ``(1) In general.--As soon as practicable after the date on 
        which the Secretary receives an application under subsection 
        (e), or a resubmission of an application under subparagraph 
        (B), the Secretary shall review the application and--
                    ``(A) award a grant to the applicant; or
                    ``(B) disapprove the application and provide the 
                applicant with a statement that describes the reasons 
                why the application was disapproved and specifies a 
                deadline by which the applicant may resubmit the 
                application under this subsection.
            ``(2) Considerations; priority.--In awarding grants under 
        the program, the Secretary shall--
                    ``(A) consider the need for the eligible project 
                based on the assessment of need submitted under 
                subsection (e)(2) and subject to the criteria 
                established under subsection (c); and
                    ``(B) give priority to applicants that propose to 
                fund eligible projects that promote--
                            ``(i) the preservation of suburban forest 
                        land and open space;
                            ``(ii) the containment of suburban sprawl;
                            ``(iii) the sustainable management of 
                        private forest land;
                            ``(iv) community involvement in determining 
                        the objectives for eligible projects that are 
                        funded under this section;
                            ``(v) primary and secondary value-added 
                        forest products industries and employment;
                            ``(vi) the protection of water, wildlife, 
                        scenic and recreational resources; and
                            ``(vii) the protection of forestlands 
                        recognized as conservation priorities within 
                        Federal, regional, State, or local watershed, 
                        open space, or other resource protection plans.
    ``(g) Cost Sharing.--
            ``(1) In general.--The amount of a grant awarded under the 
        program to carry out an eligible project shall not exceed 50 
        percent of the total cost of the eligible project.
            ``(2) Assurances.--As a condition of receipt of a grant 
        under the program, an eligible entity shall provide to the 
        Secretary such assurances as the Secretary determines are 
        sufficient to demonstrate that the share of the cost of each 
        eligible project that is not funded by the grant awarded under 
        this section has been secured.
            ``(3) Form.--The share of the cost of carrying out any 
        eligible project that is not funded by a grant awarded under 
        the program may be provided in cash or in kind (including a 
        donation of land).
    ``(h) Use of Grant Funds for Purchases of Land or Easements.--
            ``(1) Purchases.--
                    ``(A) Purchase at fair market value.--Except as 
                provided in subparagraph (B), funds made available, and 
                grants awarded, under the program 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) Purchase 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, in 
        consultation with the State, by--
                    ``(A) a State;
                    ``(B) a unit of local government; or
                    ``(C) a nonprofit organization.
            ``(3) Termination of easement.--Except as provided in 
        paragraph (4), all right, title, and interest of a unit of 
        local government or nonprofit organization in and to a 
        conservation easement purchased under paragraph (1) shall 
        terminate and vest in the State if the State determines that--
                    ``(A) the unit of local government or nonprofit 
                organization is unable or unwilling to enforce the 
                terms of the conservation easement; or
                    ``(B) the conservation easement has been modified 
                in a way that is inconsistent with the purposes of the 
                program.
            ``(4) Conveyance to another unit of local government or 
        nonprofit organization.--If a State makes a determination under 
        paragraph (3), the State may convey or authorize the unit of 
        local government or nonprofit organization to convey the 
        conservation easement to another unit of local government or 
        nonprofit organization.
    ``(i) Administrative Costs.--The State, on approval of the 
Secretary and subject to any regulations promulgated by the Secretary, 
may use amounts made available under subsection (k) to pay the 
administrative costs of the State relating to the program.
    ``(j) Report.--The Secretary shall submit to Congress a report on 
the eligible projects carried out under this section in accordance with 
section 8(c) of the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1606(c)).
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $50,000,000 for fiscal year 2006; and
            ``(2) such sums as are necessary for each fiscal year 
        thereafter.''.
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