[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 941 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 941

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 SENATE OF THE UNITED STATES

                             April 28, 2005

 Ms. Collins (for herself and Mr. Reed) 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 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; FOREST 
              LEGACY PROGRAM.

    (a) 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:

``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)(1)(A)(ii)(II) is eligible to receive a grant under 
                subsection (c)(2); 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)(1)(A)(ii)(I).
            ``(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 is--
                    ``(A) capable of producing commercial forest 
                products; and
                    ``(B) owned by--
                            ``(i) a private entity; or
                            ``(ii) 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.--
            ``(1) In general.--There is established within the Forest 
        Service a program to be known as the `Suburban and Community 
        Forestry and Open Space Program'.
            ``(2) Purpose.--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--
                    ``(A) conserve private forest land and maintain 
                working forests in areas threatened by significant 
                suburban sprawl or by conversion to nonforest uses;
                    ``(B) provide communities a means by which to 
                address significant suburban sprawl; and
                    ``(C) support primary and secondary value-added 
                forest products industries and employment in areas 
                threatened by--
                            ``(i) significant suburban sprawl; or
                            ``(ii) conversion to nonforest uses.
    ``(c) Grant Program.--
            ``(1) Identification of eligible private forest land.--
                    ``(A) Criteria.--
                            ``(i) National criteria.--The Secretary 
                        shall establish national eligibility criteria 
                        for the identification of private forest land 
                        that may be conserved under this section.
                            ``(ii) State criteria.--The State forester, 
                        in consultation with the Committee, shall, 
                        based on the criteria established under clause 
                        (i), and subject to the approval of the 
                        Secretary, establish criteria for--
                                    ``(I) the identification, subject 
                                to subparagraph (B), of private forest 
                                land in each State that may be 
                                conserved under this section; and
                                    ``(II) the identification of 
                                eligible entities.
                    ``(B) Conditions for eligible private forest 
                land.--Private forest land identified for conservation 
                under subparagraph (A)(ii)(I) shall be land that--
                            ``(i) is located in a State in which less 
                        than 25 percent of the land is owned by the 
                        United States; and
                            ``(ii) 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.
            ``(2) Grants.--
                    ``(A) Eligible projects.--
                            ``(i) In general.--In carrying out this 
                        section, the Secretary shall award competitive 
                        grants to eligible entities to carry out 
                        eligible projects.
                            ``(ii) 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.
                    ``(B) Application; stewardship plan.--An eligible 
                entity that seeks to receive a grant under this section 
                shall submit to the State forester--
                            ``(i) 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
                            ``(ii) 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.
                    ``(C) Assessment of need.--With respect to an 
                application submitted under subparagraph (B), the State 
                forester shall--
                            ``(i) 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
                            ``(ii) submit to the Secretary--
                                    ``(I) the application submitted 
                                under subparagraph (B); and
                                    ``(II) the assessment of need.
                    ``(D) 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 (C)(ii) or a resubmission under 
                        subclause (II)(bb)(BB), the Secretary shall--
                                    ``(I) review the application; and
                                    ``(II)(aa) award a grant to the 
                                applicant; or
                                    ``(bb)(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) Considerations; priority.--In 
                        awarding grants under this section, the 
                        Secretary shall--
                                    ``(I) consider the need for the 
                                eligible project based on the 
                                assessment of need submitted under 
                                subparagraph (C) and subject to any 
                                criteria under paragraph (1); and
                                    ``(II) give priority to applicants 
                                that propose to fund eligible projects 
                                that promote--
                                            ``(aa) the preservation of 
                                        suburban forest land and open 
                                        space;
                                            ``(bb) the containment of 
                                        suburban sprawl;
                                            ``(cc) the sustainable 
                                        management of private forest 
                                        land;
                                            ``(dd) community 
                                        involvement in determining the 
                                        objectives for eligible 
                                        projects that are funded under 
                                        this section;
                                            ``(ee) community and school 
                                        education programs and 
                                        curricula relating to 
                                        sustainable forestry; and
                                            ``(ff) primary and 
                                        secondary value-added forest 
                                        products industries and 
                                        employment.
            ``(3) Cost sharing.--
                    ``(A) In general.--The amount of a grant awarded 
                under this section to carry out an eligible project 
                shall not exceed 50 percent of the total cost of the 
                eligible project.
                    ``(B) Assurances.--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 share of the cost of each eligible project that is 
                not funded by the grant awarded under this section has 
                been secured.
                    ``(C) Form.--The share of the cost of carrying out 
                any eligible project described in subparagraph (A) that 
                is not funded by a grant awarded under this section may 
                be provided in cash or in kind (including a donation of 
                land).
    ``(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, in 
        consultation with the State, by--
                    ``(A) a State;
                    ``(B) a unit of local government; or
                    ``(C) a nonprofit organization.
            ``(3) Termination of easement.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), all right, title, and interest of a 
                unit of local government or nonprofit organization in 
                and to a conservation easement shall terminate and vest 
                in the State if the State determines that--
                            ``(i) the unit of local government or 
                        nonprofit organization is unable or unwilling 
                        to enforce the terms of the conservation 
                        easement; or
                            ``(ii) the conservation easement has been 
                        modified in a way that is inconsistent with the 
                        purposes of the program.
                    ``(B) Conveyance to another unit of local 
                government or nonprofit organization.--If the State 
                makes a determination under subparagraph (A), 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.
    ``(e) 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 (g) to pay the 
administrative costs of the State relating to the program.
    ``(f) 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)).
    ``(g) 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.''.
    (b) Forest Legacy Program.--Section 7 of the Cooperative Forestry 
Assistance Act of 1978 (16 U.S.C. 2103c) is amended--
            (1) in subsection (c), by striking the last sentence;
            (2) in subsection (i), by striking ``subsection (b)'' and 
        inserting ``this section'';
            (3) in subsection (j)(1), by inserting ``(other than by 
        donation)'' after ``acquired'';
            (4) in subsection (k)(2), by striking ``the United States 
        or its'' and inserting ``the United States, a State, or other 
        entity, or their''; and
            (5) in subsection (l), by adding at the end the following:
            ``(4) State authorization.--
                    ``(A) Definition of state forester.--The term 
                `State forester' has the meaning given the term in 
                section 4(k).
                    ``(B) In general.--Notwithstanding subsection (c) 
                and paragraph (2)(B), the Secretary shall, on request 
                by a State, authorize the State to allow a qualified 
                organization (as defined in section 170(h)(3) of the 
                Internal Revenue Code of 1986) and that is organized 
                for at least 1 of the purposes described in section 
                170(h)(4)(A) of that Code, using amounts granted to a 
                State under this paragraph, to acquire 1 or more 
                conservation easements to carry out the Forest Legacy 
                Program in the State.
                    ``(C) Eligibility.--To be eligible to acquire and 
                manage conservation easements under this paragraph, a 
                qualified organization described in subparagraph (B) 
                shall, as determined by the Secretary, acting through 
                the State forester, demonstrate the abilities necessary 
                to acquire, monitor, and enforce interests in forest 
                land consistent with the Forest Legacy Program and the 
                assessment of need for the State.
                    ``(D) Monitoring and enforcement.--
                            ``(i) In general.--A qualified organization 
                        that acquires a conservation easement under 
                        this paragraph shall be responsible for 
                        monitoring and enforcing the terms of the 
                        conservation easement and any of the costs of 
                        the qualified organization associated with such 
                        monitoring and enforcement.
                            ``(ii) Contingent rights.--If a qualified 
                        organization that acquires a conservation 
                        easement under this paragraph fails to enforce 
                        the terms of the conservation easement, as 
                        determined by the State, the State or the 
                        Secretary shall have the right to enforce the 
                        terms of the conservation easement under 
                        Federal or State law.
                            ``(iii) Amendments.--Any amendments to a 
                        conservation easement that materially affect 
                        the terms of the conservation easement shall be 
                        subject to approval by the Secretary or the 
                        State, as appropriate.
                    ``(E) Termination of easement.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), all right, title, and interest of 
                        a qualified organization described in 
                        subparagraph (B) in and to a conservation 
                        easement shall terminate and vest in the State 
                        or a qualified designee if the State determines 
                        that--
                                    ``(I) the qualified organization 
                                fails to enforce the terms of the 
                                conservation easement;
                                    ``(II) the conservation easement 
                                has been modified in a way that is 
                                inconsistent with the purposes of the 
                                Forest Legacy Program or the assessment 
                                of need for the State; or
                                    ``(III) the conservation easement 
                                has been conveyed to another person 
                                (other than to a qualified 
                                organization).
                            ``(ii) Conveyance to another qualified 
                        organization.--If the State makes a 
                        determination under clause (i), the State may 
                        convey or authorize the qualified organization 
                        to convey the conservation easement to another 
                        qualified organization.
                    ``(F) Implementation.--The Secretary, acting 
                through the State forester, shall implement this 
                paragraph in accordance with the assessment of need for 
                the State as approved by the Secretary.''.
                                 <all>