S.Amdt. 2371
What it does: Replaces “Section 7” through “inserting the following:” at the section 8103 with new text
Sen. Jeff Merkley (D-OR)What it changes
1 change to S. 3240 · shown in the bill's text
Replaces “Section 7” through “inserting the following:” at the section 8103 with new text
ReplacesIn S. 3240 · Placed on Calendar Senate
SEC. 8103. FOREST LEGACY PROGRAM.
Section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is amended
[struck: by striking subsection (m) and inserting the following:][inserted: --]Inserted: (1) in subsection (l), by adding at the end the following:
Inserted: "(4) State authorization.--
Inserted: "(A) Definition of qualified organization.--In this paragraph, a 'qualified organization' means an organization--
Inserted: "(i) defined in section 170(h)(3) of the Internal Revenue Code of 1986; and
Inserted: "(ii) organized for 1 or more of the purposes described in section 170(h)(4)(A) of that Code.
Inserted: "(B) Authorization.--The Secretary shall, at the request of a State acting through the State lead agency, authorize the State to allow qualified organizations to acquire, hold, and manage conservation easements, using funds provided through grants to the State under this subsection, for purposes of the Forest Legacy Program in the State.
Inserted: "(C) Eligibility.--To be eligible to acquire and manage conservation easements under this paragraph, a qualified organization shall demonstrate to the Secretary 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.
Inserted: "(D) Reversion.--
Inserted: "(i) In general.--If the Secretary, or a State acting through the State lead agency, makes any of the determinations described in clause (ii) with respect to a conservation easement acquired by a qualified organization under subparagraph (B)--
Inserted: "(I) all right, title, and interest of the qualified organization in and to the conservation easement shall terminate; and
Inserted: "(II) all right, title, and interest in and to the conservation easement shall revert to the State or other qualified designee approved by the State.
Inserted: "(ii) Determinations.--The determinations referred to in clause (i) are that--
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Inserted: "(I) the qualified organization is unable to carry out the responsibilities of the qualified organization under the Forest Legacy Program in the State with respect to the conservation easement;
Inserted: "(II) the conservation easement has been modified or is being administered in a way that is inconsistent with the purposes of the Forest Legacy Program or the assessment of need for the State; or
Inserted: "(III) the conservation easement has been conveyed to another person (other than a qualified organization approved by the State and the Secretary)."; and
Inserted: (2) by striking subsection (m) and inserting the following:
"(m) Funding.--
Original wording
In section 8103, strike “Section 7” and all that follows through “inserting the following:” and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2371. Mr. MERKLEY (for himself and Ms. Collins) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:
In section 8103, strike “Section 7” and all that follows through “inserting the following:” and insert the following:
Section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is amended--
(1) in subsection (l), by adding at the end the following:
“(4) State authorization.--
“(A) Definition of qualified organization.--In this paragraph, a ‘qualified organization' means an organization--
“(i) defined in section 170(h)(3) of the Internal Revenue Code of 1986; and
“(ii) organized for 1 or more of the purposes described in section 170(h)(4)(A) of that Code.
“(B) Authorization.--The Secretary shall, at the request of a State acting through the State lead agency, authorize the State to allow qualified organizations to acquire, hold, and manage conservation easements, using funds provided through grants to the State under this subsection, for purposes of the Forest Legacy Program in the State.
“(C) Eligibility.--To be eligible to acquire and manage conservation easements under this paragraph, a qualified organization shall demonstrate to the Secretary 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) Reversion.--
“(i) In general.--If the Secretary, or a State acting through the State lead agency, makes any of the determinations described in clause (ii) with respect to a conservation easement acquired by a qualified organization under subparagraph (B)--
“(I) all right, title, and interest of the qualified organization in and to the conservation easement shall terminate; and
“(II) all right, title, and interest in and to the conservation easement shall revert to the State or other qualified designee approved by the State.
“(ii) Determinations.--The determinations referred to in clause (i) are that--
“(I) the qualified organization is unable to carry out the responsibilities of the qualified organization under the Forest Legacy Program in the State with respect to the conservation easement;
“(II) the conservation easement has been modified or is being administered 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 a qualified organization approved by the State and the Secretary).”; and
(2) by striking subsection (m) and inserting the following:
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Senate amendment submitted
June 12, 2012