Suburban and Community Forestry and Open Space Program Act of 2005

        [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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