Untitled

1990 Farm Bill

(Forest Stewardship Act of 1990)

* Act of November 28, 1990 (P.L. 101-624, Title XII, Chapter 5, 104 Stat. 3521, 16 U.S.C. 582a, 582a-8, 1648, 1642(note), 1647a, 2101(note), 2106a, 2112(note), 6601(note))

Note-Technical amendments of P.L. 102-237 are included herein.

TITLE XII - STATE AND PRIVATE FORESTRY

Short Title

Sec. 1201. This title may be cited as the "Forest Stewardship Act of 1990". (16 U.S.C. 2101(note))

SUBTITLE A - COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978

Note-Subtitle A, Cooperative Forestry Assistance Act of 1978 amends the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.). Those amendments are included in that Act, P.L. 95-313 and excluded here.

Section 1219(b) amends the Re-newable Resources Extension Act of 1978 (16 U.S.C. 1672(a)). Those amendments are included in that Act, P.L. 95-306.

SUBTITLE B - RESEARCH AND EDUCATION

CHAPTER 1-GENERAL RE-SEARCH PROGRAMS

McIntire-Stennis Research Pro-gram

Sec. 1231. It is the sense of Congress to reaffirm the importance of Public Law 87-788 (16 U.S.C. 582a et seq.) commonly known as the McIntire-Stennis Cooperative Forestry Act. (16 U.S.C. 582a-8 (note))

Competitive Forestry, Natural Resources, and Environmental Grants Program

Sec. 1232. (a) Establishment.- The Secretary of Agriculture (here-af-ter referred to in this section as the "Secretary") shall establish a competi-tive forestry, natural resourc-es, and environmental grant program to award grants for the conduct of research as described in subsection (c).

(b) Eligible Entities.-To be eligi-ble to receive a grant under subsec-tion (a), an entity shall-

(1) be a State agricultural experiment station, a college or university, a research institution or organization, a Federal agency, a private organization, or a corporation that has a demonstrable capacity to conduct forestry, natural re-sources, and environmental research as determined by the Secretary; and

(2) prepare and submit to the Secretary, an application at such time, in such manner, and contain-ing such information as the Secre-tary shall require, including the proposed use of the amounts that may be received under a grant.

(c) Use.-In awarding the initial grants under subsection (a) the Secretary shall give priority to ap-plicants who will use such grants for research concerning-

(1) the biology of forest organ-isms, including physiology, genetic mechanisms, and biotechnology;

(2) ecosystem function and management, including forest eco-system research, biodiversity, forest productivity, pest management, water resources, and alternative silvicultural systems;

(3) wood as a raw material, including forest products and har-vesting;

(4) human forest interactions, including outdoor recreation, public policy formulation, economics, sociology, and administrative behav-ior;

(5) international trade, compe-tition, and cooperation related to forest products;

(6) alternative native crops, products, and services that can be produced from renewable natural resources associated with privately held forest lands;

(7) viable economic production and marketing systems for alternative natural resource products and services;

(8) economic and environmen-tal benefits of various conservation practices on forest lands;

(9) genetic tree improvement; and

(10) market expansion.

(d) Facilities and Equipment.-

(1) Authority.-Grants made under this section may be used to update research facilities and equip-ment available to facilitate the con-duct of state-of-the-art research in forestry, natural resources, and the environment.

(2) Priorities and criteria.-The Secretary, in consultation with the Cooperative Forestry Research Council appointed under section 5(b) of Public Law 87-788 (16 U.S.C. 582e(b)), may develop crite-ria and priorities for the awarding of grants for use under paragraph (1).

(e) Recommendations.-The Sec-retary shall request the Cooperative Forestry Research Council referred to in subsection (d)(2) to provide recommen-da-tions regarding grant priorities.

(f) Term.-The Secretary may make grants under this section for periods of not to exceed 5 years.

(g) Authorization of Appropria-tions.-There are authorized to be appropriated such sums as may be necessary to carry out this section.

CHAPTER 2-SPECIALIZED RESEARCH

Research and Utilization

Sec. 1241. (a) Reforestation Research; Appropriations; Private Forestry. Section 3 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642) is amended-

Note-Section 1241(a) and (b) amendments are included in the Forest and Rangeland Renewable Resources Research Act of 1978, P.L. 95-307 and excluded here.

(1) In general.-The Secretary of Agriculture is authorized to con-tinue the Modern Timber Bridge Ini-tiative to provide Federal funds, on a cost share basis as determined by the Secretary, for the construc-tion of demon-stration bridges, mod-ern bridge technology transfer pro-jects, and conferenc-es.

(2) Appropriations.-There are hereby authorized to be appropriat-ed annually $5,000,000 to carry out this subsection.

(d) Forestry Research Needs As-sessments.-Within 6 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Commit-tee on Agriculture, Nutri-tion, and Forestry of the Senate a report that responds to the recom-mendations contained in the report of the Nation-al Research Council entitled "Forest-ry Research: A Mandate for Change". The report shall include-

(1) an assessment of the capa-bility of current forestry research programs to address research areas specified in the report, including research on ecosystem functions and management;

(2) an evaluation of alterna-tives to current organizational frameworks for providing guidance to forestry research programs and establishing research priorities, including the establishment of a National Forestry Research Council; and

(3) recommendations for changes in current forestry research programs, including levels of re-s-earch funding, that may be needed to address existing deficiencies. (16 U.S.C. 1648)

Southern Forest Regeneration Program

Sec. 1242. (a) Establishment.- The Secretary of Agriculture shall make a grant to a State for the es-tab-lishment, within such State, of a center, to be known as the "South-ern Forest Regeneration Cen-ter" (here--after referred to in this section as the "Center"), to study forest regeneration problems and forest productivity in the southern region of the United States.

(b) Duties of Center.-The Cen-ter shall study forest regeneration prob-lems and forest productivity in the southern region of the United States, including-

(1) nursery management con-cerns that will lead to improved seedling quality;

(2) forest management practic-es that account for environmental stresses; and

(3) the development of low- cost forest regeneration meth-ods that provide options for wood products, species diversity, wildlife habitat, and production of clean air and water.

(c) Establishment of Other Pro-grams.-The Secretary of Agricul-ture may establish other programs in other regions of the United States, or a comprehensive National pro-gram, to carry out the purposes of this section as the Secretary deter-mines appropriate.

(d) Authorization of Appropria-tions.-There are authorized to be appropriated such sums as may be necessary to carry out this section. (16 U.S.C. 1642(note))

Semiarid Agroforestry Research Center

Sec. 1243. (a) Semiarid Agro-forestry Research, Development, and Demonstration Center.-The Secre-tary of Agriculture shall establish at the Forestry Sciences Laboratory of the United States Forest Service, in Lincoln, Nebraska, a Semiarid Agroforestry Research, Develop-ment, and Demonstra-tion Center (hereafter referred to in this section as the "Center") and appoint a Di-rector to manage and coordinate the program established at the Cen-ter under subsection (b).

(b) Program.-The Secretary shall establish a program at the Center and seek the participation of Federal or State governmental enti-ties, land--grant colleges or universi-ties, State agricultural experiment stations, State and private foresters, the National Arbor Day Foundation, and other nonprofit foundations in such program to conduct or assist re-search, investiga-tions, studies, and surveys to-

(1) develop sustainable agro-forestry systems on semiarid lands that minimize topsoil loss and water contamination and stabilize or en-hance crop productivity;

(2) adapt, demonstrate, docu-ment, and model the effectiveness of agroforestry systems under different farming systems and soil or climate conditions;

(3) develop dual use agrofor-estry systems compatible with para-graphs (1) and (2) which would provide high-value forestry products for commer-cial sale from semiarid land;

(4) develop and improve the drought and pest resistance charac-teristics of trees for conservation forestry and agroforestry applica-tions in semiarid regions, including the introduction and breeding of trees suited for the Great Plains region of the United States;

(5) develop technology transfer programs that increase farmer and public acceptance of sustainable agroforestry systems;

(6) develop improved wind-break and shelterbelt technologies for drought preparedness, soil and water conservation, environmental quality, and biological diversity on semiarid lands;

(7) develop technical and economic concepts for sustainable agroforestry on semiarid lands, including the conduct of economic analyses of the costs and benefits of agroforestry systems and the devel-opment of models to predict the economic benefits under soil or climate conditions;

(8) provide international lead-ership in the development and ex-change of agroforestry practices on semiarid lands worldwide;

(9) support research on the effects of agroforestry systems on semiarid lands in mitigating non-point source water pollution;

(10) support research on the design, establishment, and mainte-nance of tree and shrub plantings to regulate the deposition of snow along roadways; and

(11) conduct sociological, demographic, and economic studies as needed to develop strategies for increasing the use of forestry con-servation and agroforestry practices.

(c) Information Collection and Dissemination.-The Secretary shall establish at the Center a program, to be known as the National Clearing-house on Agroforestry Conservation and Promotion to- (1) collect, analyze, and dis-seminate information on agro-forestry conservation technologies and practices; and

(2) promote the use of such information by landowners and those organizations associated with forestry and tree promotion.

(d) Authorization of Appropria-tions.-There are authorized to be appropriated $5,000,000 annually to carry out this section. (16 U.S.C. 1642(note))

Forest Land Protection

Sec. 1244. (a) Northern Forest Lands.-In furtherance of Public Law 100-446, the Secretary of Agri-culture (hereafter in this section referred to as the "Secretary") is authorized to continue support for the study of changing land owner-ship and management patterns in the northern forest lands of Maine, New Hampshire, Vermont, and New York.

(b) New York-New Jersey High-lands.-

(1) In general.-The Secretary is authorized to conduct a study of the region known as the New York-New Jersey Highlands, located in the States of New York, New Jersey, and Pennsylvania, including the Sterling Forest in Orange Coun-ty, New York.

(2) Scope of study.-The study authorized under this subsection (hereafter in this subsection referred to as the "study") shall include an identification and assessment of-

(A) the physiographic boun-daries of the region referred to in this subsection (hereafter in this subsection referred to as the "re-gion");

(B) forest resources of the region, including (but not limited to) timber and other forest products, fish and wildlife, lakes and rivers, and recreation;

(C) historical land owner-ship patterns in the region and pro-jected future land ownership, man-agement, and use, including future recreational demands and deficits and the potential economic benefits of recreation to the region;

(D) the likely impacts of changes in land and resource owner-ship, management, and use on tradi-tional land use patterns in the re-gion, including economic stability and employment, public use of private lands, natural integrity, and local culture and quality of life; and

(E) alternative conservation strategies to protect the long-term integrity and traditional uses of lands within the region.

(3) Alternative conservation strategies.-The alternative conser-va-tion strategies referred to in para-graph (2)(E) shall include a consid-eration of-

(A) sustained flow of re-newable resources in a combination that will meet the present and future needs of society;

(B) public access for recre-ation;

(D) preservation of biologi-cal diversity and critical natural areas; and

(E) new local, State, or Federal designations.

(4) Public participation.-In conducting the study, the Secretary shall provide an opportunity for public participation.

(5) Appropriations.-There are hereby authorized to be appropriat-ed $250,000 to carry out this subsec-tion. (16 U.S.C 1642(note))

Presidential Commission on State and Private Forests

Sec. 1245. (a) Establishment.- The President shall establish a Com-mis-sion on State and Private Forests (hereafter in this section referred to as the "Commission" which shall assess the status of the State and private forest lands of the United States, the problems affecting these lands, and the potential contribution of these lands to the renewable natural resource needs of the United States associated with their im-proved management and protection.

(b) Composition.-The Commis-sion shall be composed of 25 mem-bers to be appointed by the Presi-dent, including Federal, State, and local officials, timber industry repre-sentatives, nonindustrial private forest landowners, conservationists, and community leaders. No more than five members shall be appoint-ed from any one State. Not fewer than 20 members shall be appointed by the President from nominations submitted by the following Members of Congress:

(1) The chairman of the Com-mittee on Agriculture of the House of Representatives.

(2) The ranking minority mem-ber of the Committee on Agriculture of the House of Representatives.

(3) The chairman of the Com-mittee on Agriculture, Nutrition, and Forestry of the Senate.

(4) The ranking minority mem-ber of the Committee on Agricul-ture, Nutrition, and Forestry of the Senate.

(c) Vacancy.-A vacancy on the Commission shall be filled by ap-point-ment by the President in the manner provided in subsection (b).

(d) Chairperson.-The Commis-sion shall elect a chairperson from among the members of the Commis-sion by a majority vote.

(e) Meetings.-The Commission shall meet at the call of the chair-per-son or a majority of the members of the Commission.

(f) Duties.

(1) Study.-The Commission shall conduct a study that shall include-

(A) an assessment using existing inventories of the current status of the State and private forest lands of the United States, includ-ing-

(i) ownership status and past and future trends;

(ii) the production of timber and nontimber resources from such lands; and

(iii) landowner attitudes toward the protection and management of these lands;

(B) a review of the prob-lems affecting the State and private forest lands of the United States, including-

(i) resource losses to in-sects, disease, fire, and damaging weather;

(ii) inadequate reforestation;

(iii) fragmentation and con-version of the forest land base; and

(iv) management options;

(D) administrative and legis-lative recommendations for address-ing the problems and capitalizing on the potential of these lands for con-tribut-ing to the renewable natural resource needs of the United States.

(2) Findings and recommenda-tions.-On the basis of its study, the Commission shall make findings and develop recommendations for consideration by the President with respect to the future demands placed on State and private forests in meet-ing both commodity and non-commodity needs of the United States in anticipation of impending changes in the management of the national forests, especially with regard to timber harvest. This as-sessment should focus on the role of State and private forest lands and help to identify means of improving their contribution to meeting the timber and nontimber needs of the United States.

(3) Report.-The Commission shall submit to the President, not later than December 1, 1992, a report containing its findings and recommen-da-tions. The President shall submit the report to the Com-mittee on Agriculture of the House of Representatives and the Commit-tee on Agriculture, Nutrition, and Forestry of the Senate, and the report is authorized to be printed as a House Document.

(g) Operations in General.-

(1) Agency cooperation.-The heads of executive agencies, the General Accounting Office, the Office of Technology Assessment, and the Congres-sional Budget Of-fice shall cooperate with the Com-mission.

(2) Compensation.-Members of the Commission shall serve with-out compensation for work on the Commission. While away from their homes or regular places of business in the performance of duties of the Commis-sion, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermit-tently in the Government service under section 5703 of title 5 of the United States Code.

(3) Director.-To the extent there are sufficient funds available to the Commission and subject to such rules as may be adopted by the Commis-sion, the Commission, with-out regard to the provisions of title 5 of the United States Code govern-ing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to the classification and General Schedule pay rates, may-

(A) appoint and fix the compensation of a director; and

(B) appoint and fix the compensation of such additional personnel as the Commission deter-mines necessary to assist it to carry out its duties and functions.

(4) Staff and services.-On the request of the Commission, the heads of executive agencies, [and] the Comptroller General [may fur-nish] the Commission with such office, personnel or support services as the head of the agency, or office, and the chairperson of the Commis-sion agree are necessary to assist the Commission to carry out its duties and functions. The Commis-sion shall not be required to pay, or reimburse, any agency for office, personnel or support services pro-vided by this subsection.

(5) Exemptions.-

(A) FACA.-The Commis-sion shall be exempt from sections 7(d), 10(e), 10(f), and 14 of the Federal Advisory Committee Act (5 U.S.C. App. 2, 1 et seq.). (B) Title 5.-The Commis-sion shall be exempt from the re-quire-ments of sections 4301 through 4305 of title 5 of the United States Code.

(h) Authorization of Appropria-tions and Spending Authority.-

(1) Authorization of appropria-tions.-There is authorized to be appropriated such sums as are nec-essary to implement this section.

(2) Spending authority.-Any spending authority (as defined in section 401 of the Congressional Budget Act of 1974) provided in this title shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.

(i) Termination.-The Presiden-tial Commission on State and Pri-vate Forests shall cease to exist 90 days following the submission of its report to the President. (16 U.S.C. 1601(note))

Blue Mountain Natural Resource Institute

Sec. 1246. (a) Findings.-The Congress finds that-

(1) the forests and rangelands in the States of Washington and Oregon east of the Cascade Crest do not yield their productive capacity of multiple products, services and benefits, yet these forests and range-lands are expected to yield more;

(2) these forests are among the most insect infested and disease infected in North America due to previous management practices, including the exclusion of fire and past management treatments, which have allowed these forests to be-come overstocked or to succeed to pest-susceptible forest types;

(3) forage productivity of these forests and rangelands is reduced due to the spread of nonactive grasses, juniper, and noxious weeds;

(4) the unprecedented build-up of fuel loads in these forests places them under continual threat of catastrophic fire;

(5) losses due to insects, dis-ease, and fire and reduced produc-tivity of these forests and rangelands have far reaching environmental and economic consequences to local communities and a region entirely dependent on land-based resources; and

(6) concerns over global cli-mate change, water quality and quantity, air quality, fish and wild-life habitat, biodiversity, long-term forest and rangeland health and productivity, welfare of resource-dependent communi-ties and region-al economies, catastrophic fire, and scenic quality of landscapes set the dimensions of multifaceted resourc-es issued which are straining the effectiveness of policy makers and land managers.

(b) Establishment of Research and Demonstration Program.-The Secretary of Agriculture shall estab-lish, plan, and initiate a research, development, and application pro-gram for the forests and rangelands of the States of Oregon and Wash-ington located east of the Cascade Crest which shall address research, development, and application needs of the Blue Mountain area in Wash-ing-ton and Oregon. The program, through research, technology devel-opment and application, and public involvement, shall-

(1) compile and develop basic biological and ecological informa-tion to improve forest and rangeland health and vigor;

(2) focus research on joint management and production of timber, wildlife, grazing, fish, water quality, and recreation;

(3) stimulate cooperative research between universities and Federal and State agencies;

(4) identify and evaluate op-portunities to enhance the long-term economic and social benefits derived from the region's forest and rangeland resources in concert with county and regional economic strat-egies;

(5) convert results of research into technology development prod-ucts and apply new information in a timely manner;

(6) develop technology to guide intensive multiresource man-age-ment and policy decisions for sustaining long-term productivity and ecological values into the early decades of the 21st century;

(7) develop new technologies that will enable forest and range managers to maximize multiresource benefits and minimize the hazards of fire, insect, and disease out-breaks;

(8) develop forest management practices for use by land managers and landowners that are appropriate at the wildland-urban interface and in concert with public values for these areas;

(9) demonstrate the application of technology and resource knowl-edge on specific management areas; and

(10) establish mutually benefi-cial relations with the public to inform them regarding research and technology development and new management directions and to obtain feedback.

(c) Partnership.-The Secretary of Agriculture shall establish and carry out the program under subsection (b) in consultation and cooperation with Federal, State, and local agencies, universities, and the private sector. In addition, the Secretary of Agriculture shall establish an advisory committee representing broad interests and perspectives to assist in the formulation of plans for implementing the program. (16 U.S.C. 1601(note))

International Forest Products Trade Institute

Sec. 1247. (a) Establishment.- The Secretary of Agriculture may establish an International Forest Products Trade Institute (hereafter in this section referred to as the "Institute").

(b) Mission.-The mission of the Institute will be to increase the competitive position of the forest industries of the northeastern United States as major producers of international forest products in order to increase domestic employment and stimulate rural development, and to provide a knowledgeable, objective analysis of global forest resource problems.

(1) emphasize the application of existing knowledge to the manufacturing and international marketing of forest products as well as conduct new research related to the competitiveness of the northeastern forest products industry;

(2) study and evaluate domes-tic and international forest, forest sector, agroforestry, development, economic, and trade policies;

(3) design, analyze and test technologically appropriate manufacturing, processing and marketing systems which are supportive of and consistent with forest policy and management strategies formulated by the Institute and which enhance opportunities for markets in forest products; and

(4) formulate and test management strategies for-

(A) United States forests, and

(B) manufacturing facilities that promote ecologically sustainable use, and long-term management, of international forests.

(d) Authorization of Appropriations. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. (16 U.S.C. 2112(note))

CHAPTER 3-EDUCATION

Extension

Sec. 1251. (a) Expansion of Programs.-The Renewable Re-sourc-es Extension Act of 1978 (16 U.S.C. 1671 et seq.) is amended by insert-ing after section 5 the follow-ing new section:

Note-Section 1251 amendments are included in the Renewable Resources Extension Act of 1978, P.L. 95-306 and excluded here.

Forestry Student Grant Program

Sec. 1252. The Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et seq.) is amended by adding at the end thereof the following new section:

Note-Section 1252 amendments are included in the Forest and Rangeland Renewable Resources Research Act of 1978, P.L. 95-307, and excluded here.

SUBTITLE C-AMERICA THE BEAUTIFUL

Short Title

Sec. 1261. This subtitle may be cited as the "America the Beautiful Act of 1990". (16 U.S.C. 2101 (note))

Findings

Sec. 1262. Congress finds that-

(1) trees and forests provide beauty and diversity to both rural and urban landscapes;

(2) trees and forests protect the United States's soil, water, and wetland resources by filtering runoff and preventing erosion;

(3) trees and forests provide food and cover for many species of wildlife;

(4) trees and forests provide shade, block winds, and add mois-ture to the air, thereby mitigating the urban "heat island" effect and significantly reducing energy use;

(5) trees and forests make important contributions to the environmental, social, and economic well-being of both rural and urban areas across the United States; and

(6) stewardship of trees and forests could be significantly enhanced by encouraging, promoting, and supporting partnerships and community service projects involving individuals, youth groups, organizations, businesses and governments at all levels.

Purposes

Sec. 1263. The purposes of this subtitle are to-

(1) authorize the President to designate a private nonprofit foun-dation as eligible for a one-time grant from the Secretary of Agricul-ture, to be used for promoting pub-lic awareness and a spirit of volun-teerism, soliciting private sector contributions, and overseeing the use of these contributions to encour-age tree planting projects in commu-nities and urban areas;

(2) promote the principles of basic forest stewardship through the nationwide planting, improvement, and maintenance of trees in order to increase reforestation, enhance the environmental and aesthetic qualities of the United States's rural and urban areas, and reduce global car-bon dioxide levels;

(3) authorize the Secretary of Agriculture to provide increased financial and technical assistance to State forestry agencies and others, and enter into cost-sharing agree-ments with individuals, for the pur-pose of encourag-ing owners of nonindustrial private lands to plant and maintain trees and improve forests in rural areas; and

(4) authorize the Secretary of Agriculture to provide increased financial and technical assistance to State forestry agencies and others for the purpose of encouraging units of local government, civic groups, and individuals to plant and main-tain trees and improve forests in communities and urban areas.

Tree Planting Foundation

Sec. 1264. (a) Purpose.-The purpose of this section is to authorize the President to designate a private nonprofit Foundation as eligible to receive a grant from the Department of Agriculture to be used-

(1) to provide grants, including matching grants, to qualifying nonprofit organizations (including youth groups), municipalities, counties, towns and townships for the implementation of programs to promote public awareness and a spirit of volunteerism in support of tree planting, maintenance, management, protection, and cultivation projects in rural areas, communities and urban areas throughout the United States;

(2) to solicit public and private sector contributions through the mobilization of individuals, businesses, governments, and community organizations with the goal of increasing the number of trees plant-ed, main-tained, managed, and pro-tected in rural areas, communities and urban environments;

(3) to accept and administer public and private gifts and make grants, including matching grants, to encourage local participation, for the planting, maintenance, management, protection, and cultivation of trees; and

(4) to ensure that our descen-dants will be able to share their ancestors' pride when referring to their land as "America the Beautiful".

(b) Authority.-The President is authorized to designate a private nonprofit organization (hereafter in this section referred to as the "Foun-da-tion") as eligible to receive funds pursuant to subsections (d) and (e) upon determining that such organi-zation can, consistent with its char-ter, carry out the purposes stated in subsection (a), and that the officers of such organiza-tion have the expe-rience and expertise necessary to direct the activities of the organiza-tion. Nothing in this section shall be construed to make officers, em-ployees, or members of the board of directors of the Foundation officers or employees of the United States. The Foundation shall be a private and nonprofit organization and not an agency or establish-ment of the United States.

(c) Implementation.-The Foun-da-tion shall carry out this section in accordance with the purposes stated in subsection (a).

(d) Funding.-For fiscal year 1991, the Secretary is authorized to make a grant of not to exceed $25,000,000 to the Foundation.

(e) Use of Funds.-Funds made available pursuant to subsection (d) shall be granted to the Foundation by the Secretary to enable the Foun-dation to carry out the purposes specified in subsection (a).

(f) Interest.-Notwithstanding any other provision of law, the Founda-tion may hold funds made available pursuant to subsection (e) in interest-bearing accounts prior to the disbursement of the funds for pur-poses specified in subsection (a) and may retain to carry out such purpos-es any interest earned on the deposits.

(g) Limitations on Uses of Funds.-

(1) In general.-The Founda-tion may use funds provided by this section only for making grants to qualified organizations, municipali-ties, counties, towns and townships for the implementation of projects and activities that are consistent with the purposes specified in sub-section (a).

(2) Qualified organizations.-For the purposes of this section, qualified organizations shall consist of those organizations that meet the requirements of section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and have demonstrated a capability to imple-ment the project or activity for which the Foundation funds will be used.

(h) Compensation from Outside Sources.-An officer or employee of the Foundation may not receive any salary or other compensation for services rendered to the Foundation from any source other than the Foundation.

(i) Stock and Dividends.-The Foundation shall not issue any shares of stock or declare or pay any dividends.

(j) Lobbying.-The Foundation shall not engage in lobbying or propagan-da for the purpose of influ-encing legislation and shall not participate or intervene in any politi-cal campaign on behalf of any can-didate for public office.

(k) Salary; Travel and Expenses; Conflicts of Interest.-

(1) Personal benefit from funds.-No part of the funds of the Founda-tion shall inure to the benefit of any board member, officer, or employee of the Foundation, except as salary or reasonable compensation for services or expenses.

(2) Travel and expense reim-bursement.-Compensation for board members shall be limited to reim-bursement for reasonable costs of travel and expenses.

(3) Conflicts of interest.-No director, officer, or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation affecting-

(A) the financial interests of the director, officer, or employee; or

(B) the interests of any corporation, partnership,entity, or organiza-tion in which such director, officer, or employee-

(i) is an officer, director, or trustee; or

(ii) has any direct or indi-rect financial interest.

(l) Records; Audits.-The Foun-da-tion shall ensure that-

(1) each recipient of assistance provided through the Foundation under this section maintains, for at least 5 years after the receipt of the assistance, separate accounts with respect to the assistance and such records as may be reasonably neces-sary to disclose fully-

(A) the amount and the disposition by the recipient of the proceeds of the assistance;

(B) the total cost of the project or undertaking in connection with which the assistance is given or used;

(D) such other records as will facilitate an effective audit; and

(2) the Foundation and any duly authorized representative of the Foundation shall have access, for the purpose of audit and examina-tion, to any books, documents, pa-pers, and records of the recipient that are pertinent to assistance pro-vided through the Foundation under this section.

(m) Audits.-

(1) Independent audits.-For the fiscal year in which the Founda-tion receives the grant awarded under subsection (e), and for the succeeding 5 fiscal years, the ac-counts of the Foundation shall be audited annually in accordance with generally accepted auditing stan-dards by an indepen-dent certified public accountant or an independent licensed public accountant certified or licensed by a regulatory authority of a State or other political subdivi-sion of the United States. The report of each such independent audit shall be included in the annual report required by subsection (n).

(2) Agency audits.-For the fiscal year in which the Foundation receives the grant awarded under subsection (d), and for the succeed-ing 5 fiscal years, the financial transactions undertaken pursuant to this section by the Foundation may be audited by any agency designated by the President.

(n) Annual Reports.-

(1) In general.-Not later than 3 months after the conclusion of each fiscal year, the Foundation shall publish an annual report that includes a comprehensive and de-tailed report of the operations, activ-ities, financial condition, and ac-complishments of the Foundation under this Act during the fiscal year.

(2) Termination.-The obliga-tion of the Foundation to publish annual reports pursuant to this sub-section shall terminate after publica-tion of the report incorporating the findings of the final audit in accor-dance with procedures required by subsection (l). (o) Prohibition on commercial harvest.-Trees planted pursuant to a program receiving funds under this section may not be commercial-ly harvested and sold for Christmas trees.

(p) Authorization of appropria-tions.-There is authorized to be appropri-at-ed $25,000,000 to be granted by the Secretary of Agricul-ture to the Foundation. All funds appropriated under this section may remain available until expended.

Rural Tree Planting and Forest Management Program

Sec. 1265. The Secretary of Agriculture is authorized to establish a rural tree planting and forest man-agement program as a special com-ponent of the forest stewardship program and the stewardship incen-tive program established under sections 5 and 6 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2102) (as amended by subti-tle A). Such program shall termi-nate on December 31, 2001.

Tree Planting and Improvement Program

Sec. 1266. The Secretary of Agriculture is authorized to establish a communi-ty tree planting and im-provement program as a special component of the urban and com-munity forestry assistance pro-gram established under section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) (as amended by section 1219). Such program shall terminate on Decem-ber 31, 2001.

SUBTITLE D - MISCELL-ANEOUS PROVISIONS

Emergency Reforestation Assis-tance

Sec. 1271. (a) In general.-The Secretary of Agriculture is autho-rized to provide assistance under this section to eligible landowners who suffer destruction of 35 percent or more of a commercial tree stand due to damaging weather, related condition, or wildfire.

(b) Form of assistance.-The assistance, if any, provided by the Secretary under this section shall consist of either-

(1) reimbursement of up to 65 percent of the cost of reestablishing such tree stand damaged by the damaging weather, related condition, or wildfire in excess of 35 percent mortality; or

(2) at the discretion of the Secretary, provision of sufficient tree seedlings to reestablish such tree stand.

(1) Limitation on assistance.- No person may receive an amount in excess of $25,000 in any fiscal year, or an equivalent value in tree seedlings, under this section.

(2) Ineligibility.-A person who has qualifying gross revenues in excess of $2,000,000 annually, as determined by the Secretary, shall not be eligible to receive any disas-ter payment or other benefits under this section.

(3) Implementation.-In imple-menting this section, the Secretary shall issue regulations-

(A) defining the term "per-son" for the purposes of this section that shall conform, to the extent practicable, to the regula-tions defin-ing the term "person" issued under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308);

(B) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitations estab-lished under this subsection; and

(C) ensuring that no person receives duplicative payments or assistance under this section, the Cooperative Forestry Assistance Act of 1978, and the Agricultural Con-servation Program established under section 16(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h, 590l, or 590p), or other Federal program.

(d) Definitions.-As used in this section-

(1) the term "damaging weath-er" includes drought, hail, excessive moisture, freeze, tornado, hurricane, excessive wind, or any combination thereof;

(2) the term "eligible landown-er" means a person who-

(A) produces annual crops from trees for commercial purposes and owns 500 acres or less of such trees;

(B) owns 1,000 acres or less of private forest land; or

(C) owns more than 1,000 acres but less than 5,000 acres of private forest land if the Secretary, in the Secretary's discretion, deter-mines the person eligible;

(3) the term "qualifying gross revenues" means-

(A) if a majority of the person's annual income is received from farming, ranching, and forestry operations, the gross revenue from the person's farming, ranching, and forestry operations; and

(B) if less than a majority of the person's annual income is received from farming, ranching, and forestry operations, the person's gross revenue from all sources;

(4) the term "related condition" includes insect infestations, disease, or other deterioration of a tree stand that is accelerated or exacerbated by damaging weather;

(5) the term "reestablish" in-cludes site preparation, reforestation of a damaged stand, and timber stand improvement practices, includ-ing thinning, prescribed burning, and other practices approved by the Secretary for reforestation;

(6) the term "Secretary" means the Secretary of Agriculture; and

(7) the term "wildfire" means any forest or range fire.

(e) Retroactive assistance.-The Secretary shall use funds provided under this section to reimburse landowners for approved reforesta-tion practices that were implemented before the date of enactment of this section. The Secretary shall not make reimbursements for reforesta-tion practices that were implemented prior to September 1, 1989.

Talladega National Forest Expan-sion

Sec. 1272. The boundaries of the Talladega National Forest are here-by modified to include all lands depicted on a map entitled "Talla-dega Forest Expansion" and dated October 1990, which shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Washing-ton, District of Columbia. Within the area delin-eated on such map, the Secretary shall utilize his authorities under the Act of March 1, 1911 (Chapter 186, 36 Stat. 961), to ac-quire lands, waters, and interests therein. Lands so acquired shall be managed under such Act for National Forest purposes. It is the intent of the Congress that, to the extent practicable, private lands be acquired on a willing seller basis without undue delay. (16 U.S.C. 2106a)