Congress finds that—
(1) most of the productive forest land of the United States is in private, State, and local governmental ownership, and the capacity of the United States to produce renewable forest resources is significantly dependent on such non-Federal forest lands;
(2) adequate supplies of timber and other forest resources are essential to the United States, and adequate supplies are dependent on efficient methods for establishing, managing, and harvesting trees and processing, marketing, and using wood and wood products;
(3) nearly one-half of the wood supply of the United States comes from nonindustrial private timberlands and such percentage could rise with expanded assistance programs;
(4) managed forest lands provide habitats for fish and wildlife, as well as aesthetics, outdoor recreation opportunities, and other forest resources;
(5) the soil, water, and air quality of the United States can be maintained and improved through good stewardship of privately held forest resources;
(6) insects and diseases affecting trees occur and sometimes create emergency conditions on all land, whether Federal or non-Federal, and efforts to prevent and control such insects and diseases often require coordinated action by both Federal and non-Federal land managers;
(7) fires in rural areas threaten human lives, property, forests and other resources, and Federal-State cooperation in forest fire protection has proven effective and valuable;
(8) trees and forests are of great environmental and economic value to urban areas;
(9) managed forests contribute to improving the quality, quantity, and timing of water yields that are of broad benefit to society;
(10) over half the forest lands of the United States are in need of some type of conservation treatment;
(11) forest landowners are being faced with increased pressure to convert their forest land to development and other purposes;
(12) increased population pressures and user demands are being placed on private, as well as public, landholders to provide a wide variety of products and services, including fish and wildlife habitat, aesthetic quality, and recreational opportunities;
(13) stewardship of privately held forest resources requires a long-term commitment that can be fostered through local, State, and Federal governmental actions;
(14) the Department of Agriculture, through the coordinated efforts of its agencies with forestry responsibilities, cooperating with other Federal agencies, State foresters, and State political subdivisions, has the expertise and experience to assist private landowners in achieving individual goals and public benefits regarding forestry;
(15) the products and services resulting from nonindustrial private forest land stewardship provide income and employment that contribute to the economic health and diversity of rural communities; 1
(16) sustainable agroforestry systems and tree planting in semiarid lands can improve environmental quality and maintain farm yields and income; and 1
(18) 2 the same forest resource supply, protection, and management issues that exist in the United States are also present on an international scale, and the forest and rangeland renewable resources of the world are threatened by deforestation due to conversion to agriculture of lands better suited to other purposes, over-grazing, over-harvesting, and other causes which pose a direct adverse threat to people, the global environment, and the world economy.1
It is the purpose of this chapter to authorize the Secretary of Agriculture (hereafter in this chapter referred to as the "Secretary"), with respect to non-Federal forest lands in the United States, and forest lands in foreign countries, of the United States, to assist in—
(1) the establishment of a coordinated and cooperative Federal, State, and local forest stewardship program for management of the non-Federal forest lands;
(2) the encouragement of the production of timber;
(3) the prevention and control of insects and diseases affecting trees and forests;
(4) the prevention and control of rural fires;
(5) the efficient utilization of wood and wood residues, including the recycling of wood fiber;
(6) the improvement and maintenance of fish and wildlife habitat;
(7) the planning and conduct of urban forestry programs;
(8) broadening existing forest management, fire protection, and insect and disease protection programs on non-Federal forest lands to meet the multiple use objectives of landowners in an environmentally sensitive manner;
(9) providing opportunities to private landowners to protect ecologically valuable and threatened non-Federal forest lands; and
(10) strengthening educational, technical, and financial assistance programs that provide assistance to owners of non-Federal forest lands in the United States, and forest lands in foreign countries,.3
In allocating funds appropriated or otherwise made available under this chapter, the Secretary shall focus on the following national private forest conservation priorities, notwithstanding other priorities specified elsewhere in this chapter:
(1) Conserving and managing working forest landscapes for multiple values and uses.
(2) Protecting forests from threats, including catastrophic wildfires, hurricanes, tornados, windstorms, snow or ice storms, flooding, drought, invasive species, insect or disease outbreak, or development, and restoring appropriate forest types in response to such threats.
(3) Enhancing public benefits from private forests, including air and water quality, soil conservation, biological diversity, carbon storage, forest products, forestry-related jobs, production of renewable energy, wildlife, wildlife corridors and wildlife habitat, and recreation.
(d) Reporting requirement
Not later than September 30, 2011, the Secretary shall submit to Congress a report describing how funds were used under this chapter, and through other programs administered by the Secretary, to address the national priorities specified in subsection (c) and the outcomes achieved in meeting the national priorities.
It is the policy of Congress that it is in the national interest for the Secretary to work through and in cooperation with State foresters, or equivalent State officials, nongovernmental organizations, and the private sector in implementing Federal programs affecting non-Federal forest lands.
This chapter shall be construed to complement the policies and direction under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).
References in Text
This chapter, referred to in subsecs. (b) to (d) and (f), was in the original "this Act", meaning Pub. L. 95–313, July 1, 1978, 92 Stat. 365, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (f), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of this title and Tables.
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Pub. L. 101–513 and Pub. L. 101–624 were approved by the President after Congress adjourned and in reverse order of passage by Congress. Accordingly, the amendments made by Pub. L. 101–624 were executed to text prior to the amendments made by Pub. L. 101–513 to reflect the probable intent of Congress.
2008—Subsecs. (c) to (f). Pub. L. 110–246, §8001, added subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and (f), respectively.
1990—Pub. L. 101–624 amended section generally, substituting present provisions for provisions which set forth Congressional findings and declarations, and statements of purpose and national interest, and which related to application with forest and rangeland renewable resources provisions. See Codification note above.
Pub. L. 101–513, §607(b)(1), directed the amendment of subsec. (a) by striking out "and" at end of par. (16), substituting "; and" for period at end of par. (17), and adding par. (18) at end. The amendment of pars. (16) and (17) was executed to pars. (15) and (16) to reflect the probable intent of Congress. See Codification note above.
Pub. L. 101–513, §607(b)(2), which directed the amendment of subsec. (b) by inserting "in the United States, and forest lands in foreign countries," after "non-Federal forest lands," the first place it appears and in paragraph (10), was executed by making the insertion after "non-Federal forest lands" to reflect the probable intent of Congress. See Codification note above.
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Section 17, formerly section 14, of Pub. L. 95–313, as renumbered §17 by Pub. L. 101–624, title XII, §1215(1), Nov. 28, 1990, 104 Stat. 3525, provided that: "The provisions of this Act [see Short Title note below] shall become effective October 1, 1978."
Short Title of 1990 Amendment
Pub. L. 101–624, title XII, §1201, Nov. 28, 1990, 104 Stat. 3521, provided that: "This title [enacting sections 582a–8, 1648, 1649, 1674a, 2103a to 2103c, 2106a, 2113, and 2114 of this title, amending this section and sections 1642, 1672, 1674, 2102 to 2106, and 2108 to 2110 of this title, and enacting provisions set out as notes under this section and sections 582a, 1601, 1642, and 2112 of this title] may be cited as the 'Forest Stewardship Act of 1990'."
Pub. L. 95–313, §1, July 1, 1978, 92 Stat. 365, provided: "That this Act [enacting this chapter, amending sections 1510 and 1606 of this title, repealing sections 565, 566, 567, 568c to 568e, 594–1 to 594–5, 594a, and 1509 of this title, and sections 2651 to 2654 of Title 7, Agriculture, enacting provisions set out as notes under this section and section 1606 of this title, and repealing provisions set out as notes under sections 568c and 594–1 of this title] may be cited as the 'Cooperative Forestry Assistance Act of 1978'."
America the Beautiful Act of 1990
Pub. L. 101–624, title XII, subtitle C, Nov. 28, 1990, 104 Stat. 3553–3557, as amended by Pub. L. 102–237, title X, §1018(e), Dec. 13, 1991, 105 Stat. 1905, provided that:
"SEC. 1261. SHORT TITLE.
"This subtitle may be cited as the 'America the Beautiful Act of 1990'.
"SEC. 1262. FINDINGS.
"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 moisture 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.
"SEC. 1263. PURPOSES.
"The purposes of this subtitle are to—
"(1) authorize the President to designate a private nonprofit foundation as eligible for a one-time grant from the Secretary of Agriculture, to be used for promoting public awareness and a spirit of volunteerism, soliciting private sector contributions, and overseeing the use of these contributions to encourage tree planting projects in communities 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 carbon 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 agreements with individuals, for the purpose of encouraging 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 maintain trees and improve forests in communities and urban areas.
"SEC. 1264. TREE PLANTING FOUNDATION.
"(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 planted, maintained, managed, and protected 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 descendants will be able to share their ancestors' pride when referring to their land as 'America the Beautiful'.
"(A) the financial interests of the director, officer, or employee; or
"(B) the interests of any corporation, partnership, entity, or organization in which such director, officer, or employee—
"(i) is an officer, director, or trustee; or
"(ii) has any direct or indirect financial interest.
"(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 necessary 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;
"(C) the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and
"(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 examination, to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the Foundation under this section.
"SEC. 1265. RURAL TREE PLANTING AND FOREST MANAGEMENT PROGRAM.
"The Secretary of Agriculture is authorized to establish a rural tree planting and forest management program as a special component of the forest stewardship program and the stewardship incentive program established under sections 5 and 6 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2102) [16 U.S.C. 2103a, former 16 U.S.C. 2103b] (as amended by subtitle A). Such program shall terminate on December 31, 2001.
"SEC. 1266. COMMUNITY TREE PLANTING AND IMPROVEMENT PROGRAM.
"The Secretary of Agriculture is authorized to establish a community tree planting and improvement program as a special component of the urban and community forestry assistance program 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 December 31, 2001."
Tree Planting Initiative
Pub. L. 99–198, title XII, §1256, as added by Pub. L. 101–624, title XIV, §1441(a), Nov. 28, 1990, 104 Stat. 3601, set forth policy relating to maintenance, afforestation, and reforestation of forest lands and provisions relating to implementation of policy and agreements with State forestry agencies, prior to repeal by Pub. L. 104–127, title III, §336(e), Apr. 4, 1996, 110 Stat. 1007.
Transfer of Forest Tree Nursery Facilities to States
Pub. L. 87–492, June 25, 1962, 76 Stat. 107, provided: "That the Congress recognizes that for many years the United States and certain States have cooperated in the production of tree planting stock for use in the reforestation of the public and private lands of the Nation; that the program of production of tree planting stock which was initiated and pursued under the Soil Bank Act (7 U.S.C. 1801 et seq.) [repealed] was carried on under written agreements which provided for (a) cooperation between the Forest Service, on behalf of the United States, and the States which participated in the program, (b) payments to said States for costs and expenses incurred in the development of nursery facilities, (c) the holding of such funds by the States in trust for the purpose of carrying out the provisions of said agreements, and (d) restoration to the trust fund of an amount equal to the residual value of any supplies, materials, equipment, or improvements acquired or constructed with trust funds and transferred to State forestry work other than the soil bank program; that such program under said Soil Bank Act has been discontinued, but the need for the trees continues to be great; that the States and Federal Government are cooperating in the procurement, production, and distribution of forest-tree seeds and plants under section 4 of the Clarke-McNary Act of June 7, 1924 (16 U.S.C. 567), and in the reforestation of lands under title IV of the Agricultural Act of 1956 (16 U.S.C. 568e and 568g); and that said participating States need the said supplies, materials, equipment, or improvements for use in connection with their respective forestry programs, and it is in the public interest to permit these States to use said property without the requirement that payment be made for the residual value thereof.
Ex. Ord. No. 13955. Establishing the One Trillion Trees Interagency Council
Ex. Ord. No. 13955, Oct. 13, 2020, 85 F.R. 65643, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Our Nation is home to hundreds of millions of acres of Federal, State, tribal, and private forests and woodlands, which produce tremendous positive economic and environmental effects throughout our country. Recreational and educational visits to National Forests make substantial contributions to our Nation's physical and emotional health as well as to our gross domestic product, all while supporting thousands of full- and part-time jobs. Our Nation's forests and woodlands provide valuable environmental benefits as well, including by serving as wildlife habitats and supporting air and water quality for all Americans. Forests and woodlands sequester atmospheric carbon, and according to the Forest Service, 180 million people in over 68,000 communities rely on our Nation's forested watersheds to capture and filter their drinking water.
These facts demonstrate how our Nation has taken advantage of the tremendous economic and environmental benefits associated with tree growth and forestation. By advancing Federal policies conducive to these practices, under my leadership, the United States has promoted greater use of nature-based solutions to address global challenges.
On January 21, 2020, I announced that to further protect the environment, the United States would be joining the World Economic Forum's One Trillion Trees initiative (Initiative), an ambitious global effort to grow and conserve one trillion trees worldwide by 2030. Following through on my commitment, and given the expansive footprint of our Federal forests and woodlands, this order initiates the formation of the United States One Trillion Trees Interagency Council to further the Federal Government's contribution to the global effort.
The Council shall be co-chaired by the Secretary of the Interior and the Secretary of Agriculture, or by their designees (Co-Chairs). The Assistant to the President for Economic Policy and the Assistant to the President and Deputy Chief of Staff for Policy Coordination, or their designees, shall serve as Vice Chairs.
(a) Membership. In addition to the Co-Chairs and Vice Chairs, the Council shall consist of the following officials or their designees:
(i) the Secretary of State;
(ii) the Secretary of the Treasury;
(iii) the Secretary of Defense;
(iv) the Secretary of Commerce;
(v) the Secretary of Labor;
(vi) the Secretary of Housing and Urban Development;
(vii) the Secretary of Transportation;
(viii) the Secretary of Energy;
(ix) the Secretary of Education;
(x) the Administrator of the Environmental Protection Agency;
(xi) the Director of the Office of Management and Budget;
(xii) the Senior Advisor to the President;
(xiii) the Advisor to the President and Director of the Office of Economic Initiatives and Entrepreneurship;
(xiv) the Assistant to the President for Domestic Policy;
(xv) the Chairman of the Council on Environmental Quality;
(xvi) the Director of the Office of Science and Technology Policy;
(xvii) the Administrator of the United States Agency for International Development;
(xviii) the Assistant to the President and Director of Intergovernmental Affairs;
(xix) the Assistant Secretary of the Army (Civil Works); and
(xx) the heads of such other executive departments and Federal land management agencies (agencies) and offices as the President, Co-Chairs, or Vice Chairs may, from time to time, designate or invite, as appropriate.
(b) Administration. The Co-Chairs, in consultation with the Vice Chairs, shall convene meetings of the Council and direct its work. The Co-Chairs shall keep the Council apprised of all Federal efforts related to the subject of this order. The Co-Chairs and members of the Council shall also coordinate with the Vice Chairs on communications with the Initiative and related parties regarding any Federal Government interactions with the Initiative.
(a) include Council-related activities within their respective strategic planning processes; and
(b) provide to the Co-Chairs, Vice Chairs, and the Director of the Office of Management and Budget, pursuant to the Council protocol established under section 4(e) of this order, regular progress reports on their respective agencies' activities, if any, relating to the growth, restoration, and conservation of trees.
(a) develop and implement a strategy that includes a methodology that the Federal Government will use to track and measure any Federal activities related to the Initiative, specifically with respect to trees grown, restored, and conserved;
(b) identify statutory, regulatory, and other limitations that inhibit the Federal Government from taking additional actions in furtherance of the Initiative, and recommend potential administrative and legislative actions to remedy such limitations;
(c) identify opportunities to use existing authorities and existing or future authorized and appropriated funds to promote efforts to protect and restore trees, and to promote the active management of existing Federal lands to facilitate growth, restoration, and conservation of trees;
(d) inform State, local, and tribal officials of Federal efforts to protect, grow, and actively manage forests and woodlands on Federal lands; and
(e) establish a protocol for the submission by members of the Council who are heads of agencies of regular progress reports to the Co-Chairs, Vice Chairs, and the Director of the Office of Management and Budget on the activities, if any, of these members' respective agencies relating to the growth, restoration, and conservation of trees.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.1 See 1990 Amendment note below. 2 So in original. Probably should be "(17)". 3 So in original.