16 U.S. Code § 7303 - Collaborative Forest Landscape Restoration Program
(a) In general
The Secretary, in consultation with the Secretary of the Interior, shall establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes in accordance with—
(b) Eligibility criteria
To be eligible for nomination under subsection (c), a collaborative forest landscape restoration proposal shall—
(1) be based on a landscape restoration strategy that—
(B) identifies and prioritizes ecological restoration treatments for a 10-year period within a landscape that is—
(ii) comprised primarily of forested National Forest System land, but may also include land under the jurisdiction of the Bureau of Land Management, land under the jurisdiction of the Bureau of Indian Affairs, or other Federal, State, tribal, or private land;
(C) incorporates the best available science and scientific application tools in ecological restoration strategies;
(D) fully maintains, or contributes toward the restoration of, the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type, taking into account the contribution of the stand to landscape fire adaptation and watershed health and retaining the large trees contributing to old growth structure;
(E) would carry out any forest restoration treatments that reduce hazardous fuels by—
(i) focusing on small diameter trees, thinning, strategic fuel breaks, and fire use to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type (such as adverse soil impacts, tree mortality or other impacts); and
(2) be developed and implemented through a collaborative process that—
(3) describe plans to—
(A) reduce the risk of uncharacteristic wildfire, including through the use of fire for ecological restoration and maintenance and reestablishing natural fire regimes, where appropriate;
(G) report annually on performance, including through performance measures from the plan entitled the “10 Year Comprehensive Strategy Implementation Plan” and dated December 2006; and
(4) analyze any anticipated cost savings, including those resulting from—
(6) describe the collaborative process through which the proposal was developed, including a description of—
(7) benefit local economies by providing local employment or training opportunities through contracts, grants, or agreements for restoration planning, design, implementation, or monitoring with—
(B) Youth Conservation Corps crews or related partnerships, with State, local, and non-profit youth groups;
(c) Nomination process
A proposal shall be submitted to—
(A) In general
A Regional Forester may nominate for selection by the Secretary any proposals that meet the eligibility criteria established by subsection (b).
Any proposal nominated by the Regional Forester that proposes actions under the jurisdiction of the Secretary of the Interior shall include the concurrence of the appropriate—
With respect to each proposal that is nominated under paragraph (2)—
(A) the appropriate Regional Forester shall—
(i) include a plan to use Federal funds allocated to the region to fund those costs of planning and carrying out ecological restoration treatments on National Forest System land, consistent with the strategy, that would not be covered by amounts transferred to the Secretary from the Fund; and
(ii) provide evidence that amounts proposed to be transferred to the Secretary from the Fund during the first 2 fiscal years following selection would be used to carry out ecological restoration treatments consistent with the strategy during the same fiscal year in which the funds are transferred to the Secretary;
(B) if actions under the jurisdiction of the Secretary of the Interior are proposed, the nomination shall include a plan to fund such actions, consistent with the strategy, by the appropriate—
(d) Selection process
(1) In general
After consulting with the advisory panel established under subsection (e), the Secretary, in consultation with the Secretary of the Interior, shall, subject to paragraph (2), select the best proposals that—
In selecting proposals under paragraph (1), the Secretary shall give special consideration to—
(B) the strength of the ecological case of the proposal and the proposed ecological restoration strategies;
(C) the strength of the collaborative process and the likelihood of successful collaboration throughout implementation;
(E) whether the proposal would reduce the relative costs of carrying out ecological restoration treatments as a result of the use of woody biomass and small-diameter trees; and
The Secretary may select not more than—
(B) 2 proposals in any 1 region of the National Forest System to be funded during any fiscal year; and
(e) Advisory panel
(1) In general
The Secretary shall establish and maintain an advisory panel comprised of not more than 15 members to evaluate, and provide recommendations on, each proposal that has been nominated under subsection (c)(2).
The Secretary shall ensure that the membership of the advisory panel is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory panel.
(f) Collaborative Forest Landscape Restoration Fund
There is established in the Treasury of the United States a fund, to be known as the “Collaborative Forest Landscape Restoration Fund”, to be used to pay up to 50 percent of the cost of carrying out and monitoring ecological restoration treatments on National Forest System land for each proposal selected to be carried out under subsection (d).
The cost of carrying out ecological restoration treatments as provided in paragraph (1) may, as the Secretary determines to be appropriate, include cancellation and termination costs required to be obligated for contracts to carry out ecological restoration treatments on National Forest System land for each proposal selected to be carried out under subsection (d).
The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (6).
(4) Expenditures from Fund
(A) In general
On request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are appropriate, in accordance with paragraph (1).
(5) Accounting and reporting system
The Secretary shall establish an accounting and reporting system for the Fund.
(g) Program implementation and monitoring
(1) Work plan
Not later than 180 days after the date on which a proposal is selected to be carried out, the Secretary shall create, in collaboration with the interested persons, an implementation work plan and budget to implement the proposal that includes—
(A) a description of the manner in which the proposal would be implemented to achieve ecological and community economic benefit, including capacity building to accomplish restoration;
(B) a business plan that addresses—
(iii) the projected sustainability of the supply of woody biomass and small-diameter trees removed in ecological restoration treatments; and
(C) documentation of the non-Federal investment in the priority landscape, including the sources and uses of the investments; and
(2) Project implementation
Amounts transferred to the Secretary from the Fund shall be used to carry out ecological restoration treatments that are—
(3) Annual report
The Secretary, in collaboration with the Secretary of the Interior and interested persons, shall prepare an annual report on the accomplishments of each selected proposal that includes—
(A) a description of all acres (or other appropriate unit) treated and restored through projects implementing the strategy;
(B) an evaluation of progress, including performance measures and how prior year evaluations have contributed to improved project performance;
(D) the results of the multiparty monitoring, evaluation, and accountability process under paragraph (4); and
(4) Multiparty monitoring
The Secretary shall, in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of projects implementing a selected proposal for not less than 15 years after project implementation commences.
Not later than 5 years after the first fiscal year in which funding is made available to carry out ecological restoration projects under the program, and every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall submit a report on the program, including an assessment of whether, and to what extent, the program is fulfilling the purposes of this chapter, to—
 See References in Text note below.
Source(Pub. L. 111–11, title IV, § 4003,Mar. 30, 2009, 123 Stat. 1141.)
References in Text
The Endangered Species Act of 1973, referred to in subsec. (a)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (a)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Section 7125 of this title, referred to in subsec. (b)(2)(B)(ii), was in the original “section 205 ofPublic Law 106–393 (16 U.S.C. 500 note)” and was translated as referring to section 205 ofPub. L. 106–393as added by Pub. L. 110–343, div. C, title VI, § 601(a),Oct. 3, 2008, 122 Stat. 3905, which is classified to section 7125 of this title. A prior section 205 ofPub. L. 106–393containing substantially similar provisions was set out in a note under section 500 of this title prior to repeal by Pub. L. 110–343, div. C, title VI, § 601(a),Oct. 3, 2008, 122 Stat. 3893.