Urban and Community Forestry Act of 1989 - Amends the Cooperative Forestry Assistance Act of 1978 to direct the Secretary of Agriculture to implement a program of education and technical assistance for urban forest resources.
Directs the Secretary to: (1) establish an urban and community forestry matching grant program; (2) make plants available to urban areas and assist in their selection, planting, and maintenance; and (3) establish a National Urban and Community Forestry Advisory Council which shall prepare a national urban and community forestry action plan for the Secretary and the Congress.
Union Calendar No. 209 101st CONGRESS 1st Session H. R. 2144 [Report No. 101-330] A BILL To improve forest management in urban areas and other communities, and for other purposes. November 6, 1989 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed HR 2144 RH Union Calendar No. 209 101st CONGRESS 1st Session H. R. 2144 [Report No. 101-330] To improve forest management in urban areas and other communities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES April 27, 1989 Mr. JONTZ introduced the following bill; which was referred to the Committee on Agriculture November 6, 1989 Additional sponsors: Mr. KOSTMAYER, Ms. SCHNEIDER, Mr. LAFALCE, Mr. ACKERMAN, Mr. FUSTER, Mr. ERDREICH, Ms. PELOSI, Mr. SHARP, Mr. LIPINSKI, Mr. BEILENSON, Mr. BONIOR, Mr. SCHEUER, Mr. OLIN, Mr. HERTEL, Mr. MOODY, Mr. HUBBARD, Mr. MAZZOLI, Mr. ROE, Mr. ENGEL, Mr. PORTER, Ms. SLAUGHTER of New York, Mr. GEJDENSON, Mrs. BOGGS, Mr. WALSH, Mr. WALGREN, Mr. POSHARD, Mr. NEAL of North Carolina, and Mr. Valentine November 6, 1989 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on April 27, 1989] A BILL To improve forest management in urban areas and other communities, and for other purposes. 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 `Urban and Community Forestry Act of 1989'. SEC. 2. FINDINGS. The Congress finds that-- (1) the health of forests in urban areas and communities, including cities, their suburbs, and towns, in the United States is on the decline; (2) forest lands, shade trees, and open spaces in urban areas and communities improve the quality of life for residents; (3) forest lands and associated natural resources enhance the economic value of residential and commercial property in urban and community settings; (4) tree plantings in urban areas and communities can aid in reducing carbon dioxide emissions, mitigating the heat island effect, and reducing energy consumption, thus contributing to efforts to reduce global warming trends; (5) efforts to encourage tree plantings and protect existing open spaces in urban areas and communities can contribute to the social well-being and promote a sense of community in these areas; and (6) strengthened research, education, technical assistance, and public information and participation in tree planting and maintenance programs for urban and community forests are needed to provide for the protection and expansion of tree cover and open space in urban areas and communities. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) improve understanding of the benefits of preserving existing tree cover in urban areas and communities; (2) encourage owners of private residences and commercial properties to maintain trees and expand forest cover on their properties; (3) provide education programs and technical assistance to State and local organizations (including community associations and schools) in maintaining forested lands and individual trees in urban and community settings and identifying appropriate tree species and sites for expanding forest cover; (4) implement a tree planting program to complement urban and community tree maintenance and open space programs; (5) promote the establishment of demonstration projects in selected urban and community settings to illustrate the benefits of maintaining and creating forest cover and trees; (6) enhance the technical skills and understanding of sound tree maintenance and arboricultural practices of individuals involved in the planning, development, and maintenance of urban and community forests and trees; and (7) expand existing research and educational efforts intended to improve understanding of tree growth and maintenance, tree physiology and morphology, species adaptations, forest ecology, and the economic, environmental, social, and psychological benefits of trees and forest cover in urban and community environments. SEC. 4. EDUCATION, TECHNICAL ASSISTANCE, AND RESEARCH ACTIVITIES. (a) AMENDMENT TO COOPERATIVE FORESTRY ASSISTANCE ACT- (1) Section 6 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended as follows: (A) Redesignate subsection (c) as subsection (h). (B) Insert the following new subsections: `(c) The Secretary, in cooperation with State foresters and State extension agents or equivalent State officials, shall implement a program of education and technical assistance for urban forest resources. The program shall be designed to-- `(1) assist urban areas and communities in conducting inventories of their forest resources, including inventories of the species, number, location, and health of trees in urban areas and communities, and the status of related resources (including fish and wildlife habitat, water resources, and trails); `(2) assist State and local organizations (including community associations and schools) in organizing and conducting urban and community forestry projects and programs; `(3) improve education and technical support in-- `(A) selecting tree species appropriate for planting in urban and community environments; `(B) providing for proper tree planting, maintenance, and protection in urban areas and communities; `(C) protecting individual trees and preserving existing open spaces with or without tree cover; and `(D) identifying opportunities for expanding tree cover in urban areas and communities; `(4) assist in the development of State and local management plans for trees and associated resources in urban areas and communities; and `(5) increase public understanding of the economic, social, environmental, and psychological values of trees and open space in urban and community environments and expand knowledge of the ecological relationships and benefits of trees and related resources in these environments. `(d) The Secretary, in cooperation with State foresters or equivalent State officials, shall assist in identifying sources of plant materials appropriate for reforesting open spaces, replacing dead and dying urban trees, and expanding tree cover in urban areas and communities. The Secretary may make such plant materials available, and may procure or otherwise obtain such materials from public or private sources for purposes of making such materials available, to urban areas and communities for such uses. `(e)(1) The Secretary shall establish an urban and community forestry challenge cost share program. Funds or other support shall be provided under such program to eligible communities and organizations, on a competitive basis, for urban and community forestry projects. The Secretary shall annually make awards under the program in accordance with criteria developed in consultation with, and after consideration of recommendations received from, the National Urban and Community Forestry Advisory Council established under subsection (f). Such awards shall be consistent with the cost share requirements of this section. `(2) The Federal share of support for a project provided under this subsection may not exceed 50 percent of the support for that project and shall be provided on a matching basis. The non-Federal share of such support may be in the form of cash, services, or in-kind contributions, fairly valued. `(f)(1) The Secretary shall establish a National Urban and Community Forestry Advisory Council for the purpose of-- `(A) developing a national urban and community forestry action plan; `(B) evaluating the implementation of that plan; and `(C) developing criteria for, and submitting recommendations with respect to, the urban and community forestry challenge cost share program under subsection (e). `(2)(A) The Council shall be composed of 15 members appointed by the Secretary, as follows: `(i) 2 members representing national nonprofit forestry and conservation citizen organizations; `(ii) 3 members, 1 each representing State, county, and city and town governments; `(iii) 1 member representing the forest products, nursery, or related industries; `(iv) 1 member representing urban forestry, landscape, or design consultants; `(v) 2 members representing academic institutions with an expertise in urban and community forestry activities; `(vi) 1 member representing State forestry agencies or an equivalent State agency; `(vii) 1 member representing a professional renewable natural resource or arboriculture society; `(viii) 1 member from the Extension Service; `(ix) 1 member from the Forest Service; `(x) 2 members who are not officers or employees of any governmental body, 1 of whom is a resident of a community with a population of less than 50,000 as of the most recent census and both of whom have expertise and have been active in urban and community forestry. `(B) A vacancy in the Council shall be filled in the manner in which the original appointment was made. `(C) The Secretary shall select 1 member, from members appointed to the Council, who is not an officer or employee of the United States nor any State, county, city, or town government, who shall serve as the chairperson of the Council. `(D)(i) Except as provided in clauses (ii) and (iii), members shall be appointed for terms of 3 years, and no member may serve more than two consecutive terms on the Council. `(ii) In making the initial appointments, the Secretary shall provide that-- `(I) 5 members, including the chairperson and 2 governmental employees, shall be appointed for a term of 3 years; `(II) 5 members, including 2 governmental employees, shall be appointed for a term of 2 years; and `(III) 5 members, including 2 governmental employees, shall be appointed for a term of 1 year, as designated by the Secretary. `(iii) Any member appointed to fill a vacancy occurring before the expiration of the term of the member's predecessor shall be appointed only for the remainder of such term. A member may serve after the expiration of the member's term until the member's successor has taken office. `(E)(i) Except as provided in clause (ii), members of the Council shall serve without pay, but may be reimbursed for reasonable costs incurred while in the actual performance of duties vested in the Council. `(ii) Members of the Council who are full-time officers or employees of the United States shall receive no additional pay, allowances, or benefits by reason of their service on the Council. `(iii) The Secretary shall provide financial and administrative support for the Council. `(3) Within 1 year after the date of enactment of this subsection and every 10 years thereafter, the Council shall prepare a National Urban and Community Forestry Action Plan. The plan shall include (but not be limited to) the following: `(A) An assessment of the current status of urban forest resources in the United States. `(B) A review of urban and community forestry programs and activities in the United States, including education and technical assistance activities conducted by the Forest Service, Extension Service, and other Federal agencies, the State forestry organizations, private industry, private nonprofit organizations, community and civic organizations and interested others. `(C) Recommendations for improving the status of the Nation's urban and community forest resources, including education and technical assistance and modifications required in existing programs and policies of relevant Federal agencies. `(D) A review of urban and community forestry research, including-- `(i) a review of all ongoing research associated with urban and community forests, arboricultural practices, and the economic, social, and psychological benefits of trees and forest cover in urban and community environments being conducted by the Forest Service, other Federal agencies, and associated land grant colleges and universities; `(ii) recommendations for new and expanded research efforts directed toward urban and community forestry concerns; and `(iii) a summary of research priorities and an estimate of the funds needed to implement such research, on an annual basis, for the next 10 years. `(E) Proposed criteria for evaluating proposed projects under the urban and community forestry challenge cost share program under subsection (e), with special emphasis given to projects that would demonstrate the benefits of improved forest management (including the maintenance and establishment of forest cover and trees) in urban areas and communities. `(F) An estimate of the resources needed to implement the plan for the succeeding 10 fiscal years. `(4) The plan may be amended by a majority of the Council members. Such amendments shall be incorporated into the Council's annual review of the plan submitted to the Secretary pursuant to paragraph (5) of this subsection. `(5) The Council shall submit the plan to the Secretary and the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate upon its completion. Beginning no later than one year after the plan is submitted and annually thereafter, the Council shall submit a review of the plan to the Secretary no later than December 31. The review shall consist of-- `(A) the Council's assessment of prior year accomplishments in research, education, technical assistance, and related activities in urban and community forestry; `(B) the Council's recommendations for research, education, technical assistance, and related activities in the succeeding year; and `(C) the Council's recommendations for the urban and community forestry challenge cost share projects to be funded during the succeeding year. The review submitted to the Secretary shall be incorporated into the annual report of the Forest Service to the Congress under the Forest and Rangeland Renewable Resources Planning Act of 1974. `(6) Upon request of the Council, the Secretary is authorized to detail, on a reimbursable basis, any of the personnel of the Department of Agriculture to the Council to assist the Council in carrying out its duties under this Act. `(7) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. `(g) For the purposes of this section-- `(1) the term `Council' means the National Urban and Community Forestry Advisory Council established under subsection (f); `(2) the term `plan' means the National Urban and Community Forestry Action Plan developed under subsection (f)(3); and `(3) the term `urban and community area' includes cities, their suburbs, and towns.'. (b) AMENDMENT TO RENEWABLE RESOURCES EXTENSION ACT- (1) Section 3(a) of the Renewable Resources Extension Act of 1978 (16 U.S.C. 1672(a)) is amended-- (A) by striking `and' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting `; and'; and (C) by adding at the end the following new paragraph: `(9) in cooperation with State foresters or equivalent State officials, increase public understanding of the economic, social, environmental, and psychological values of trees and open space in urban and community area environments and expand knowledge of the ecological relationships and benefits of trees and related resources in urban and community environments.'. (2) Section 5(a) of the Renewable Resources Extension Act of 1978 (16 U.S.C. 1674(a)) is amended by striking `for planting and management of trees and forests in urban areas,' and inserting `urban and community forestry activities,'.
Favorable Excutive Comment Received from USDA.
Forwarded by Subcommittee to Full Committee (Amended).
Subcommittee Consideration and Mark-up Session Held.
Executive Comment Requested from USDA.
Committee Consideration and Mark-up Session Held.
Subcommittee on Department Operations, Research, and
Ordered to be Reported (Amended).
Reported (Amended) by the Committee on Agriculture. H. Rept. 101-330.
Reported (Amended) by the Committee on Agriculture. H. Rept. 101-330.
Placed on the Union Calendar, Calendar No. 209.
Mr. Jontz moved to suspend the rules and pass the bill, as amended.
Mr. Morrison (WA) demanded a second on the motion to suspend the rules.
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Considered under suspension of the rules.
On ordering a second Agreed to without objection.
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 366.