“This subtitle may be cited as the ‘America the Beautiful Act of 1990’.
This chapter, referred to in subsecs. (b) to (d) and (f), was in the original “this Act”, meaning Pub. L. 95–313,
The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (f), is Pub. L. 93–378,
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 L. 110–234 were repealed by section 4(a) of Pub.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.
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Section 17, formerly section 14, of Pub. L. 95–313, as renumbered § 17 by Pub. L. 101–624, title XII, § 1215(1),
Pub. L. 101–624, title XII, § 1201,
Pub. L. 95–313, § 1,
Pub. L. 101–624, title XII, subtitle C, “This subtitle may be cited as the ‘America the Beautiful Act of 1990’. “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 “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 “SEC. 1261. SHORT TITLE.“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.“(a) 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 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’.“(b) The President is authorized to designate a private nonprofit organization (hereafter in this section referred to as the ‘Foundation’) as eligible to receive funds pursuant to subsections (d) and (e) upon determining that such organization can, consistent with its charter, carry out the purposes stated in subsection (a), and that the officers of such organization have the experience and expertise necessary to direct the activities of the organization. Nothing in this section shall be construed to make officers, employees, 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 establishment of the United States.“(c) The Foundation shall carry out this section in accordance with the purposes stated in subsection (a).“(d) For fiscal year 1991, the Secretary is authorized to make a grant of not to exceed $25,000,000 to the Foundation.“(e) Funds made available pursuant to subsection (d) shall be granted to the Foundation by the Secretary to enable the Foundation to carry out the purposes specified in subsection (a).“(f) Notwithstanding any other provision of law, the Foundation may hold funds made available pursuant to subsection (e) in interest-bearing accounts prior to the disbursement of the funds for purposes specified in subsection (a) and may retain to carry out such purposes any interest earned on the deposits.“(g) “(1) The Foundation may use funds provided by this section only for making grants to qualified organizations, municipalities, counties, towns and townships for the implementation of projects and activities that are consistent with the purposes specified in subsection (a).“(2) 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 implement the project or activity for which the Foundation funds will be used.“(h) 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) The Foundation shall not issue any shares of stock or declare or pay any dividends.“(j) The Foundation shall not engage in lobbying or propaganda for the purpose of influencing legislation and shall not participate or intervene in any political campaign on behalf of any candidate for public office.“(k) “(1) No part of the funds of the Foundation 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) Compensation for board members shall be limited to reimbursement for reasonable costs of travel and expenses.“(3) 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 organization in which such director, officer, or employee—“(i) is an officer, director, or trustee; or“(ii) has any direct or indirect financial interest.“(l) The Foundation 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 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.“(m) “(1) For the fiscal year in which the Foundation receives the grant awarded under subsection (e), and for the succeeding 5 fiscal years, the accounts of the Foundation shall be audited annually in accordance with generally accepted auditing standards by an independent certified public accountant or an independent licensed public accountant certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The report of each such independent audit shall be included in the annual report required by subsection (n).“(2) For the fiscal year in which the Foundation receives the grant awarded under subsection (d), and for the succeeding 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) “(1) Not later than 3 months after the conclusion of each fiscal year, the Foundation shall publish an annual report that includes a comprehensive and detailed report of the operations, activities, financial condition, and accomplishments of the Foundation under this subtitle during the fiscal year.“(2) The obligation of the Foundation to publish annual reports pursuant to this subsection shall terminate after publication of the report incorporating the findings of the final audit in accordance with procedures required by subsection (l).“(o) Trees planted pursuant to a program receiving funds under this section may not be commercially harvested and sold for Christmas trees.“(p) There is authorized to be appropriated $25,000,000 to be granted by the Secretary of Agriculture to the Foundation. All funds appropriated under this section may remain available until expended.“SEC. 1265. RURAL TREE PLANTING AND FOREST MANAGEMENT PROGRAM.“SEC. 1266. COMMUNITY TREE PLANTING AND IMPROVEMENT PROGRAM.
Pub. L. 99–198, title XII, § 1256, as added by Pub. L. 101–624, title XIV, § 1441(a),
Pub. L. 87–492, “Sec. 2. For the purpose of assisting those States which participated in the program carried on under the Soil Bank Act [section 1801 et seq. of Title 7, Agriculture] [repealed] in continuing the production of needed tree planting stock and in other forestry programs, the Secretary of Agriculture is authorized to permit any supplies, materials, equipment, or improvements acquired or constructed with trust funds under the agreements referred to in section 1 to be used in such State forestry work as may further the objectives of related Federal programs, as he may approve, without the requirement that any payment be made by the State into the trust funds.”
Ex. Ord. No. 13955,
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
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.