§ 2105.
(a)
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)
urban trees are 15 times more effective than forest trees at reducing the buildup of carbon dioxide and aid in promoting energy conservation through mitigation of the heat island effect in urban areas;
(5)
tree plantings and ground covers such as low growing dense perennial turfgrass sod 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;
(6)
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
(7)
strengthened research, education, technical assistance, and public information and participation in tree planting and maintenance programs for trees and complementary ground covers 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.
(b)
Purposes
The purposes of this section 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)
provide assistance through competitive matching grants awarded to local units of government, approved organizations that meet the requirements of
section 501(c)(3) of title 26, or other local community tree volunteer groups, for urban and community forestry projects;
(5)
implement a tree planting program to complement urban and community tree maintenance and open space programs and to reduce carbon dioxide emissions, conserve energy, and improve air quality in addition to providing other environmental benefits;
(6)
promote the establishment of demonstration projects in selected urban and community settings to illustrate the benefits of maintaining and creating forest cover and trees;
(7)
enhance the technical skills and understanding of sound tree maintenance and arboricultural practices including practices involving the cultivation of trees, shrubs and complementary ground covers, of individuals involved in the planning, development, and maintenance of urban and community forests and trees; and
(8)
expand existing research and educational efforts intended to improve understanding of—
(A)
tree growth and maintenance, tree physiology and morphology, species adaptations, and forest ecology,
(B)
the value of integrating trees and ground covers,
(C)
the economic, environmental, social, and psychological benefits of trees and forest cover in urban and community environments, and
(D)
the role of urban trees in conserving energy and mitigating the urban heat island.
(d)
Program of education and technical assistance
The Secretary, in cooperation with State foresters and State extension directors or equivalent State officials and interested members of the public, including nonprofit private organizations, shall implement a program of education and technical assistance for urban and community 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, identifying opportunities for the establishment of plantings for the purposes of conserving energy, and determining 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 and for promotion of energy conservation;
(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 energy conservation, 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.
(g)
Forestry Advisory Council
(1)
Establishment and purpose
The Secretary shall establish a National Urban and Community Forestry Advisory Council (hereafter in this section referred to as the “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 (f).
(2)
Composition and operation
(A)
Composition
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 equivalent State agencies,
(vii)
1 member representing a professional renewable natural resource or arboricultural society,
(viii)
1 member from the National Institute of Food and Agriculture,
(ix)
1 member from the Forest Service, and
(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.
(D)
Terms
(ii)
Staggered terms
Of the members first appointed—
(I)
5, including the chairperson and 2 governmental employees, shall be appointed for a term of 3 years,
(II)
5, including 2 governmental employees, shall be appointed for a term of 2 years, and
(III)
5, including 2 governmental employees, shall be appointed for a term of 1 year, as designated by the Secretary at the time of appointment.
(E)
Compensation
(ii)
Federal officers and employees
(iii)
Financial and administrative support
(3)
Urban and Community Forestry Action Plan
Within 1 year after November 28, 1990, 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 Department of Agriculture, 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 (f), 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 National Urban and Community Forestry Action Plan for the succeeding 10 fiscal years.
(5)
Review of plan
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 required under subsection (e) of
section 1601 of this title.
(h)
Definitions
For the purposes of this section—
(1)
the term “Council” means the National Urban and Community Forestry Advisory Council established under subsection (g);
(2)
the term “plan” means the National Urban and Community Forestry Action Plan developed under subsection (g)(3); and
(3)
the term “urban and community area” includes cities, their suburbs, and towns.
([Pub. L. 95–313, § 9], formerly § 6, July 1, 1978, [92 Stat. 369]; renumbered § 9 and amended [Pub. L. 101–624, title XII], §§ 1215(1), 1219(a), Nov. 28, 1990, [104 Stat. 3525], 3533; [Pub. L. 102–237, title X, § 1018(a)(3)], Dec. 13, 1991, [105 Stat. 1905]; [Pub. L. 110–234, title VII, § 7511(c)(36)], May 22, 2008, [122 Stat. 1271]; [Pub. L. 110–246, § 4(a)], title VII, § 7511(c)(36), June 18, 2008, [122 Stat. 1664], 2032; [Pub. L. 117–58, div. G, title III, § 70302(a)(1)(B)], Nov. 15, 2021, [135 Stat. 1260].)