

Order Code RL33917
Forestry in the 2007 Farm Bill
Updated January 25, 2008
Ross W. Gorte
Specialist in Natural Resources Policy
Resources, Science, and Industry Division
Forestry in the 2007 Farm Bill
Summary
Many programs authorized in the 2002 farm bill (P.L. 107-171) will expire at
the end of FY2007; and the House has passed, and the Senate Agriculture Committee
has offered, a draft bill to reauthorize these programs. General forestry legislation
is within the jurisdiction of the Agriculture Committees, and past farm bills have
included provisions addressing forestry, especially on private lands. Most federal
forestry programs are permanently authorized, and thus do not require periodic
reauthorization in the farm bill. Nonetheless, the 2002 farm bill reauthorized one
office (international forestry), created a new private landowner cost-share assistance
program (the Forest Land Enhancement Program) replacing two previously existing
programs, and enacted a new Community Fire Protection Program.
Forestry provisions are being discussed for a 2007 farm bill. Funding is one
issue, as half the mandatory spending for the Forest Land Enhancement Program
(FLEP) was cancelled. Protecting communities from wildfire continues to be a
priority for some, while controlling invasive species is a priority for others. Assisting
forest-dependent communities in diversifying their economies could also be debated.
Finally, some have expressed interest in trying to create markets for ecosystem
services — forest values that have not traditionally been sold in the marketplace.
The Administration’s 2007 proposed farm bill included a forestry title with four
new programs: (1) comprehensive statewide forest planning; (2) competitive
landscape-scale forestry grants; (3) a 10-year, $150 million forest wood-to-energy
technology development program; and (4) assistance to communities for acquiring,
planning for, and conserving community forests. The Administration’s proposal did
not include a forest landowner financial assistance program, essentially proposing to
terminate the Forest Land Enhancement Program.
On July 27, 2007, the House passed the Farm, Nutrition, and Bioenergy Act of
2007, H.R. 2419 (the 2007 farm bill). The separate forestry title includes national
priorities for forestry assistance, mandatory statewide forest assessments, a new
Coordinating Committee, and competitive allocation for some forestry funding. The
forestry title also would reauthorize three programs, create an Emergency Forest
Restoration Program, and provide grants to Hispanic-serving institutions. In
addition, the bioenergy title includes woody biomass, and forest practices are
included in other energy and conservation programs.
On December 14, 2007, the Senate passed the Food and Energy Security Act of
2007, an amendment in the nature of a substitute to H.R. 2419 (the 2007 farm bill).
Its separate forestry title also includes national priorities for forestry assistance, and
would reauthorize two programs. The Senate would require comprehensive
statewide forest planning and cooperation and collaboration with Indian tribes. It
also would create a new community forest and open space conservation program for
local protection of forests threatened with conversion to non-forest uses; amend the
Lacey Act to restrict imports of illegally logged wood products; authorize changes
to certain national forest timber contracts; and encourage the President to ensure that
imports are consistent with the U.S.-Canada Softwood Lumber Agreement.
Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Forestry Issues for a Farm Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Forestry Assistance Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Wildfire Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Invasive Species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Economic Diversity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Markets for “Ecosystem Services” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
The Administration’s 2007 Forestry Proposal . . . . . . . . . . . . . . . . . . . . . . . . 4
Landowner Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Comprehensive Statewide Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Landscape-Scale Competitive Grant Program . . . . . . . . . . . . . . . . . . . . 5
Forest Wood for Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Community Forests Working Lands Program . . . . . . . . . . . . . . . . . . . . 6
The House-Passed 2007 Farm Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
National Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Statewide Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Forest Resource Coordinating Committee . . . . . . . . . . . . . . . . . . . . . . . 8
Competitive Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Reauthorizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Emergency Reforestation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Hispanic-Serving Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Woody Biomass Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
The Senate-Passed 2007 Farm Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
National Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Statewide Forest Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Community Forest and Open Space Conservation Program . . . . . . . . 10
Reauthorizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Tribal-Forest Service Cooperative Relations . . . . . . . . . . . . . . . . . . . . 11
Illegal Logging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Green Mountain National Forest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
National Forest Timber Contract Options . . . . . . . . . . . . . . . . . . . . . . 11
Woody Biomass Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Forestry in the 2007 Farm Bill
Forestry programs have been addressed in past farm bills and other agriculture
legislation. Federal forestry has historically been associated with agriculture, and
with agriculture legislation. This report briefly describes the Agriculture Committees’
jurisdiction over forestry, with examples of legislation addressed by the committees.
It discusses forestry issues likely to be debated in the upcoming farm bill. It then
presents information on the forestry provisions in the Administration’s proposal for
the 2007 farm bill, followed by the forestry provisions in the House-passed 2007
farm bill (the Farm, Nutrition, and Bioenergy Act of 2007, H.R. 2419) and in the
Senate Committee draft bill (the Food and Energy Security Act of 2007).
Background
Both the House and Senate Committees on Agriculture have jurisdiction over
“forestry in general” and acquired national forests.1 Thus, the committees have been
able to exert considerable influence over federal forestry activities over the years.
For example, the Forest and Rangelands Renewable Resources Planning Act of 1974
(RPA; P.L. 93-378) and the National Forest Management Act of 1976 (NFMA; P.L.
94-588), which guide Forest Service planning and management, were both initially
referred to the Agriculture Committees. More recently, the Healthy Forests
Restoration Act of 2003 (P.L. 108-148) was referred to and reported by the
Agriculture Committees.
In addition to forestry on federal lands, the Agriculture Committees have
jurisdiction over forestry research and forestry assistance to states and to private
landowners.2 Forestry research is governed largely by the Forest and Rangeland
Renewable Resources Research Act of 1978 (P.L. 95-307), which revised and
updated the McSweeney-McNary Act of 1928. Forestry assistance is governed
largely by the Cooperative Forestry Assistance Act of 1978 (P.L. 95-313), which
revised and updated the Clarke-McNary Act of 1924.3 Both laws were referred to
and reported by the Agriculture Committees.
Recent farm bills have also included forestry provisions, primarily addressing
the forestry assistance programs. The 1990 farm bill (the Food, Agriculture,
1 Jurisdiction over national forests established from the public domain lies with the House
Natural Resources Committee and the Senate Energy and Natural Resources Committee.
See each Committee’s website for details on its jurisdiction.
2 These three programs — forest management, forestry research, and forestry assistance —
have traditionally been the three principal branches of the USDA Forest Service.
3 For more information on these programs, see CRS Report RL31065, Forestry Assistance
Programs, by Ross W. Gorte.
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Conservation, and Trade Act of 1990, P.L. 101-624) contained a separate forestry
title that:
! created four new forestry assistance programs;
! revised two existing forestry assistance programs;
! amended two forestry assistance programs;
! revised the administrative provisions for forestry assistance;
! created five special forestry research programs;
! amended three existing forestry research programs;
! authorized a private, non-profit tree planting foundation; and
! created a new FS branch: international forestry.
The 1996 farm bill (the Federal Agriculture Improvement and Reform Act of
1996, P.L. 104-127) included only a few forestry provisions, extending the
authorization for the one expiring assistance program and adding a new funding
option within an existing program.
The 2002 farm bill (the Farm Security and Rural Investment Act of 2002, P.L.
107-171) contained a separate forestry title, which was a product of compromise
between the Senate and the House. The House-passed version contained several
forestry provisions. The Senate-passed version modified most of these provisions
(deleting one), and added more than a dozen additional provisions. The conference
could not resolve many of the differences, and the conference agreement contained
fewer provisions than either the House or Senate version. (Some of the disputed
provisions were enacted subsequently in the Healthy Forests Restoration Act.)
Forestry Issues for a Farm Bill
Reauthorization of the many agriculture programs is a prime reason for the
periodic farm bills, but only two forestry programs have an expiring authority. The
authorizations for expenditures under the Forest Land Enhancement Program (FLEP)
and for the Office of International Forestry expire at the end of FY2007. Most other
FS programs — forest management and planning, research, and assistance — are
permanently authorized, many at “such sums as are necessary.” This may reduce the
pressure to include a forestry title in upcoming farm bills. Nonetheless, various
forestry issues other than authorization levels may be raised, such as forestry
assistance funding, wildfire protection, invasive species, economic diversity, and
markets for “ecosystem services” that have not traditionally been marketed.
Forestry Assistance Funding. Federal funding for forestry assistance
programs has generally been rising, but the increase has not been spread equally
among the various programs. Since the severe 2000 fire season and the development
of the National Fire Plan, funding for cooperative fire programs (assistance to states
and volunteer fire departments) has risen substantially (more than triple pre-2000
funding), and has remained at very high levels. Funding for Forest Legacy
(acquisition of lands or easements on lands threatened with conversion to non-forest
uses) has also risen substantially, from less than $4 million in FY1998 to $60 million
or more annually since FY2001 (and a request of $100 million for FY2005). In
contrast, the Administration has proposed terminating funding for the Economic
Action Program (economic assistance to rural, forest-dependent communities), and
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funding has fallen from a peak of $54 million in FY2001 to less than $10 million in
FY2006.
The adequacy of funding for private landowner assistance programs has been
of concern to many. These programs provide cost-shares to qualified landowners for
various forestry practices that increase tree growth, improve wildlife habitat, protect
watersheds (thus improving water quality), and more. One of the changes enacted
in the 2002 farm bill was to replace two programs — the Forestry Incentives Program
(FIP) and the Stewardship Incentives Program (SIP) — with the new Forest Land
Enhancement Program (FLEP). Because funding for FIP and SIP had been
discretionary and either stagnant (FIP) or lacking (SIP), FLEP was given mandatory
funding through the Commodity Credit Corporation of $100 million total through the
end of FY2007. However, some FLEP funds were borrowed to pay for firefighting
and other funding was cancelled; in total, about half of the $100 million “guaranteed”
for FLEP was actually spent on landowner assistance. Given this history, Congress
might revisit the issue of funding for landowner forestry assistance programs.
Wildfire Protection. The threat of wildfire damages to resources and
property seems to have increased in recent years. Attention has focused on high
biomass fuel levels, particularly in federal forests, and on structures (especially
homes) in or near at-risk forests, a situation known as the wildland-urban interface
(WUI; see CRS Report RS21880, Wildfire Protection in the Wildland-Urban
Interface, by Ross W. Gorte). Section 8003 of the 2002 farm bill created a new
Community and Private Land Fire Assistance Program to assist communities and
private landowners in planning and other activities to protect themselves from
wildfires. The program was authorized at $35 million annually through FY2007 and
“such sums as are necessary ... thereafter.” The FS has included such expenditures
as authorized activities in its State Fire Assistance Program. For FY2005, the House
Appropriations Committee directed that “$5 million of the increase [to State Fire
Assistance] is provided to fund, on a cost share basis, community wildfire protection
plans” (H.Rept. 108-542, p. 94). However, Congress has not appropriated funds
explicitly for this program.
Protecting private lands and structures from wildfires continues to garner
congressional attention, as the threat of wildfire persists. How to assist private
landowners and communities, how to combine this assistance with other assistance
and incentive programs, and how to fund such assistance could be debated in the
farm bill context.
Invasive Species. Invasive species — non-native plants and animals that are
displacing native ones — are becoming recognized as a substantial problem. (See
CRS Report RL30123, Invasive Non-Native Species: Background and Issues for
Congress, by M. Lynne Corn et al.) In a speech to the Idaho Environmental Forum
in January 2004, then-FS Chief Dale Bosworth identified invasive species as one of
the four major threats to the nation’s forests and rangelands.4 The FS’s Forest Health
Management Program has evolved from a mechanism to survey and control insects
4 The other three identified threats are fire and fuels, unmanaged recreation, and loss of open
space. See [http://www.fs.fed.us/projects/four-threats].
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and diseases, to a program to address all forest pests, including invasive species. In
its FY2004 and FY2005 budget requests, the Administration proposed an Emerging
Pests and Pathogens Fund to address rapidly developing problems of invasive
species, but the Appropriations Committees rejected the request both years. In its
deliberations over a farm bill, Congress could address the structure and financing of
programs to prevent and control invasive species on federal, state, and private forests.
Economic Diversity. The economies of many rural communities have
evolved around the use — finding, extracting, processing, and selling — of natural
resources. In some of these areas, one resource (e.g., timber, minerals, livestock) has
traditionally dominated the local economy, but the economies of such areas can be
devastated when that resource is depleted or when its markets are depressed
(permanently or even temporarily). Many communities have sought approaches to
diversifying their economies, to mitigate the travails that can occur when a dominant
economic sector is depressed. The National Forest-Dependent Rural Communities
Economic Diversification Act of 1990 was enacted in §§ 2372-2379 of the 1990 farm
bill to authorize forestry and economic diversification technical assistance to
“economically disadvantaged” rural communities. Under the title Economic Action
Program, funding rose from $14 million in FY1996 to $54 million in FY2001, but
has declined since, and President Bush has proposed terminating the program in
several budget requests. In its farm bill deliberations, Congress could consider ways
to perpetuate economic assistance programs for traditional wood products-dependent
communities, either as a continued FS program or as part of other USDA rural
assistance programs. (See CRS Report RL31837, An Overview of USDA Rural
Development Programs, by Tadlock Cowan.)
Markets for “Ecosystem Services”. Forests provide a broad array of
environmental services — clean air and water, wildlife habitats, pleasant scenery, and
more — for which private landowners are generally not compensated, because these
services are typically not bought and sold in a marketplace. A variety of interests
have examined the possibilities of finding ways to compensate landowners for
continuing to provide ecosystem services.5 This is akin to the “green payments”
proposals that would reward farmers who provide environmental benefits through
their farm management practices. Such “green payments” for forest landowners’
ecosystem services might be discussed in Congress’s farm bill deliberations.
The Administration’s 2007 Forestry Proposal
The Administration’s 2007 farm bill proposed four new forestry programs: (1)
comprehensive statewide forest planning; (2) competitive landscape-scale forestry
grants; (3) a 10-year, $150 million forest wood-to-energy technology development
program; and (4) financial and technical assistance to communities for acquiring,
planning for, and conserving community forests. The Administration’s proposal did
not include reauthorizing FLEP, or creating an new landowner assistance program.
5 American Forests, the Southern Environmental Law Center, and others held a workshop
to discuss landowner compensation for ecosystem services provided in Washington, DC, on
May 18-20, 2005.
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Landowner Assistance. USDA has provided assistance to private forest
landowners for more than a century, since before the FS was established. The current
financial assistance program is the Forest Land Enhancement Program (FLEP). This
program replaced the Forestry Incentives Program (FIP, created in the Cooperative
Forestry Assistance Act of 1978) and the Stewardship Incentives Program (SIP,
created in the 1990 farm bill). FLEP was enacted in the 2002 farm bill with
mandatory funding of $100 million over the six-year life of the law. The promise of
mandatory spending, however, has not been fulfilled. The FS released $20.0 million
for FLEP in FY2003, and borrowed $50 million of the total to pay for firefighting in
the 2003 fire season. The FY2004 Interior appropriations act6 repaid nearly $9.9
million, leaving a balance of $39.9 million. In the FY2005 budget request, the
President requested that the remaining funds be cancelled (not released for
expenditure by the FS). The balance of FLEP funding was cancelled, pursuant to FS
Administrative Provisions in P.L. 108-447, the Consolidated Appropriations Act of
2005, and the borrowed funds were not repaid. Budget authority (prior to
cancellation) was $9.2 million for FY2004, $15.0 million for FY2005, and $5.4
million for FY2006.7 Of the $100 million “guaranteed” for FLEP in the 2002 farm
bill, only $49.5 million will have been spent, with $40.1 million borrowed and not
repaid, and $10.4 million cancelled. The Administration has proposed to neither
renew FLEP nor replace it with an alternative private forest landowner financial
assistance program. It is unclear whether this lack of private landowner assistance
reflects a conclusion that past programs have been ineffective.
Comprehensive Statewide Planning. The Administration proposed a new
program of financial and technical assistance to state forestry agencies to develop and
implement Statewide Forest Resource Assessments and Plans to address the
increasing public demand for forest products and amenities, pressure on landowners
to convert forests to other uses, and risk from wildfire. It is unclear whether a
national direction for statewide forest planning provides the flexibility to address
diverse forests across the United States such as those in Iowa and those in Florida.
The proposal also raises the question of whether the various state forestry
organizations are unable or unwilling to undertake statewide forest planning without
federal direction and oversight. Whether statewide forest planning, together with
other forestry farm bill proposals, would be more effective at providing for the
growth in demand for forest products and amenities than a direct landowner
assistance program, such as FLEP, is unknown. Finally, funding for this new
planning effort is uncertain, when the Administration has proposed to cut FY2008
forest stewardship funding (for financial and technical assistance to states) by 41%.
Landscape-Scale Competitive Grant Program. The Administration’s
proposal included a new landscape-scale competitive grant program “to develop
innovative solutions that address local forest management issues; develop local
nontraditional forest product markets; and stimulate local economies through creation
of value-added forest product industries.” The Administration identified as
significant problems the aging of family forest owners and potential fragmentation
6 FS programs have been funded in the annual Interior appropriations acts since 1955.
7 Personal communication with Joe Norrell, USDA Forest Service, Office of Program and
Budget, Washington, DC, on October 27, 2006.
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of forests over the next two decades. The proposal would create a program that
“would ensure a comprehensive, coordinated approach to forest management and
would ensure collaboration across ownership and jurisdictional boundaries.”
However, many aspects of the proposal are unclear, such as:
! how “landscapes” would be defined for the grants;
! the proportion of the landowners or lands that would need to be
involved for a landscape to be eligible for a grant;
! whether landowners, including governmental entities, could be
convinced or coerced to cooperate;
! why the program is related to landscapes and landowners, since the
goal is to foster nontraditional markets and value-added industries;
and
! how the landscape grant proposals would be assessed and compared;
that is, what criteria would be used to make the grants competitive.
Forest Wood for Energy. The Administration proposed a 10-year, $150
million wood-to-energy program to accelerate development and use of new
technologies to use the substantial amounts of low-grade woody biomass that degrade
forest health and exacerbate wildfire risks and are of little commercial value. The
proposal did not identify the program goals, nor describe whether the focus would
be on converting woody biomass to cellulosic ethanol or burning woody biomass to
produce electricity. While the proposal seems to emphasize technological solutions,
other factors — capital costs, infrastructure, collection and hauling opportunities, etc.
— might be critical for improved utilization of low-value woody biomass for energy.
It is unclear whether this proposal, or other programs, could address these other
factors.
Community Forests Working Lands Program. The Administration’s
2007 farm bill proposed a community forests working lands program to provide
communities with the financial assistance to acquire and conserve forests and the
technical assistance to plan for the use and conservation of those forests. This
program would particularly address the problem of producing goods and services
from forests at the urban fringe. However, it is unclear how this proposed program
differs from the existing Forest Legacy Program. The proposal also did not address
the question of the federal role and responsibility in funding or otherwise assisting
communities in acquiring and conserving local forestlands. Finally, some might
question whether the proposed community forests program, and the proposed
competitive landscape-scale grant program (discussed above) move away from
private forestland ownership and individual decision-making toward communal
forest ownership and management.
The House-Passed 2007 Farm Bill
On July 27, 2007, the House passed the 2007 farm bill, the Farm, Nutrition, and
Bioenergy Act of 2007 (H.R. 2419). It contains a forestry title (Title VIII) and two
woody biomass programs in the bioenergy title, while woody biomass and forest
practices are included in a wide array of other energy and conservation programs.
The forestry title sets priorities for national private forest conservation, requires
statewide assessments and strategies for forest resources, creates a new Forest
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Resource Coordinating Committee, and directs competitive allocation for some state
assistance funding while allowing competitive allocation for funding innovative
projects. The bill would reauthorize three forestry programs through 2012. The bill
also includes an Emergency Forest Restoration Program to provide assistance for
restoration efforts for forests damaged by natural factors. Finally, the forestry title
provides a competitive grant program to Hispanic-serving institutions to increase
diversity in forestry and related fields.
One significant aspect of the House-passed bill is the lack of a private forest
landowner assistance program, consistent with the Administration’s proposal.
Authorization for the current program, the Forest Land Enhancement Program
(FLEP), expired at the end of FY2007. This would mark the first time since the
Cooperative Forestry Assistance Act was enacted in 1978 that no such forest
landowner financial aid program is authorized.
Forestry practices and woody biomass are addressed elsewhere in the 2007 farm
bill, as well. Many of the existing and proposed conservation programs include
forestry practices as applicable conservation activities that qualify for cost-share
assistance. (For more information on agriculture conservation programs, see CRS
Report RL33556, Soil and Water Conservation: An Overview and CRS Report
RL34060, Conservation and the 2007 Farm Bill, both by Jeffrey A. Zinn.) Also,
many of the existing and proposed bioenergy programs include woody biomass as a
possible feedstock. (For more information on agriculture bioenergy, see CRS Report
RL32712, Agriculture-Based Renewable Energy Production, by Randy Schnepf.)
The programs that include forest-related activities, but are not focused primarily on
these activities, are not included in this report. Two energy programs specific to
woody fuels are described below.
National Priorities. The House-passed 2007 farm bill establishes a new set
of national priorities for federal assistance for private forest conservation. It adds a
new subsection to § 2 of the Cooperative Forestry Assistance Act of 1978:
(c) Priorities — In allocating funds appropriated or otherwise made available
under this Act, the Secretary shall focus on the following national private forest
conservation priorities, notwithstanding other priorities specified elsewhere in
this Act:
(1) Conserving and managing working forest landscapes for multiple values
and uses.
(2) Protecting forests from threats, including wildfire, hurricane, tornado,
windstorm, snow or ice storm, flooding, drought, invasive species, or insect or
disease outbreak, 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 and wildlife
habitat, and recreation.
Thus, forestry assistance is to conserve working forests, protect and restore forests,
and enhance public benefits from private forests.
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Statewide Assessments. The House-passed farm bill requires each state
to conduct a statewide assessment of forest resource conditions, trends, and threats
to receive federal forestry assistance funds. Each state also must prepare a strategy
for addressing the identified threats, along with a description of programs and
resources available for addressing the threats. The states have two years to prepare
the initial assessment and strategy, with annual updates for the strategy and updates
as needed for the assessment, and coordinate with specified agencies and groups.
The Secretary may use up to $10 million of appropriated forestry assistance funds to
assist states with their assessments and strategies.
Forest Resource Coordinating Committee. The House-passed bill
replaces the existing USDA Coordinating Committee with a new Forest Resource
Coordinating Committee, composed of the heads of four USDA agencies (and
chaired by the Chief of the Forest Service) and representatives of state agencies,
academia, and interest groups. The Committee is to provide coordination and
direction to the USDA agencies and to coordinate with state agencies, focused on
achieving the national priorities identified above.
Competitive Funding. The House-passed bill requires that the Secretary
allocate a portion of funds available under the Cooperative Forestry Assistance Act
of 1978 on a competitive basis. The portion to be competitively allocated is “to be
determined by the Secretary,” in consultation with the Forest Resource Coordinating
Committee.
The bill also allows the Secretary to competitively allocate up to 5% of
cooperative assistance funding for “innovative national, regional, or local education,
outreach, or technology transfer projects” that contribute substantially to achieving
the national priorities. These projects require a 50% matching contribution.
Reauthorizations. The House-passed 2007 farm bill reauthorizes, through
2012, the Office of International Forestry, under § 2405(d) of the Global Climate
Change Prevention Act of 1990 (7 U.S.C. § 6704(d)), and the Rural Revitalization
Technologies Program, under § 2371(d)(2) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (the 1990 farm bill; 7 U.S.C. § 6601(d)(2)).
The bill also extends and modifies funding for Healthy Forest Reserves. These
reserves were authorized through 2008 in the Healthy Forests Restoration Act of
2003 (16 U.S.C. §§ 6571-6578). The extension requires the Secretary to provide $10
million annually for the program from the Commodity Credit Corporation for
FY2008-FY2012.
Emergency Reforestation. The House-passed 2007 farm bill adds an
Emergency Forest Restoration Program to an existing Emergency Conservation
Program under Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. §§ 2201-
2205).8 The original program focused on emergency protection and rehabilitation to
wind- or water-eroded agricultural lands. The expanded program provides up to 75%
8 The Cooperative Forestry Assistance Act contains a permanently authorized Emergency
Reforestation program [16 U.S.C. § 2106a] that has not been funded since FY1993.
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of the costs (up to $50,000 annually) for landowners to rehabilitate or restore their
forest lands damaged by storms, fires, drought, invasive species, or insects or
diseases.
Hispanic-Serving Institutions. The House-passed farm bill authorizes a
program of competitive grants for undergraduate scholarships to recruit, retain, and
train Hispanics and other under-represented groups in forestry and related fields. The
program is authorized through 2012 at “such sums as may be necessary....”
Woody Biomass Energy. The bioeneregy title of the House-passed 2007
farm bill includes two provisions, both numbered § 9019, to expand the use of woody
biomass in energy production. The first § 9019 adds a new § 9018 to Title IX of the
Farm Security and Rural Investment Act of 2002 (the 2002 farm bill; 7 U.S.C. §§
8101 et seq.). This section creates a competitive research-and-development grant
program for using woody biomass, with priorities for low-value biomass, wood
biorefineries, wood-derived transportation fuels, and improved yield from energy
plantations. Mandatory funding is provided at $15 million annually through 2012
from the Commodity Credit Corporation.
The other § 9019 creates a Community Wood Energy Program. This creates a
grant program for state and local governments to acquire wood energy systems for
public buildings and to develop and implement a community wood energy plan. The
state or local government is required to match the federal grant. The program is
permanently authorized at “such sums as may be necessary....”
The Senate-Passed 2007 Farm Bill
On December 14, 2007, the Senate passed a 2007 farm bill, the Food and
Energy Security Act of 2007, an amendment in the nature of a substitute to H.R. 2419
as passed by the House. It contains a forestry title (Title VIII) as well as including
woody biomass and forest practices in a wide array of energy and conservation
programs. The forestry title sets priorities for national private forest conservation,
requires comprehensive statewide forest planning, creates a new Community Forest
and Open Space Conservation Program, restricts illegal logging, and authorizes
modifications to certain national forest timber contracts. The bill would reauthorize
two forestry programs through 2012, and contains two provisions affecting the Green
Mountain National Forest in Vermont. The bill also includes a subtitle to improve
collaboration and cooperation between Indian tribes and federal agencies. Finally,
the bill also contains a Sense-of-the-Senate provision encouraging the President to
ensure that lumber imports from Canada are consistent with the United States-
Canada Softwood Lumber Agreement.
One significant aspect of the Senate-passed bill is the lack of a private forest
landowner assistance program, consistent with the Administration’s proposal and the
House-passed bill. Authorization for the current program, the Forest Land
Enhancement Program (FLEP), expired at the end of FY2007. This would mark the
first time since the Cooperative Forestry Assistance Act was enacted in 1978 that no
such forest landowner financial aid program is authorized.
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Forestry practices and woody biomass are addressed elsewhere in the 2007 farm
bill, as well. Many of the existing and proposed conservation programs include
forestry practices as applicable conservation activities that qualify for cost-share
assistance. (For more information on agriculture conservation programs, see CRS
Report RL33556, Soil and Water Conservation: An Overview, and CRS Report
RL34060, Conservation and the 2007 Farm Bill, both by Jeffrey A. Zinn.) Also,
many of the existing and proposed bioenergy programs include woody biomass as a
possible feedstock. (For more information on agriculture bioenergy, see CRS Report
RL32712, Agriculture-Based Renewable Energy Production, by Randy Schnepf.)
The programs that include forest-related activities, but are not focused primarily on
these activities, are not included in this report. Two energy programs specific to
woody fuels are described below.
National Priorities. The Senate 2007 farm bill establishes a new set of
national priorities for federal assistance for private forest conservation. It adds a new
subsection to § 2 of the Cooperative Forestry Assistance Act of 1978:
(c) Priorities — In allocating funds appropriated or otherwise made available
under this Act, the Secretary shall focus on the following national private forest
conservation priorities:
(1) Conserving and managing working forest landscapes for multiple values
and uses.
(2) Protecting forests from threats to forest and forest health, including
unnaturally large wildfires, hurricanes, tornadoes, windstorms, snow or ice
storms, flooding, drought, invasive species, or insect or disease outbreak, and
restoring appropriate forest structures and ecological processes in response to
such threats.
(3) Enhancing public benefits from private forests, including air and water
quality, forest products, forestry-related jobs, production of renewable energy,
wildlife, enhanced biodiversity, and the establishment or maintenance of wildlife
corridors and wildlife habitat, and recreation.
Thus, forestry assistance would be provided to conserve working forests, protect and
restore forests, and enhance public benefits from private forests. The priorities are
similar, but not identical, to the priorities in the House-passed bill.
Statewide Forest Planning. The Senate-passed farm bill requires each state
to prepare a comprehensive statewide forest plan to achieve the national priorities.
Each state must coordinate its plan with specified agencies and groups. The
Secretary may use up to $10 million to assist states with their planning.
Community Forest and Open Space Conservation Program. The
Senate bill includes a provision amending the Cooperative Forestry Assistance Act
of 1978 to establish a Community Forest and Open Space Conservation Program.
The program provides grants to local governments, Indian tribes, or nonprofit
organizations to acquire lands threatened by conversion to non-forest uses and that
provide economic, environmental, educational, and recreational benefits and serve
as models of sustainable forest stewardship for other landowners. The grants may
be up to 50% of the acquisition cost, with the authorization for “such sums as are
necessary.” This program is similar to the Forest Legacy Program, which authorizes
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the federal acquisition, or grants to states for their acquisition, of lands or easements
on lands threatened by conversion to non-forest uses.
Reauthorizations. The Senate 2007 farm bill reauthorizes, through 2012, the
Office of International Forestry, under § 2405(d) of the Global Climate Change
Prevention Act of 1990 (7 U.S.C. § 6704(d)), and the Renewable Resources
Extension Act of 1978 (P.L. 95-306; 16 U.S.C. § 1671). The Senate did not follow
the House in reauthorizing the Healthy Forest Reserves or the Rural Revitalization
Through Forestry programs.
Tribal-Forest Service Cooperative Relations. This subtitle contains two
parts. The first part has two sections. One section amends the Forest Legacy
Program — which provides funds for federal or state acquisition of lands or
easements to protect lands threatened with conversion to non-forest uses — to allow
grants to Indian tribes for similar purposes. The second section authorizes the
Secretary of Agriculture (in coordination with the Secretary of the Interior) to provide
financial, technical, educational, and related assistance to Indian tribes to (a) access
national forests for traditional, religious, and cultural purposes; (b) coordinate or
cooperate in resource management; and (c) provide tribal traditional, cultural, or
other expertise or knowledge.
Part II of this subtitle addresses authorities for cultural and heritage cooperation.
One section authorizes the use of national forest lands, with federal assistance for
reburial of human remains and cultural items. Another section authorizes temporary
closures of national forest lands historically used by Indians to assure access for
traditional and cultural uses. A third section authorizes free use of trees and forest
products for traditional and cultural (but not commercial) purposes. The final section
generally prohibits disclosure of information on reburials as well as information on
tribal resources, cultural items, uses, or activities.
Illegal Logging. The Senate bill amends the Lacey Act Amendments of 1981
(P.L. 97-79; 16 U.S.C. §§ 3371-3378) to expand the restrictions on and the penalties
for importing wild plants or plant parts (e.g., logs and lumber) removed in violation
of domestic or foreign laws. It excludes crops, cultivars, and plants and plant parts
(e.g., seeds, roots, and cuttings) intended for planting in the United States. It also
expands and clarifies for plants the definition of taken or possessed illegally, and
establishes a process for legal plant imports. (See CRS Report RL33932, Illegal
Logging: Background and Issues, by Pervaze A. Sheikh.)
Green Mountain National Forest. The Senate bill includes two provisions
affecting the Green Mountain National Forest in Vermont. The first expands the
boundary of the forest to allow for acquiring certain lands. (The Forest Service
cannot acquire, by purchase, exchange, or donation, lands outside the designated
boundaries of the national forests.) The other provision authorizes the sale or
exchange of specific lands to the Bromley Mountain Ski Resort, with specific
directions on the use of any proceeds generated by the sale or exchange.
National Forest Timber Contract Options. The Senate bill allows the
purchasers of non-salvage Forest Service timber sale contracts awarded between July
1, 2004, and December 31, 2006, to request a modification to their contracts. The
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options available are to cancel a portion of the contract, to have the payment rate
recalculated (called a rate redetermination), or to substitute an approved Producer
Price Index for the index specified in the contract. The Secretary may agree to the
contract modification if the several specified terms and limitations are met.
Woody Biomass Energy. The bioeneregy title of the Senate Committee-
approved 2007 farm bill includes two provisions to expand the use of woody biomass
in energy production. The first provision adds a new § 9013 to Title IX of the Farm
Security and Rural Investment Act of 2002 (the 2002 farm bill; 7 U.S.C. §§ 8101 et
seq.). This section creates a competitive research-and-development grant program
for using woody biomass, with priorities for low-value biomass, processes integrated
with biorefineries, wood-derived transportation fuels, and improved yield from
energy plantations. Funding is authorized at $5 million annually for FY2008-
FY2012.
The other provision adds a new § 9014 to the 2002 farm bill, to create a new
Community Wood Energy Program. This is a grant program for state and local
governments to develop a community wood energy plan and acquire wood energy
systems for public buildings. Project priorities are to be determined considering
energy efficiency and appropriate conservation and environmental criteria. The state
or local government monies are required to match the federal grant. Funding is
authorized at $5 million annually for FY2008-FY2012.