article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Suburban and Community Forestry and Open Space Initiative Act of 2001''. SEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE. The Cooperative Forestry Assistance Act of 1978 is amended by inserting after section 7 (16 U.S.C. 2103c) the following: ``SEC. 7A. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a State (including a political subdivision) or nonprofit organization that the Secretary determines under subsection (c)(1)(A)(ii) is eligible to receive a grant under subsection (c)(2). ``(2) Indian tribe.--The term `Indian tribe'-- ``(A) in the case of the State of Alaska, means a Native corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); and ``(B) in the case of any other State, has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(3) Private forest land.--The term `private forest land' means land that is-- ``(A)(i) covered by trees; or ``(ii) suitable for growing trees, as determined by the Secretary; ``(B) suburban, as determined by the Secretary; and ``(C) owned by-- ``(i) a private entity; or ``(ii) an Indian tribe. ``(4) Program.--The term `program' means the Suburban and Community Forestry and Open Space Initiative established by subsection (b). ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Chief of the Forest Service. ``(b) Establishment.-- ``(1) In general.--There is established within the Forest Service a program to be known as the `Suburban and Community Forestry and Open Space Initiative'. ``(2) Purpose.--The purpose of the program is to provide assistance to eligible entities to carry out projects and activities to-- ``(A) identify and preserve private forest land; and ``(B) contain suburban sprawl. ``(c) Grant Program.-- ``(1) Identification of eligible private forest land.-- ``(A) In general.--The Secretary, in consultation with State foresters or equivalent State officials and State planning offices, shall establish criteria for-- ``(i) the identification, subject to subparagraph (B), of private forest land in each State that may be preserved under this section; and ``(ii) the identification of eligible entities. ``(B) Conditions for eligible private forest land.--Private forest land identified for preservation under subparagraph (A)(i) shall be land that is-- ``(i) located in an area that is affected, or threatened to be affected, by significant suburban sprawl, as determined by the appropriate planning office of the State in which the private forest land is located; and ``(ii) threatened by present or future conversion to nonforest use. ``(2) Grants.-- ``(A) Projects and activities.-- ``(i) In general.--In carrying out this section, the Secretary shall award grants to eligible entities to carry out a project or activity described in clause (ii). ``(ii) Types.--A project or activity referred to in clause (i) is a project or activity that-- ``(I) is carried out to preserve private forest land or contain suburban sprawl; and ``(II) provides for guaranteed public access to land on which the project or activity is carried out, unless the appropriate State planning office requests, and provides justification for the request, that that requirement be waived. ``(B) Application.--An eligible entity that seeks to receive a grant under this section shall submit to the Secretary, in such form as the Secretary shall prescribe, an application for the grant (including a description of any private forest land to be preserved using funds from the grant). ``(C) Approval or disapproval.-- ``(i) In general.--Subject to clause (ii), as soon as practicable after the date on which the Secretary receives an application under subparagraph (B) or a resubmission under subclause (II)(bb), the Secretary shall-- ``(I)(aa) approve the application; and ``(bb) award a grant to the applicant; or ``(II)(aa) disapprove the application; and ``(bb) provide the applicant a statement that describes the reasons why the application was disapproved (including a deadline by which the applicant may resubmit the application). ``(ii) Priority.--In awarding grants under this section, the Secretary shall give priority to applicants that propose to fund projects and activities that promote, in addition to the primary purposes of preserving private forest land and containing suburban sprawl-- ``(I) the active management, in a sustainable manner, of private forest land; ``(II) community and school education programs and curricula relating to sustainable forestry; and ``(III) community involvement in determining the care and management of forest resources. ``(3) Cost sharing.-- ``(A) In general.--The Federal share of the cost of carrying out any project or activity using funds from a grant awarded under this section shall not exceed \1/2\ of the total cost of the project or activity. ``(B) Assurances of non-federal share.--As a condition of receipt of a grant under this section, an eligible entity shall provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the non-Federal share of the cost of each project or activity to be funded by the grant has been secured. ``(C) Form of non-federal share.--The non-Federal share of the cost of carrying out any project or activity described in subparagraph (A) may be provided in cash or in kind. ``(d) Use of Grant Funds for Purchases of Land or Easements.-- ``(1) Purchases.-- ``(A) In general.--Except as provided in subparagraph (B), funds made available, and grants awarded, under this section may be used to purchase private forest land or interests in private forest land (including conservation easements) only from willing sellers at fair market value. ``(B) Sales at less than fair market value.--A sale of private forest land or an interest in private forest land at less than fair market value shall be permitted only on certification by the landowner that the sale is being entered into willingly and without coercion. ``(2) Title.--Title to private forest land or an interest in private forest land purchased under paragraph (1) may be held, as determined appropriate by the Secretary, by-- ``(A) a State (including a political subdivision of a State); or ``(B) a nonprofit organization. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $50,000,000 for fiscal year 2003; and ``(2) such sums as are necessary for each fiscal year thereafter.''.
summary: Suburban and Community Forestry and Open Space Initiative Act of 2001 - Amends the Cooperative Forestry Assistance Act of 1978 to establish in the Forest Service the Suburban and Community Forestry and Open Space Initiative, which shall provide grants to preserve private forest land and contain suburban sprawl.