Forestry programs have been addressed in past farm bills and other agriculture legislation. It then presents information on the forestry provisions in the 2008 farm bill, the Food, Conservation, and Energy Act of 2008 ( P.L. 110-246 ), organized by provisions in the forestry title and other provisions. It concludes with some forestry issues that were debated and that might be discussed in the next farm bill. Background

Both the House and Senate Committees on Agriculture have jurisdiction over "forestry in general" and acquired national forests. Forestry assistance is governed largely by the Cooperative Forestry Assistance Act of 1978 (CFAA; P.L. 95-313 ; 16 U.S.C. 107-171 ) contained a separate forestry title. It was not reauthorized, and thus has expired. Community Forest and Open Space Conservation Program

The farm bill (§ 8003) amended the CFAA 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 portion to be competitively allocated was "to be determined by the Secretary," in consultation with the Forest Resource Coordinating Committee. Emergency Reforestation

The farm bill (§ 8203) added an Emergency Forest Restoration Program to the existing Emergency Conservation Program under Title IV of the Agricultural Credit Act of 1978 ( P.L. Illegal Logging

The farm bill (§ 8204) amended the Lacey Act Amendments of 1981 ( P.L. National Forest Modifications

The bill included provisions affecting national forest lands:
§§ 8301 and 8303, modifying the boundary of the Green Mountain National Forest (VT), and authorizing the sale or exchange of specific lands to the Bromley Mountain Ski Resort, with specific directions on using any proceeds generated by the sale or exchange; § 8302(a)-(e), directing the conveyance, without consideration, of certain USDA lands in New Mexico to the Chihuahuan Desert Nature Park; and § 8302(f), directing the conveyance, without consideration, of certain lands in the George Washington National Forest (VA) to the Central Advent Christian Church of Alleghany County. Conservation

The conservation title of the 2008 farm bill (Title II) modified numerous agricultural conservation programs to include forestry practices on nonindustrial private forest lands as approved activities for the program. The section required technical guidelines to facilitate the development of environmental services markets, with priority on carbon markets. A provision (§ 3301) in the agricultural trade and aid title of the 2008 farm bill (Title III) added a new Title VIII (Softwood Lumber) to the Tariff Act of 1930 (19 U.S.C. The provision requires softwood lumber importers to declare imports and fees paid, allowing the federal government to verify and reconcile data on softwood lumber imports and to assure implementation of the Agreement. Woody Biomass Energy

The energy title of the 2008 farm bill (Title IX) included two provisions to expand the use of woody biomass in energy production. The other provision (§ 9013) created a new Community Wood Energy Program. Timber Tax Provisions

The tax and trade provisions of the 2008 farm bill (Title XV) included provisions affecting forests and forest landowners. Finally, several provisions (§§ 15312-15315) altered and clarified the tax treatment of timber real estate investment trusts (REITs). Nonetheless, interest groups have raised various forestry issues other than the authorization levels for possible discussion within a future farm bill, such as forestry assistance funding, wildfire protection, invasive species, economic diversity, and markets for ecosystem services that have not traditionally been marketed. Forestry is included in many conservation programs that provide financial assistance to private landowners, but FLEP was not reauthorized in the 2008 farm bill.
The Food, Conservation, and Energy Act of 2008 (the 2008 farm bill) became law P.L. 110-246 when the House and Senate voted to override President Bush's veto on June 18, 2008. The conference agreement on the bill (H.R. 2419) had been enacted, vetoed by the President, and overridden (P.L. 110-234), but inadvertently excluded the trade title. Both chambers repassed the conference agreement (with the trade title) as H.R. 6124; it was again vetoed and again overridden as P.L. 110-246.
The 2008 farm bill contained a forestry title and forestry provisions in other titles. 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 reauthorization in the farm bill.
The forestry title (Title VIII) of the 2008 farm bill amended the Cooperative Forestry Assistance Act of 1978 (P.L. 95-313; 16 U.S.C. §§ 2101-2114) in several ways. It added national priorities for forestry assistance, required statewide forest assessments, created a new community forest and open space conservation program (to protect forests threatened with conversion to non-forest uses), established a new Coordinating Committee, added an Emergency Forest Restoration Program, and authorized competitive allocation for some forestry assistance funding. The title also directed cooperation and collaboration with Indian tribes, amended the Lacey Act to restrict imports of illegally logged wood products, authorized changes to certain national forest timber contracts, and provided grants to Hispanic-serving institutions. In addition, it reauthorized and extended four existing programs.
Other titles also contained provisions affecting forestry. The conservation title (Title II) modified most programs to include forestry activities and directed the creation of infrastructure for environmental services markets (including carbon markets). The trade title (Title III) included a section requiring lumber importers to report on imports and fees paid, to assure implementation of the 2006 U.S.-Canada Softwood Lumber Agreement. The energy title (Title IX) included woody biomass in many programs. Finally, the tax title (Title XV) included provisions to authorize new tax-exempt forest conservation bonds, to modify income deductions for qualified timber income, and to modernize and clarify the tax treatment of timber real estate investment trusts (REITs).
Other forestry provisions were suggested by various interests, and might be considered in the next farm bill. Funding is one issue, as half the mandatory spending for the Forest Land Enhancement Program (FLEP) was cancelled and the program was not reauthorized. 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 has also been debated. Finally, some have expressed interest in trying to provide payments for ecosystem services—forest values that have not traditionally been sold in the marketplace.