§ 2106a. — Emergency reforestation assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2106a]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2106a. Emergency reforestation assistance
(a) In general
The Secretary of Agriculture is authorized to provide assistance
under this section to eligible landowners who suffer destruction of 35
percent or more of a commercial tree stand due to damaging weather,
related condition, or wildfire.
(b) Form of assistance
The assistance, if any, provided by the Secretary under this section
shall consist of either--
(1) reimbursement of up to 65 percent of the cost of
reestablishing such tree stand damaged by the damaging weather,
related condition, or wildfire in excess of 35 percent mortality; or
(2) at the discretion of the Secretary, provision of sufficient
tree seedlings to reestablish such tree stand.
(c) Conditions
(1) Limitation on assistance
No person may receive an amount in excess of $25,000 in any
fiscal year, or an equivalent value in tree seedlings, under this
section.
(2) Ineligibility
A person who has qualifying gross revenues in excess of
$2,000,000 annually, as determined by the Secretary, shall not be
eligible to receive any disaster payment or other benefits under
this section.
(3) Implementation
In implementing this section, the Secretary shall issue
regulations--
(A) defining the term ``person'' for the purposes of this
section that shall conform, to the extent practicable, to the
regulations defining the term ``person'' issued under section
1308 of title 7;
(B) prescribing such rules as the Secretary determines
necessary to ensure a fair and reasonable application of the
limitations established under this subsection; and
(C) ensuring that no person receives duplicative payments or
assistance under this section, the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101 et seq.), and the
environmental quality incentives program established under
chapter 4 of subtitle D of title XII of the Food Security Act of
1985 [16 U.S.C. 3839aa et seq.], or other Federal program.
(d) Definitions
As used in this section--
(1) the term ``damaging weather'' includes drought, hail,
excessive moisture, freeze, tornado, hurricane, excessive wind, or
any combination thereof;
(2) the term ``eligible landowner'' means a person who--
(A) produces annual crops from trees for commercial purposes
and owns 500 acres or less of such trees;
(B) owns 1,000 acres or less of private forest land; or
(C) owns more than 1,000 acres but less than 5,000 acres of
private forest land if the Secretary, in the Secretary's
discretion, determines the person eligible;
(3) the term ``qualifying gross revenues'' means--
(A) if a majority of the person's annual income is received
from farming, ranching, and forestry operations, the gross
revenue from the person's farming, ranching, and forestry
operations; and
(B) if less than a majority of the person's annual income is
received from farming, ranching, and forestry operations, the
person's gross revenue from all sources;
(4) the term ``related condition'' includes insect infestations,
disease, or other deterioration of a tree stand that is accelerated
or exacerbated by damaging weather;
(5) the term ``reestablish'' includes site preparation,
reforestation of a damaged stand, and timber stand improvement
practices, including thinning, prescribed burning, and other
practices approved by the Secretary for reforestation;
(6) the term ``Secretary'' means the Secretary of Agriculture;
and
(7) the term ``wildfire'' means any forest or range fire.
(e) Retroactive assistance
The Secretary shall use funds provided under this section to
reimburse landowners for approved reforestation practices that were
implemented before November 28, 1990. The Secretary shall not make
reimbursements for reforestation practices that were implemented prior
to September 1, 1989.
(Pub. L. 101-624, title XII, Sec. 1271, Nov. 28, 1990, 104 Stat. 3557;
Pub. L. 102-237, title X, Sec. 1018(f), Dec. 13, 1991, 105 Stat. 1906;
Pub. L. 104-127, title III, Sec. 336(a)(2)(E), Apr. 4, 1996, 110 Stat.
1005.)
References in Text
The Cooperative Forestry Assistance Act of 1978, referred to in
subsec. (c)(3)(C), is Pub. L. 95-313, July 1, 1978, 92 Stat. 365, as
amended, which is classified principally to this chapter (Sec. 2101 et
seq.). For complete classification of this Act to the Code, see Short
Title note set out under section 2101 of this title and Tables.
The Food Security Act of 1985, referred to in subsec. (c)(3)(C), is
Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Chapter 4 of
subtitle D of title XII of the Act is classified generally to part IV
(Sec. 3839aa et seq.) of subchapter IV of chapter 58 of this title. For
complete classification of this Act to the Code, see Short Title of 1985
Amendment note set out under section 1281 of Title 7, Agriculture, and
Tables.
Codification
Section was enacted as part of the Federal Stewardship Act of 1990
and also as part of the Food, Agriculture, Conservation, and Trade Act
of 1990, and not as part of the Cooperative Forestry Assistance Act of
1978 which comprises this chapter.
Amendments
1996--Subsec. (c)(3)(C). Pub. L. 104-127 substituted ``environmental
quality incentives program established under chapter 4 of subtitle D of
title XII of the Food Security Act of 1985'' for ``Agricultural
Conservation Program established under section 590p(b) of this title''.
1991--Subsec. (c)(3)(C). Pub. L. 102-237 inserted ``(16 U.S.C. 2101
et seq.)'' after ``1978'' and made technical amendment to reference to
section 590p(b) of this title to correct corresponding provision of
original Act.
Section Referred to in Other Sections
This section is referred to in section 2106b of this title.
