§ 2106a. Emergency reforestation assistance

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Forest Stewardship Act of 1990

   Pub. L. 101–624 title XII § 1271 · 104 Stat. 3359

   Enacted · 16 U.S.C. § 2106a

   Pub. L. 101–624, title XII, § 1271, Nov. 28, 1990, 104 Stat. 3557

   Source evidence

   Code source credit
   Pub. L. 101–624, title XII, § 1271, Nov. 28, 1990, 104 Stat. 3557

   Enacted provision · exact public law section
   SEC. 1271. 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 Regulations. 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 1001 of the Food Security Act of 1985 (7 U.S.C. 1308); (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, and the Agricultural Conservation Program established under section 16(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h, 5901, or 590p), 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 the date of enactment of this section. The Secretary shall not make reimbursements for reforestation practices that were implemented prior to September 1, 1989.

2. 1991

   Pub. L. 102–237 title X § 1018(f) · 105 Stat. 1818

   Inserted · 16 U.S.C. § 2106a(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (f) Reforestation Assistance.— Section 1271(c)(3)(C) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3558; 16 U.S.C. 2106a) is amended— (1) by inserting “(16 U.S.C. 2101 et seq.)” after “1978”; and (2) by striking “(16 U.S.C. 590h, 5901, or 590p)” and inserting “(16 U.S.C. 590p(b))”.

3. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title III § 336(a)(2)(E) · 110 Stat. 888

   Substituted · 16 U.S.C. § 2106a(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (E) Section 1271(c)(3)(C) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C)) is amended by striking “Agricultural Conservation Program established under section 16(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h, 5901, or 590p)” and inserting “environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985”.

4. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 1603(g)(5) · 122 Stat. 1651

   1. Amended · 16 U.S.C. § 2106a(c)(3)(A)

      Pub. L. 110–246, § 1603(g)(5), as amended by Pub. L. 113–79, § 1609(b)(1)

   2. Inserted · 16 U.S.C. § 2106a(c)(3)(A)

      Pub. L. 110–246, § 1603(g)(5), as inserted “(before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008)” after “section 1308 of title 7”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(A). Pub. L. 110–246, § 1603(g)(5), as amended by Pub. L. 113–79, § 1609(b)(1), inserted “(before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008)” after “section 1308 of title 7”.

   Enacted provision · exact public law section
   (5) Section 1271(c)(3)(A) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(A)) is amended by inserting “(before the amendment made by section 1703(a) of the Food, Conservation, and Energy Act of 2008)” after “1308)”.

   Effective date note
   Amendment by Pub. L. 113–79 effective as if included in Pub. L. 110–246, see section 1609(b)(2) of Pub. L. 113–79, set out as a note under section 1471g of Title 7, Agriculture.

5. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 1609(b)(1) · 128 Stat. 649

   Inserted · 16 U.S.C. § 2106a(c)(3)(A)

   Pub. L. 113–79, § 1609(b)(1), amended language inserted by Pub. L. 110–246, § 1603(g)(5). See 2008 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (c)(3)(A). Pub. L. 113–79, § 1609(b)(1), amended language inserted by Pub. L. 110–246, § 1603(g)(5). See 2008 Amendment note below.

   Enacted provision · exact public law section
   (1) Amendment.— Section 1603(g) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1739) 7 USC 1471g, 1524, 8204; 16 USC 2106a; 19 USC 2401. is amended in paragraphs (2) through (6) and the amendments made by those paragraphs by striking “1703(a)” each place it appears and inserting “1603(a)”.

   Effective date note
   Amendment by Pub. L. 113–79 effective as if included in Pub. L. 110–246, see section 1609(b)(2) of Pub. L. 113–79, set out as a note under section 1471g of Title 7, Agriculture.

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 title II § 2301(d)(2)(E) · 132 Stat. 4490

   Inserted · 16 U.S.C. § 2106a(c)(3)(C)

   Pub. L. 115–334 inserted “subchapter A of” before “chapter 4”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(C). Pub. L. 115–334 inserted “subchapter A of” before “chapter 4”.

   Enacted provision · exact public law section
   (E) Section 1271(c)(3)(C) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C)) is amended by inserting “subchapter A of” before “chapter 4”.

7 of 7 references resolved to an enrolled provision