Title 16 — Conservation
Chapter 42 — Emergency Conservation Program
§ 2206. Emergency forest restoration program
Statutory text
Definitions
In this section:
Emergency measures
The term “emergency measures” means those measures that—
are necessary to address damage caused by a natural disaster to natural resources on nonindustrial private forest land, and the damage, if not treated—
would impair or endanger the natural resources on the land; and
would materially affect future use of the land; and
would restore forest health and forest-related resources on the land.
Natural disaster
The term “natural disaster” includes wildfires (including a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes, and a wildfire that is caused by the Federal Government), hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other resource-impacting events, as determined by the Secretary.
Nonindustrial private forest land
The term “nonindustrial private forest land” means rural land, as determined by the Secretary, that—
has existing tree cover (or had tree cover immediately before the natural disaster and is suitable for growing trees); and
is owned by any nonindustrial private individual, group, association, corporation, or other private legal entity, that has definitive decision-making authority over the land.
Availability of assistance
The Secretary may make payments to an owner of nonindustrial private forest land who carries out emergency measures to restore the land after the land is damaged by a natural disaster.
Eligibility
To be eligible to receive a payment under subsection (b), an owner must demonstrate to the satisfaction of the Secretary that the nonindustrial private forest land on which the emergency measures are carried out had tree cover immediately before the natural disaster.
Cost share requirement
Payments made under subsection (b) shall not exceed 75 percent of the total cost of the emergency measures carried out by an owner of nonindustrial private forest land.
Advance payments
In general
The Secretary shall give an owner of nonindustrial private forest land the option of receiving, before the owner carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the Secretary.
Return of funds
If the funds provided under paragraph (1) are not expended by the end of the 180-day period beginning on the date on which the owner of nonindustrial private forest land receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary.
Authorization of appropriations
There are authorized to be appropriated to the Secretary such funds as may be necessary to carry out this section. Amounts so appropriated shall remain available until expended.
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.
Agricultural Credit Act of 1978
Pub. L. 95–334 title IV § 407 · 92 Stat. 420
Enacted · 16 U.S.C. § 2206
Pub. L. 95–334, title IV, § 407, as added Pub. L. 110–234, title VIII, § 8203(a), May 22, 2008, 122 Stat. 1290, and Pub. L. 110–246, § 4(a), title VIII, § 8203(a), June 18, 2008, 122 Stat. 1664, 2051
Source evidence
Code source credit
Pub. L. 95–334, title IV, § 407, as added Pub. L. 110–234, title VIII, § 8203(a), May 22, 2008, 122 Stat. 1290, and Pub. L. 110–246, § 4(a), title VIII, § 8203(a), June 18, 2008, 122 Stat. 1664, 2051Agriculture Improvement Act of 2018
Pub. L. 115–334 title II § 2403(a)(2)(B) · 132 Stat. 4490
Struck · 16 U.S.C. § 2206(a)(4)
Pub. L. 115–334 struck out par. (4). Text read as follows: “The term ‘Secretary’ means the Secretary of Agriculture.”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 115–334 struck out par. (4). Text read as follows: “The term ‘Secretary’ means the Secretary of Agriculture.”Enacted provision · exact public law section
(B) Section 407(a) of the Agricultural Credit Act of 1978 (16 U.S.C. 2206(a)) is amended by striking paragraph (4).Pub. L. 119–102 § 3(1) · 140 Stat. 986
Substituted · 16 U.S.C. § 2206(a)(2)
Pub. L. 119–102, § 3(1), substituted “wildfires (including a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes, and a wildfire that is caused by the Federal Government),” for “wildfires,”
Unresolved: Pub. L. 119–102 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 119–102, § 3(1), substituted “wildfires (including a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes, and a wildfire that is caused by the Federal Government),” for “wildfires,”.Pub. L. 119–102 § 3(2) · 140 Stat. 986
Added · 16 U.S.C. § 2206(e); 16 U.S.C. § 2206(f)
Pub. L. 119–102, § 3(2), (3), added subsec. (e)
Redesignated · 16 U.S.C. § 2206(e); 16 U.S.C. § 2206(f)
Pub. L. 119–102, § 3(2), (3), redesignated former subsec. (e) as (f)
Unresolved: Pub. L. 119–102 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (e), (f). Pub. L. 119–102, § 3(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f).
1 of 5 references resolved to an enrolled provision · 1 partial · 3 unresolved
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Amendments2018–2026 · 2 rounds
2026
Subsec. (a)(2). Pub. L. 119–102, § 3(1), substituted “wildfires (including a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes, and a wildfire that is caused by the Federal Government),” for “wildfires,”.
Subsecs. (e), (f). Pub. L. 119–102, § 3(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f).
2018
Subsec. (a)(4). Pub. L. 115–334 struck out par. (4). Text read as follows: “The term ‘Secretary’ means the Secretary of Agriculture.”
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
Regulations
Pub. L. 110–234, title VIII, § 8203(b), , 122 Stat. 1291, and Pub. L. 110–246, § 4(a), title VIII, § 8203(b), , 122 Stat. 1664, 2052, provided that: “Not later than one year after the date of the enactment of this Act [], the Secretary of Agriculture shall issue regulations to carry out section 407 of the Agricultural Credit Act of 1978 [16 U.S.C. 2206], as added by subsection (a).”
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Credits
2008–2026 · 3 acts
- 2008Pub. L. 95–334, title IV, § 407, as added Pub. L. 110–234, title VIII, § 8203(a), , 122 Stat. 1290, and Pub. L. 110–246, § 4(a), title VIII, § 8203(a), , 122 Stat. 1664, 2051
- 2018amended Pub. L. 115–334, title II, § 2403(a)(2)(B), , 132 Stat. 4571
- 2026Pub. L. 119–102, § 3, , 140 Stat. 986.
Show as published
(Pub. L. 95–334, title IV, § 407, as added Pub. L. 110–234, title VIII, § 8203(a), , 122 Stat. 1290, and Pub. L. 110–246, § 4(a), title VIII, § 8203(a), , 122 Stat. 1664, 2051; amended Pub. L. 115–334, title II, § 2403(a)(2)(B), , 132 Stat. 4571; Pub. L. 119–102, § 3, , 140 Stat. 986.)