View all text of Chapter 41 [§ 2101 - § 2114]

§ 2106a. Emergency reforestation assistance
(a) In general
(b) Form of assistanceThe 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
(2) Ineligibility
(3) ImplementationIn 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 1
1 See References in Text note below.
of title 7 (before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008);
(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 subchapter A of 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) DefinitionsAs 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
(Pub. L. 101–624, title XII, § 1271, Nov. 28, 1990, 104 Stat. 3557; Pub. L. 102–237, title X, § 1018(f), Dec. 13, 1991, 105 Stat. 1906; Pub. L. 104–127, title III, § 336(a)(2)(E), Apr. 4, 1996, 110 Stat. 1005; Pub. L. 110–234, title I, § 1603(g)(5), May 22, 2008, 122 Stat. 1011; Pub. L. 110–246, § 4(a), title I, § 1603(g)(5), June 18, 2008, 122 Stat. 1664, 1740; Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709; Pub. L. 115–334, title II, § 2301(d)(2)(E), Dec. 20, 2018, 132 Stat. 4554.)