{"identifier":"/us/usc/t16/s2106a","title":16,"num":"\u00a7\u202f2106a.","heading":"Emergency reforestation assistance","text":"\u00a7\u202f2106a.\nEmergency reforestation assistance\n(a)\nIn general\nThe 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.\n(b)\nForm of assistance\nThe assistance, if any, provided by the Secretary under this section shall consist of either\u2014\n(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\n(2) at the discretion of the Secretary, provision of sufficient tree seedlings to reestablish such tree stand.\n(c)\nConditions\n(1)\nLimitation on assistance\nNo person may receive an amount in excess of $25,000 in any fiscal year, or an equivalent value in tree seedlings, under this section.\n(2)\nIneligibility\nA 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.\n(3)\nImplementation\nIn implementing this section, the Secretary shall issue regulations\u2014\n(A) defining the term \u201cperson\u201d for the purposes of this section that shall conform, to the extent practicable, to the regulations defining the term \u201cperson\u201d issued under section 1308\n1\n1 See References in Text note below.\n(B) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitations established under this subsection; and\n(C) ensuring that no person receives duplicative payments or assistance under this section, the Cooperative Forestry Assistance Act of 1978 (\n16 U.S.C. 2101\n16 U.S.C. 3839aa\n(d)\nDefinitions\nAs used in this section\u2014\n(1) the term \u201cdamaging weather\u201d includes drought, hail, excessive moisture, freeze, tornado, hurricane, excessive wind, or any combination thereof;\n(2) the term \u201celigible landowner\u201d means a person who\u2014\n(A) produces annual crops from trees for commercial purposes and owns 500 acres or less of such trees;\n(B) owns 1,000 acres or less of private forest land; or\n(C) owns more than 1,000 acres but less than 5,000 acres of private forest land if the Secretary, in the Secretary\u2019s discretion, determines the person eligible;\n(3) the term \u201cqualifying gross revenues\u201d means\u2014\n(A) if a majority of the person\u2019s annual income is received from farming, ranching, and forestry operations, the gross revenue from the person\u2019s farming, ranching, and forestry operations; and\n(B) if less than a majority of the person\u2019s annual income is received from farming, ranching, and forestry operations, the person\u2019s gross revenue from all sources;\n(4) the term \u201crelated condition\u201d includes insect infestations, disease, or other deterioration of a tree stand that is accelerated or exacerbated by damaging weather;\n(5) the term \u201creestablish\u201d 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;\n(6) the term \u201cSecretary\u201d means the Secretary of Agriculture; and\n(7) the term \u201cwildfire\u201d means any forest or range fire.\n(e)\nRetroactive assistance\nThe Secretary shall use funds provided under this section to reimburse landowners for approved reforestation practices that were implemented before\nNovember 28, 1990\nSeptember 1, 1989","url":"https://projectusc.org/usc/t16/s2106a.html","content":[{"t":"sec","id":"/us/usc/t16/s2106a","children":[{"t":"num","text":"\u00a7\u202f2106a."},{"t":"heading","text":"Emergency reforestation assistance"},{"t":"subsec","id":"/us/usc/t16/s2106a/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s2106a/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Form of assistance"},{"t":"chapeau","text":"The assistance, if any, provided by the Secretary under this section shall consist of either\u2014"},{"t":"para","id":"/us/usc/t16/s2106a/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2106a/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" at the discretion of the Secretary, provision of sufficient tree seedlings to reestablish such tree stand.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s2106a/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Conditions"},{"t":"para","id":"/us/usc/t16/s2106a/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Limitation on assistance"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2106a/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Ineligibility"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2106a/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Implementation"},{"t":"chapeau","text":"In implementing this section, the Secretary shall issue regulations\u2014"},{"t":"subpara","id":"/us/usc/t16/s2106a/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" defining the term \u201cperson\u201d for the purposes of this section that shall conform, to the extent practicable, to the regulations defining the term \u201cperson\u201d issued under section 1308\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of title 7 (before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008);"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s2106a/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitations established under this subsection; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s2106a/c/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" ensuring that no person receives duplicative payments or assistance under this section, the Cooperative Forestry Assistance Act of 1978 (","children":[{"t":"ref","text":"16 U.S.C. 2101","href":"/us/usc/t16/s2101","tail":" 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 ["},{"t":"ref","text":"16 U.S.C. 3839aa","href":"/us/usc/t16/s3839aa","tail":" et seq.], or other Federal program."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s2106a/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"As used in this section\u2014"},{"t":"para","id":"/us/usc/t16/s2106a/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the term \u201cdamaging weather\u201d includes drought, hail, excessive moisture, freeze, tornado, hurricane, excessive wind, or any combination thereof;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2106a/d/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" the term \u201celigible landowner\u201d means a person who\u2014"},{"t":"subpara","id":"/us/usc/t16/s2106a/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" produces annual crops from trees for commercial purposes and owns 500 acres or less of such trees;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s2106a/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" owns 1,000 acres or less of private forest land; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s2106a/d/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" owns more than 1,000 acres but less than 5,000 acres of private forest land if the Secretary, in the Secretary\u2019s discretion, determines the person eligible;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2106a/d/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" the term \u201cqualifying gross revenues\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t16/s2106a/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" if a majority of the person\u2019s annual income is received from farming, ranching, and forestry operations, the gross revenue from the person\u2019s farming, ranching, and forestry operations; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s2106a/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" if less than a majority of the person\u2019s annual income is received from farming, ranching, and forestry operations, the person\u2019s gross revenue from all sources;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2106a/d/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" the term \u201crelated condition\u201d includes insect infestations, disease, or other deterioration of a tree stand that is accelerated or exacerbated by damaging weather;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2106a/d/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" the term \u201creestablish\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2106a/d/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" the term \u201cSecretary\u201d means the Secretary of Agriculture; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2106a/d/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" the term \u201cwildfire\u201d means any forest or range fire.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s2106a/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Retroactive assistance"},{"t":"content","children":[{"t":"p","text":"The Secretary shall use funds provided under this section to reimburse landowners for approved reforestation practices that were implemented before ","children":[{"t":"text","text":"November 28, 1990","tail":". The Secretary shall not make reimbursements for reforestation practices that were implemented prior to "},{"t":"text","text":"September 1, 1989","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}