Title 16, ConservationRelease 119-110
§2106a Emergency Reforestation Assistance
Title 16 › CHAPTER 41 — COOPERATIVE FORESTRY ASSISTANCE › § 2106a
Summary
The Secretary of Agriculture can help landowners who lose 35% or more of a commercial tree stand because of damaging weather, related problems, or wildfire. Help can be either paying back up to 65% of the replanting cost for the loss above 35% mortality, or giving enough tree seedlings to replant. No one can get more than $25,000 in a fiscal year or that value in seedlings. People with more than $2,000,000 in qualifying gross revenues are not eligible. The Secretary must make rules to define who counts as a person, to keep the rules fair, and to prevent getting the same aid from other federal programs. Damaging weather: drought, hail, too much moisture, freeze, tornado, hurricane, high wind, or a mix. Eligible landowner: someone who grows trees for sale and who either owns 500 acres or less of those trees, owns 1,000 acres or less of private forest land, or owns between 1,000 and 5,000 acres if the Secretary allows it. Qualifying gross revenues: revenue from farming/ranching/forestry if those make up most income; otherwise total income. Related condition: insect infestation, disease, or other decline made worse by weather. Reestablish: site prep, replanting, and stand-improvement practices like thinning or prescribed burning, or other approved actions. Secretary: Secretary of Agriculture. Wildfire: any forest or range fire. The Secretary must also reimburse approved reforestation work done on or after September 1, 1989 and before November 28, 1990.
Full Legal Text
Title 16, §2106a
Conservation, Source: USLM XML via OLRC
(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 (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)Definitions
As used in this section
(1)
(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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Section 1308 of title 7 (before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008), referred to in subsec. (c)(3)(A), means section 1308 of title 7 before the amendment made by section 1603(a) of Pub. L. 110–246, which amended the definition of “covered commodity” in section 1308(a)(1). section 1603(b) of Pub. L. 110–246 amended section 1308 by, among other things, adding subsec. (a)(4) which defined “person” and striking out subsec. (e) which related to issuance of
Regulations
defining “person”. The
Amendments
made by section 1603 of Pub. L. 110–246 to section 1308 were effective
May 22, 2008. 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, which is classified principally to this chapter (§ 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. Subchapter A of chapter 4 of subtitle D of title XII of the Act is classified generally to subpart A (§ 3839aa et seq.) of part IV 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 Pub. L. 110–234 and Pub. L. 110–246 made identical
Amendments
to this section. The
Amendments
by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. 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
2018—Subsec. (c)(3)(C). Pub. L. 115–334 inserted “subchapter A of” before “chapter 4”. 2014—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. 2008—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”. 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.
Statutory Notes and Related Subsidiaries
Effective Date
of 2014 AmendmentAmendment 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.
Effective Date
of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an
Effective Date
note under section 8701 of Title 7, Agriculture.
Reference
Citations & Metadata
Citation
16 U.S.C. § 2106a
Title 16, Conservation
Last Updated
Sep 23, 2026
Release point: 119-110