§2206 — Title 16 Conservation | U.S. Code

Summary

The Secretary can pay owners of nonindustrial private forest land to do emergency repairs after a natural disaster damages their trees. Owners must show the land had tree cover immediately before the disaster. Payments may cover up to 75 percent of the repair costs. The law lets the Secretary get whatever funds are needed, and that money stays available until spent. Emergency measures: repairs to fix damage and restore forest health. Natural disaster: events like wildfires, hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other events the Secretary decides. Nonindustrial private forest land: rural private land with tree cover (or that had it before the disaster) that is able to grow trees and is controlled by a private owner or group.

Title 16, §2206

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “emergency measures” means those measures that—

(A)are necessary to address damage caused by a natural disaster to natural resources on nonindustrial private forest land, and the damage, if not treated—

(i)would impair or endanger the natural resources on the land; and

(ii)would materially affect future use of the land; and

(B)would restore forest health and forest-related resources on the land.

(2)The term “natural disaster” includes wildfires, hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other resource-impacting events, as determined by the Secretary.

(3)The term “nonindustrial private forest land” means rural land, as determined by the Secretary, that—

(A)has existing tree cover (or had tree cover immediately before the natural disaster and is suitable for growing trees); and

(B)is owned by any nonindustrial private individual, group, association, corporation, or other private legal entity, that has definitive decision-making authority over the land.

(b)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.

(c)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.

(d)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.

(e)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.

Notes & Related Subsidiaries

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.

Amendments

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 May 22, 2008, 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),

May 22, 2008, 122 Stat. 1291, and Pub. L. 110–246, § 4(a), title VIII, § 8203(b),

June 18, 2008, 122 Stat. 1664, 2052, provided that: “Not later than one year after the date of the enactment of this Act [

June 18, 2008], 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.]

§2206 Emergency Forest Restoration Program

Summary

Title 16, §2206

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Regulations

Citations & Metadata