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Title 16, ConservationRelease 119-110

§2206 Emergency Forest Restoration Program

Title 16 › CHAPTER 42 — EMERGENCY CONSERVATION PROGRAM › § 2206

Last updated Sep 22, 2026|Official source

Summary

The Secretary may pay owners of private forest land to carry out emergency measures to fix damage from a natural disaster. Emergency measures are actions needed to stop or repair damage that would harm the land or its future use and that help restore forest health. Natural disaster means events like wildfires, hurricanes or high winds, drought, ice storms or blizzards, floods, or other similar resource‑hurting events. Nonindustrial private forest land means rural private land with trees (or that had trees right before the disaster) owned by private people or groups who control the land. To get a payment, an owner must show the land had tree cover right before the disaster. Payments cannot be more than 75 percent of the treatment cost. Owners can ask for up to 75 percent up front. If advance funds are not spent within the 180‑day period after they are received, they must be returned in a reasonable time. Congress may provide the money needed, and those funds stay available until spent.

Full Legal Text

Title 16, §2206

Conservation, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Emergency measures
(2)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.
(3)Nonindustrial private forest land
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)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.
(c)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.
(d)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.
(e)Advance payments
(1)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.
(2)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.
(f)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

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

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 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.]

Reference

Citations & Metadata

Citation

16 U.S.C. § 2206

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110