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16 U.S.C. § 2106a — Emergency reforestation assistance
Federal law — U.S. Code and appendices · legal_authorities
**(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 11 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 Cooperativ
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Source location: Title 16, Chapter 41, § 2106a; chapter-041-cooperative-forestry-assistance.md
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**(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 11 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2101&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3839aa&num=0&edition=prelim) et seq.], or other Federal program.
**(d) Definitions** As 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** 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.
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, the Secretary, upon the request of any agency of any State charged with the administration of the public lands of the State, may permit the transfer of acreage allotments or feed grain bases together with relevant production histories which have been determined pursuant to the Agricultural Adjustment Act of 1938, as amended [[7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.], or [section 590p of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590p&num=0&edition=prelim), from any farm composed of public lands to any other farm or farms in the same county composed of public lands: Provided, That as a condition for the transfer of any allotment or base an acreage equal to or greater than the allotment or base transferred prior to adjustment, if any, shall be devoted to and maintained in permanent vegetative cover on the farm from which the transfer is made. The Secretary shall prescribe regulations which he deems necessary for the administration of this section, which may provide for adjusting downward the size of the allotment or base transferred if the farm to which the allotment or base is transferred normally has a higher yield per acre for the commodity for which the allotment or base is determined, for reasonable limitations on the size of the resulting allotments and bases on farms to which transfers are made, taking into account the size of the allotments and bases on farms of similar size in the community, and for retransferring allotments or bases and relevant histories if the conditions of the transfers are not fulfilled.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Total amount of benefits** The total amount of benefits that a person shall be entitled to receive annually under one or more of the programs established under this subchapter may not exceed $50,000.
**(b) Issuance of regulations** The Secretary shall issue regulations—
(1) defining the term “person”, which shall conform, to the extent practicable, to the regulations defining the term “person” issued under [section 1308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308&num=0&edition=prelim) (before the amendment made by section 1603(a) 11 See References in Text note below. of the Food, Conservation, and Energy Act of 2008), or successor statute;
(2) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section; and
(3) providing that the term “person” shall include, in the case of any cooperative association of producers, each member of the association with respect to benefits due to such member of the association.
**(c) Receipt of other disaster payments** No person may receive benefits under this subchapter attributable to lost production of a feed commodity due to a natural disaster in 1988 to the extent that such person receives a disaster payment under the Disaster Assistance Act of 1988 on such lost production.
**(d) Total combined payment and benefits limitation** Each person otherwise eligible for a livestock emergency benefit under this subchapter in 1988 shall be subject to the combined payment and benefits limitation established under section 211(c) of the Disaster Assistance Act of 1988.
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of the environmental quality incentives program established by this subpart are to promote agricultural production, forest management, and environmental quality as compatible goals, and to optimize environmental benefits, by—
(1) assisting producers in complying with local, State, and national regulatory requirements concerning—
(A) soil, water, and air quality;
(B) wildlife habitat; and
(C) surface and ground water conservation;
(2) avoiding, to the maximum extent practicable, the need for resource and regulatory programs by assisting producers in protecting soil, water, air, and related natural resources and meeting environmental quality criteria established by Federal, State, tribal, and local agencies;
(3) providing flexible assistance to producers to install and maintain conservation practices that sustain food and fiber production while—
(A) enhancing soil, water, and related natural resources, including grazing land, forestland, wetland, and wildlife;
(B) developing and improving wildlife habitat; and
(C) conserving energy; and
(4) assisting producers to make beneficial, cost-effective changes to production systems, including addressing identified, new, or expected resource concerns related to organic production, grazing management, fuels management, forest management, nutrient management associated with crops and livestock, pest management, irrigation management, adapting to, and mitigating against, increasing weather volatility, drought resiliency measures, or other practices on agricultural and forested land.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that—
(1) most of the productive forest land of the United States is in private, State, and local governmental ownership, and the capacity of the United States to produce renewable forest resources is significantly dependent on such non-Federal forest lands;
(2) adequate supplies of timber and other forest resources are essential to the United States, and adequate supplies are dependent on efficient methods for establishing, managing, and harvesting trees and processing, marketing, and using wood and wood products;
(3) nearly one-half of the wood supply of the United States comes from nonindustrial private timberlands and such percentage could rise with expanded assistance programs;
(4) managed forest lands provide habitats for fish and wildlife, as well as aesthetics, outdoor recreation opportunities, and other forest resources;
(5) the soil, water, and air quality of the United States can be maintained and improved through good stewardship of privately held forest resources;
(6) insects and diseases affecting trees occur and sometimes create emergency conditions on all land, whether Federal or non-Federal, and efforts to prevent and control such insects and diseases often require coordinated action by both Federal and non-Federal land managers;
(7) fires in rural areas threaten human lives, property, forests and other resources, and Federal-State cooperation in forest fire protection has proven effective and valuable;
(8) trees and forests are of great environmental and economic value to urban areas;
(9) managed forests contribute to improving the quality, quantity, and timing of water yields that are of broad benefit to society;
(10) over half the forest lands of the United States are in need of some type of conservation trea
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary is authorized and directed to make such expenditures as he deems necessary to carry out the provisions of this chapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, including personal services and rents in the District of Columbia and elsewhere; traveling expenses; supplies and equipment; lawbooks, books of reference, directories, periodicals, and newspapers; and the preparation and display of exhibits, including such displays at community, county, State, interstate, and international fairs within the United States. The Secretary of the Treasury is authorized and directed upon the request of the Secretary to establish one or more separate appropriation accounts into which there shall be transferred from the respective funds available for the purposes of this chapter and chapter 3B of title 16, in connection with which personnel or other facilities of the Agricultural Adjustment Administration are utilized, proportionate amounts estimated by the Secretary to be required by the Agricultural Adjustment Administration for administrative expenses in carrying out or cooperating in carrying out any of the provisions of this chapter and chapter 3B of title 16.
**(b)** In the administration of this subchapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, the aggregate amount expended in any fiscal year, beginning with the fiscal year ending June 30, 1942, for administrative expenses in the District of Columbia, including regional offices, and in the several States (not including the expenses of county and local committees) shall not exceed 3 per centum of the total amount available for such fiscal year for carrying out the purposes of this subchapter and chapter 3B of title 16, unless otherwise provided by appropriation or oth
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Commodity Credit Corporation** Except as otherwise provided in this chapter, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this chapter.
**(b) Determinations by Secretary** A determination made by the Secretary under this chapter shall be final and conclusive.
**(c) Regulations**
(1) **In general** — Except as otherwise provided in this subsection, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter.
(2) **Procedure** — The promulgation of the regulations and administration of this chapter and the amendments made by this chapter shall be made without regard to—
(A) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”);
(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
(C) the notice and comment provisions of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim).
(3) **Congressional review of agency rulemaking** — In carrying out this subsection, the Secretary shall use the authority provided under [section 808 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section808&num=0&edition=prelim).
(4) **Interim regulations** — Notwithstanding paragraphs (1) and (2), the Secretary shall implement the amendments made by sections 1603 and 1604 for the 2009 crop, fiscal, or program year, as appropriate, through the promulgation of an
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Federal law — U.S. Code and appendices · legal_authorities
Page 2141
TITLE 16—CONSERVATION
§ 2101
1 See 1990 Amendment note below.
ural Gas Transportation Projects, see note set out
under section 2002 of this title.
§ 2009. Termination of program
The provisions of this chapter shall terminate
on December 31, 2023.
(Pub. L. 95–192, § 10, Nov. 18, 1977, 91 Stat. 1411;
Pub. L. 99–198, title XII, § 1252(d), Dec. 23, 1985, 99
Stat. 1517; Pub. L. 110–234, title II, § 2804(e), May
22, 2008, 122 Stat. 1088; Pub. L. 110–246, § 4(a), title
II, § 2804(e), June 18, 2008, 122 Stat. 1664, 1816;
Pub. L. 115–334, title II, § 2402(4), Dec. 20, 2018, 132
Stat. 4571.)
Editorial Notes
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.
AMENDMENTS
2018—Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’.
2008—Pub. L. 110–246, § 2804(e), substituted ‘‘2018’’ for
‘‘2008’’.
1985—Pub. L. 99–198 substituted ‘‘2008’’ for ‘‘1985’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment 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.
CHAPTER 41—COOPERATIVE FORESTRY
ASSISTANCE
Sec.
2101.
Findings, purpose, and policy.
2101a.
State-wide assessment and strategies for for-
est resources.
2102.
Rural forestry assistance.
2103.
Repealed.
2103a.
Forest Stewardship Program.
2103b.
Repealed.
2103c.
Forest Legacy Program.
2103d.
Community forest and open space conserva-
tion program.
2104.
Forest health protection.
2104a.
Pest and Disease Revolving Loan Fund.
2105.
Urban and
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
Page 2163
TITLE 16—CONSERVATION
§ 2106a
1 See References in Text note below.
§ 2106a. Emergency reforestation assistance
(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 dam-
aging weather, related condition, or wildfire.
(b) Form of assistance
The assistance, if any, provided by the Sec-
retary under this section shall consist of ei-
ther—
(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, provi-
sion 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 re-
ceive 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 pur-
poses of this section that shall conform, to
the extent practicable, to the regulations de-
fining the term ‘‘person’’ issued under sec-
tion 1308 1 of title 7 (before the amendment
made by section 1603(a) of the Food, Con-
servation, and Energy Act of 2008);
(B) prescribing such rules as the Secretary
determines necessary to ensure a fair and
reasonable application of the limitations es-
tablished under this subsection; and
(C) ensuri
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2106a
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Federal law — U.S. Code and appendices · legal_authorities
Page 2382
TITLE 16—CONSERVATION
§ 3839aa
Section 3839b, Pub. L. 99–198, title XII, § 1239B, as
added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104
Stat. 3598, related to duties of Secretary.
Section 3839c, Pub. L. 99–198, title XII, § 1239C, as
added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104
Stat. 3599, related to payments.
Section 3839d, Pub. L. 99–198, title XII, § 1239D, as
added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104
Stat. 3600, related to changes in ownership; modifica-
tion of easement.
PART IV—ENVIRONMENTAL QUALITY INCENTIVES
PROGRAM
AND
CONSERVATION
STEWARDSHIP
PROGRAM
Editorial Notes
CODIFICATION
Pub. L. 115–334, title II, § 2301(a)(1), Dec. 20, 2018, 132
Stat. 4551, substituted ‘‘Environmental Quality Incen-
tives Program and Conservation Stewardship Program’’
for ‘‘Environmental Quality Incentives Program’’ in
part heading.
Chapter 4 of subtitle D of title XII of the Food Secu-
rity Act of 1985, comprising this part, was originally
added to Pub. L. 99–198 by Pub. L. 104–127, title III, § 334,
Apr. 4, 1996, 110 Stat. 996. Chapter 4 is shown herein,
however, as having been added by Pub. L. 107–171, title
II, § 2301, May 13, 2002, 116 Stat. 253, because of the ex-
tensive revision of the chapter’s provisions by Pub. L.
107–171. Such revision did not contain a chapter head-
ing, which was subsequently added by Pub. L. 110–234,
title II, § 2501(b), May 22, 2008, 122 Stat. 1058, and Pub.
L. 110–246, § 4(a), title II, § 2501(b), June 18, 2008, 122 Stat.
1664, 1786. Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246 effective May 22, 2008, the date of enact-
ment of Pub. L. 110–234.
SUBPART A—ENVIRONMENTAL QUALITY INCENTIVES
PROGRAM
§ 3839aa. Purposes
The purposes of the environmental qua
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