16 U.S.C. § 2106 — Rural fire prevention and control

Page 2161 TITLE 16—CONSERVATION § 2106 1 See References in Text note below. 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 L. 110–234 were repealed by section 4(a) of Pub.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 2021—Subsec. (g). Pub. L. 117–58, in concluding provi- sions, substituted ‘‘subsection (e) of section 1601’’ for ‘‘section 1601(d)’’ and made technical amendment to reference in original act which appears in text as ref- erence to section 1601 of this title. 2008—Subsec. (g)(2)(A)(viii). Pub. L. 110–246, § 7511(c)(36), substituted ‘‘National Institute of Food and Agriculture’’ for ‘‘Extension Service’’. 1991—Subsec. (g)(1)(C), (3)(E). Pub. L. 102–237, § 1018(a)(3)(A), (B), substituted ‘‘subsection (f)’’ for ‘‘subsection (e)’’. Subsec. (h)(1). Pub. L. 102–237, § 1018(a)(3)(C), sub- stituted ‘‘subsection (g)’’ for ‘‘subsection (f)’’. Subsec. (h)(2). Pub. L. 102–237, § 1018(a)(3)(D), sub- stituted ‘‘subsection (g)(3)’’ for ‘‘subsection (f)(3)’’. 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions relating to Congressional findings concerning urban forestry as- sistance, financial, technical, and related assistance to State foresters or equivalent State officials to encour- age planning of urban forestry programs, and author- ization of appropriations. 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 7511(c)(36) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of Title 7, Agriculture. TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the Presi- dent or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is oth- erwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 2106. Rural fire prevention and control (a) Congressional findings Congress finds that— (1) significant accomplishments have been made by the Secretary and cooperating States in the prevention and control of fires on forest lands and on nonforested watersheds for more than fifty years; (2) progress is being made by the Secretary and cooperating States and rural communities in the protection of human lives, agricultural crops and livestock, property and other im- provements, and natural resources from fires in rural areas; (3) notwithstanding the accomplishments and progress that have been made, fire preven- tion and control on rural lands and in rural communities are of continuing high priority to protect human lives, agricultural crops and livestock, property and other improvements, and natural resources; (4) the effective cooperative relationships between the Secretary and the States regard- ing fire prevention and control on rural lands and in rural communities should be retained and improved; (5) efforts in fire prevention and control in rural areas should be coordinated among Fed- eral, State, and local agencies; and (6) in addition to providing assistance to State and local rural fire prevention and con- trol programs, the Secretary should provide prompt and adequate assistance whenever a rural fire emergency overwhelms, or threatens to overwhelm, the firefighting capability of the affected State or rural area. (b) Implementation of provisions Notwithstanding the Federal Fire Prevention and Control Act of 1974 [15 U.S.C. 2201 et seq.] the Secretary is authorized, under whatever conditions the Secretary may prescribe, to— (1) cooperate with State foresters or equiva- lent State officials in developing systems and methods for the prevention, control, suppres- sion, and prescribed use of fires on rural lands and in rural communities that will protect human lives, agricultural crops and livestock, property and other improvements, and natural resources; (2) provide financial, technical, and related assistance to State foresters or equivalent State officials, and through them to other agencies and individuals, for the prevention, control, suppression, and prescribed use of fires on non-Federal forest lands and other non-Federal lands; (3) provide financial, technical, and related assistance to State foresters or equivalent State officials in cooperative efforts to orga- nize, train, and equip local firefighting forces, including those of Indian tribes or other na- tive groups, to prevent, control, and suppress fires threatening human lives, crops, live- stock, farmsteads or other improvements, pas- tures, orchards, wildlife, rangeland, woodland, and other resources in rural areas. As used herein, the term ‘‘rural areas’’ shall have the meaning set out in the first clause of section 1926(a)(7) 1 of title 7; and (4) provide financial, technical, and related assistance to State foresters or equivalent State officials, and through them to other agencies and individuals, including rural vol- unteer fire departments, to conduct prepared- ness and mobilization activities, including training, equipping, and otherwise enabling State and local firefighting agencies to re- spond to requests for fire suppression assist- ance. (c) Encouragement of use of excess personal property by State and local fire forces receiv- ing assistance; cooperation and assistance of Administrator of General Services The Secretary, with the cooperation and as- sistance of the Administrator of General Serv- ices, shall encourage the use of excess personal property (within the meaning of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of sub- Page 2162 TITLE 16—CONSERVATION § 2106 title I of title 41) by State and local fire forces receiving assistance under this section. (d) Coordination of assistance with assistance of Secretary of Commerce under Federal fire prevention and control provisions To promote maximum effectiveness and econ- omy, the Secretary shall seek to coordinate the assistance the Secretary provides under this sec- tion with the assistance provided by the Sec- retary of Commerce under the Federal Fire Pre- vention and Control Act of 1974 [15 U.S.C. 2201 et seq.]. (e) Authorization of appropriations for imple- mentation of provisions (1) There are hereby authorized to be appro- priated annually such sums as may be needed to implement paragraphs (1), (2), and (3) of sub- section (b) of this section. (2)(A) There are hereby authorized to be appro- priated annually $70,000,000 to carry out sub- section (b)(4). Of the total amount appropriated to carry out subsection (b)(4)— (i) one-half shall be available only for State foresters or equivalent State officials, and through them to other agencies and individ- uals, of which not less than $100,000 shall be made available to each State; and (ii) one-half shall be available only for rural volunteer fire departments. (B) The Federal share of the cost of any activ- ity carried out with funds made available pursu- ant to this paragraph may not exceed 50 percent of the cost of that activity. The non-Federal share for such activity may be in the form of cash, services, or in kind contributions. (f) Special rural fire disaster fund; establish- ment, appropriations, etc. There shall be established in the Treasury a special rural fire disaster fund that shall be im- mediately available to and used by the Sec- retary to supplement any other money available to carry out this section with respect to rural fire emergencies, as determined by the Sec- retary. The Secretary shall determine that State and local resources are fully used or will be fully used before expending money in the dis- aster fund to assist a State in which one or more rural fire emergencies exist. There are hereby authorized to be appropriated such sums as may be needed to establish and replenish the disaster fund established by this subsection. (g) Definitions As used in this section— (1) the term ‘‘rural volunteer fire depart- ment’’ means any organized, not for profit, fire protection organization that provides service primarily to a community or city with a population of 10,000 or less or to a rural area, as defined by the Secretary, whose firefighting personnel is 80 percent or more volunteer, and that is recognized as a fire department by the laws of the State; and (2) the term ‘‘mobilization’’ means any ac- tivity in which one firefighting organization assists another that has requested assistance. (Pub. L. 95–313, § 10, formerly § 7, July 1, 1978, 92 Stat. 370; renumbered § 10 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1220, Nov. 28, 1990, 104 Stat. 3525, 3539; Pub. L. 102–237, title X, § 1018(a)(4), Dec. 13, 1991, 105 Stat. 1905.) Editorial Notes REFERENCES IN TEXT The Federal Fire Prevention and Control Act of 1974, referred to in subsecs. (b) and (d), is Pub. L. 93–498, Oct. 29, 1974, 88 Stat. 1535, which is classified principally to chapter 49 (§ 2201 et seq.) of Title 15, Commerce and Trade. For complete classification of the Act to the Code, see Short Title note set out under section 2201 of Title 15 and Tables. Section 1926(a)(7) of title 7, referred to in subsec. (b)(3), was repealed by Pub. L. 107–171, title VI, § 6020(b)(1), May 13, 2002, 116 Stat. 363. CODIFICATION In subsec. (c), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. PRIOR PROVISIONS A prior section 10 of Pub. L. 95–313 was renumbered section 13 and is classified to section 2109 of this title. AMENDMENTS 1991—Subsec. (g)(2). Pub. L. 102–237 substituted ‘‘fire- fighting organization’’ for ‘‘fire fighting organization’’. 1990—Subsec. (b)(4). Pub. L. 101–624, § 1220(a), added par. (4). Subsec. (e). Pub. L. 101–624, § 1220(b), designated exist- ing provisions as par. (1), inserted reference to para- graphs (1), (2), and (3) of subsec. (b), and added par. (2). Subsec. (g). Pub. L. 101–624, § 1220(c), added subsec. (g). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS Functions vested in Secretary of Commerce pursuant to provisions of Federal Fire Prevention Control Act of 1974, 15 U.S.C. 2201 et seq., transferred to Director of Federal Emergency Management Agency pursuant to Reorg. Plan No. 3 of 1978, § 201, June 19, 1978, 43 F.R. 41944, 92 Stat. 3788, set out in the Appendix to Title 5, Government Organization and Employees, effective Apr. 1, 1979, as provided by Ex. Ord. No. 12127, §§ 1–101, 1–103(a), Mar. 31, 1979, 44 F.R. 19637. 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) ensuring that no person receives dupli- cative 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 Secu- rity Act of 1985 [16 U.S.C. 3839aa et seq.], or other Federal program. (d) Definitions As used in this section— (1) the term ‘‘damaging weather’’ includes drought, hail, excessive moisture, freeze, tor- nado, hurricane, excessive wind, or any com- bination 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, de- termines the person eligible; (3) the term ‘‘qualifying gross revenues’’ means— (A) if a majority of the person’s annual in- come is received from farming, ranching, and forestry operations, the gross revenue from the person’s farming, ranching, and for- estry operations; and (B) if less than a majority of the person’s annual income is received from farming, ranching, and forestry operations, the per- son’s gross revenue from all sources; (4) the term ‘‘related condition’’ includes in- sect infestations, disease, or other deteriora- tion of a tree stand that is accelerated or ex- acerbated by damaging weather; (5) the term ‘‘reestablish’’ includes site prep- aration, reforestation of a damaged stand, and timber stand improvement practices, includ- ing thinning, prescribed burning, and other practices approved by the Secretary for refor- estation; (6) the term ‘‘Secretary’’ means the Sec- retary 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 ap- proved reforestation practices that were imple- mented before November 28, 1990. The Secretary shall not make reimbursements for reforest- ation practices that were implemented prior to September 1, 1989. (Pub. L. 101–624, title XII, § 1271, Nov. 28, 1990, 104 Stat. 3557; Pub. L. 102–237, title X, § 1018(f), Dec. 13, 1991, 105 Stat. 1906; Pub. L. 104–127, title III, § 336(a)(2)(E), Apr. 4, 1996, 110 Stat. 1005; Pub. L. 110–234, title I, § 1603(g)(5), May 22, 2008, 122 Stat. 1011; Pub. L. 110–246, § 4(a), title I, § 1603(g)(5), June 18, 2008, 122 Stat. 1664, 1740; Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709; Pub. L. 115–334, title II, § 2301(d)(2)(E), Dec. 20, 2018, 132 Stat. 4554.) 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 sec- tion 1308 of title 7 before the amendment made by sec- tion 1603(a) of Pub. L. 110–246, which amended the defi- nition 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 de- fined ‘‘person’’ and striking out subsec. (e) which re- lated 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, re- ferred 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.