16 U.S.C. § 2204 — Funding and administration

Page 2176 TITLE 16—CONSERVATION § 2204 section to repair damage caused by storms occurring in 1988 or 1989 to watersheds located in any county in any State, to the extent that funds authorized by this sec- tion remain available, with $25,000,000 appropriated for fiscal year 1990. § 2204. Funding and administration (a) Authorization of appropriations There are authorized to be appropriated such funds as may be necessary to carry out the pur- poses of this chapter, to remain available until expended. (b) Set-aside for fencing Of the amounts made available under sub- section (a) for a fiscal year, 25 percent shall be set aside until April 1 of that fiscal year for the repair or replacement of fencing. (c) Use of Commodity Credit Corporation In implementing this chapter, the Secretary may use the facilities, services, and authorities of the Commodity Credit Corporation. (d) Limitation The Commodity Credit Corporation shall not make any expenditures to carry out the provi- sions of this chapter unless funds specifically appropriated for such purpose have been trans- ferred to it. (Pub. L. 95–334, title IV, § 404, Aug. 4, 1978, 92 Stat. 434; Pub. L. 115–334, title II, § 2403(a)(2)(A), (e), Dec. 20, 2018, 132 Stat. 4571, 4572.) Editorial Notes 2018—Pub. L. 115–334, § 2403(e), inserted section catch- line; designated first, third, and fourth sentences as subsecs. (a), (c), and (d), respectively, and inserted headings; in subsec. (a), inserted ‘‘, to remain available until expended’’ before period at end; in subsec. (c), substituted ‘‘In implementing this chapter’’ for ‘‘In im- plementing the provisions of this chapter’’; in subsec. (d), substituted ‘‘The Commodity Credit Corporation’’ for ‘‘The Corporation’’; added subsec. (b); and struck out former second sentence which read as follows: ‘‘Such funds shall remain available until expended.’’ Pub. L. 115–334, § 2403(a)(2)(A), substituted ‘‘Sec- retary’’ for‘‘Secretary of Agriculture’’ in third sen- tence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978, see section 406 of Pub. L. 95–334, set out as a note under section 2201 of this title. § 2205. Regulations for implementation of provi- sions The Secretary is authorized to prescribe such regulations as the Secretary determines nec- essary to carry out the provisions of this chap- ter. (Pub. L. 95–334, title IV, § 405, Aug. 4, 1978, 92 Stat. 434; Pub. L. 115–334, title II, § 2403(a)(2)(A), Dec. 20, 2018, 132 Stat. 4571.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334 substituted ‘‘The Secretary is’’ for ‘‘The Secretary of Agriculture is’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978, see section 406 of Pub. L. 95–334, set out as a note under section 2201 of this title. § 2206. Emergency forest restoration program (a) Definitions In this section: (1) Emergency measures The term ‘‘emergency measures’’ means those measures that— (A) are necessary to address damage caused by a natural disaster to natural re- sources 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) Natural disaster The term ‘‘natural disaster’’ includes wildfires, hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other resource-impacting events, as deter- mined 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 dis- aster 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 defini- tive 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 dis- aster. (c) Eligibility To be eligible to receive a payment under sub- section (b), an owner must demonstrate to the satisfaction of the Secretary that the nonindus- trial private forest land on which the emergency measures are carried out had tree cover imme- diately before the natural disaster. (d) Cost share requirement Payments made under subsection (b) shall not exceed 75 percent of the total cost of the emer- gency measures carried out by an owner of non- industrial private forest land. (e) 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. (Pub. L. 95–334, title IV, § 407, as added Pub. L. 110–234, title VIII, § 8203(a), May 22, 2008, 122 Stat.