16 U.S.C. § 2206 — Emergency forest restoration program

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. Page 2177 TITLE 16—CONSERVATION § 2401 1290, and Pub. L. 110–246, § 4(a), title VIII, § 8203(a), June 18, 2008, 122 Stat. 1664, 2051; amended Pub. L. 115–334, title II, § 2403(a)(2)(B), Dec. 20, 2018, 132 Stat. 4571.) 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.] CHAPTER 43—PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK SYSTEM AREAS Sec. 2301 to 2306. Omitted, Transferred, or Repealed. § 2301. Omitted or Transferred Editorial Notes CODIFICATION Section, Pub. L. 95–344, title III, § 301, Aug. 15, 1978, 92 Stat. 477, which related to congressional statement of findings and purpose, was omitted in part and trans- ferred in part. Subsec. (a), which related to findings, was omitted from the Code following the enactment of Title 54, National Park Service and Related Programs, by Pub. L. 113–287. Subsec. (b), which related to purpose of former chapter 43 of this title, was transferred and is set out as a note under section 101521 of Title 54. § 2302. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–344, title III, § 302, Aug. 15, 1978, 92 Stat. 478; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(A), Nov. 12, 1996, 110 Stat. 4195, related to transportation service and facility programs. See section 101521 of Title 54, Na- tional Park Service and Related Programs. § 2303. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–344, title III, § 303, Aug. 15, 1978, 92 Stat. 479; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584, related to transportation projects. See section 101522 of Title 54, National Park Service and Related Programs. § 2304. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–344, title III, § 304, Aug. 15, 1978, 92 Stat. 479; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584, related to procedures applicable to formulation and implementation of transportation plans and projects developed pursuant to plans. See section 101523 of Title 54, National Park Service and Related Pro- grams. § 2305. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–344, title III, § 305, Aug. 15, 1978, 92 Stat. 479, required a report to Congress within 3 years of Aug. 15, 1978. § 2306. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–344, title III, § 306, Aug. 15, 1978, 92 Stat. 480, related to authorizations of appropriations for fiscal years 1979 to 1981 and availability of amounts. CHAPTER 44—ANTARCTIC CONSERVATION Sec. 2401. Congressional findings and declaration of pur- pose. 2402. Definitions. 2403. Prohibited acts. 2403a. Environmental impact assessment. 2404. Permits. 2405. Regulations. 2406. Notification of travel to Antarctica. 2407. Civil penalties. 2408. Criminal offenses. 2409. Enforcement. 2410. Jurisdiction of district courts. 2411. Federal agency cooperation. 2412. Relationship to existing treaties. 2413. Saving provisions. § 2401. Congressional findings and declaration of purpose (a) Findings The Congress finds that— (1) for well over a quarter of a century, sci- entific investigation has been the principal ac- tivity of the Federal Government and United States nationals in Antarctica; (2) more recently, interest of American tour- ists in Antarctica has increased; (3) as the lead civilian agency in Antarctica, the National Science Foundation has long had responsibility for ensuring that United States scientific activities and tourism, and their supporting logistics operations, are conducted with an eye to preserving the unique values of the Antarctic region; (4) the Antarctic Treaty and the Protocol es- tablish a firm foundation for the conservation of Antarctic resources, for the continuation of international cooperation and the freedom of scientific investigation in Antarctica; and (5) the Antarctic Treaty and the Protocol es- tablish international mechanisms and create legal obligations necessary for the mainte- nance of Antarctica as a natural reserve de- voted to peace and science. (b) Purpose The purpose of this chapter is to provide for the conservation and protection of the fauna