7 U.S.C. § 8202 — Eligibility

Page 2184 TITLE 7—AGRICULTURE § 8115 awards made after Dec. 20, 2018, with matching funds requirement in effect on Dec. 20, 2018, to continue to apply to such grant, cooperative agreement, or other award, see section 7614(c) of Pub. L. 115–334, set out as a note under section 3151 of this title. 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 this title. DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ as meaning the Secretary of Agri- culture, see section 8701 of this title. § 8115. Carbon utilization and biogas education program (a) Definitions In this section: (1) Carbon dioxide The term ‘‘carbon dioxide’’ means carbon di- oxide that is produced as a byproduct of the production of a biobased product. (2) Eligible entity The term ‘‘eligible entity’’ means an entity that— (A) is— (i) an organization described in section 501(c)(3) of title 26 and exempt from tax- ation under section 501(a) of that title; or (ii) an institution of higher education (as defined in section 1001(a) of title 20); (B) has demonstrated knowledge about— (i) sequestration and utilization of car- bon dioxide; or (ii) aggregation of organic waste from multiple sources into a single biogas sys- tem; and (C) has a demonstrated ability to conduct educational and technical support programs. (b) Establishment The Secretary, in consultation with the Sec- retary of Energy, shall make competitive grants to eligible entities— (1) to provide education to the public about the economic and emissions benefits of perma- nent sequestration or utilization of carbon di- oxide with a primary objective of providing benefits and opportunities for rural busi- nesses, rural communities, and utilities serv- ing rural communities; or (2) to provide education to agricultural pro- ducers and other stakeholders about opportu- nities for aggregation of organic waste from multiple sources into a single biogas system. (c) Funding There are authorized to be appropriated for each of fiscal years 2019 through 2023— (1) $1,000,000 to carry out subsection (b)(1); and (2) $1,000,000 to carry out subsection (b)(2). (Pub. L. 107–171, title IX, § 9014, as added Pub. L. 115–334, title IX, § 9011, Dec. 20, 2018, 132 Stat. 4887.) CHAPTER 108—TREE ASSISTANCE PROGRAM Sec. 8201. Definitions. Sec. 8202. Eligibility. 8203. Assistance. 8204. Limitations on assistance. 8205. Authorization of appropriations. § 8201. Definitions In this chapter: (1) Eligible orchardist The term ‘‘eligible orchardist’’ means a per- son that produces annual crops from trees for commercial purposes. (2) Natural disaster The term ‘‘natural disaster’’ means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, and other occurrence, as determined by the Secretary. (3) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (4) Tree The term ‘‘tree’’ includes a tree, bush, and vine. (Pub. L. 107–171, title X, § 10201, May 13, 2002, 116 Stat. 490.) § 8202. Eligibility (a) Loss Subject to subsection (b), the Secretary shall provide assistance under section 8203 of this title to eligible orchardists that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary. (b) Limitation An eligible orchardist shall qualify for assist- ance under subsection (a) only if the tree mor- tality of the eligible orchardist, as a result of damaging weather or related condition, exceeds 15 percent (adjusted for normal mortality). (Pub. L. 107–171, title X, § 10202, May 13, 2002, 116 Stat. 490.) § 8203. Assistance Subject to section 8204 of this title, the assist- ance provided by the Secretary to eligible or- chardists for losses described in section 8202 of this title shall consist of— (1) reimbursement of 75 percent of the cost of replanting trees lost due to a natural dis- aster, as determined by the Secretary, in ex- cess of 15 percent mortality (adjusted for nor- mal mortality); or (2) at the option of the Secretary, sufficient seedlings to reestablish a stand. (Pub. L. 107–171, title X, § 10203, May 13, 2002, 116 Stat. 491.) § 8204. Limitations on assistance (a) Amount The total amount of payments that a person shall be entitled to receive under this chapter may not exceed $75,000, or an equivalent value in tree seedlings. (b) Acres The total quantity of acres planted to trees or tree seedlings for which a person shall be enti-