7 U.S.C. § 8204 — Limitations on assistance

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- Page 2185 TITLE 7—AGRICULTURE § 8301 1 See References in Text note below. tled to receive payments under this chapter may not exceed 500 acres. (c) Regulations The Secretary shall promulgate regulations— (1) defining the term ‘‘person’’ for the pur- poses of this chapter, which shall conform, to the maximum extent practicable, to the regu- lations defining the term ‘‘person’’ promul- gated under section 1308 of this title (before the amendment made by section 1603(a) 1 of the Food, Conservation, and Energy Act of 2008); and (2) promulgating such regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limita- tion established under this section. (Pub. L. 107–171, title X, § 10204, May 13, 2002, 116 Stat. 491; Pub. L. 110–234, title I, § 1603(g)(4), May 22, 2008, 122 Stat. 1011; Pub. L. 110–246, § 4(a), title I, § 1603(g)(4), June 18, 2008, 122 Stat. 1664, 1740; Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709.) Editorial Notes REFERENCES IN TEXT Section 1308 of this title (before the amendment made by section 1603(a) of the Food, Conservation, and En- ergy Act of 2008), referred to in subsec. (c)(1), means section 1308 of this title before the amendment 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 by section 1603 of Pub. L. 110–246 to sec- tion 1308 were effective May 22, 2008. 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 2014—Subsec. (c)(1). Pub. L. 113–79 amended language inserted by Pub. L. 110–246, § 1603(g)(4). See 2008 Amend- ment note below. 2008—Subsec. (c)(1). Pub. L. 110–246, § 1603(g)(4), as amended by Pub. L. 113–79, § 1609(b)(1), inserted ‘‘(before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008)’’ after ‘‘section 1308 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–79 effective as if included in Pub. L. 110–246, see section 1609(b)(2) of Pub. L. 113–79, set out as a note under section 1471g of this title. 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 this title. § 8205. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this chapter. (Pub. L. 107–171, title X, § 10205, May 13, 2002, 116 Stat. 491.) CHAPTER 109—ANIMAL HEALTH PROTECTION Sec. 8301. Findings. 8302. Definitions. 8303. Restriction on importation or entry. 8304. Exportation. 8305. Interstate movement. 8306. Seizure, quarantine, and disposal. 8307. Inspections, seizures, and warrants. 8308. Detection, control, and eradication of dis- eases and pests. 8308a. Animal disease prevention and management. 8309. Veterinary accreditation program. 8310. Cooperation. 8311. Reimbursable agreements. 8312. Administration and claims. 8313. Penalties. 8314. Enforcement. 8315. Regulations and orders. 8316. Authorization of appropriations. 8317. Effect on regulations. 8318. Veterinary training. 8319. Surveillance of zoonotic diseases. 8320. Expansion of Animal and Plant Health In- spection Service activities. 8321. Pest and Disease Response Fund. 8322. National aquatic animal health plan. § 8301. Findings Congress finds that— (1) the prevention, detection, control, and eradication of diseases and pests of animals are essential to protect— (A) animal health; (B) the health and welfare of the people of the United States; (C) the economic interests of the livestock and related industries of the United States; (D) the environment of the United States; and (E) interstate commerce and foreign com- merce of the United States in animals and other articles; (2) animal diseases and pests are primarily transmitted by animals and articles regulated under this chapter; (3) the health of animals is affected by the methods by which animals and articles are transported in interstate commerce and for- eign commerce; (4) the Secretary must continue to conduct research on animal diseases and pests that constitute a threat to the livestock of the United States; and (5)(A) all animals and articles regulated under this chapter are in or affect interstate commerce or foreign commerce; and (B) regulation by the Secretary and coopera- tion by the Secretary with foreign countries, States or other jurisdictions, or persons are necessary— (i) to prevent and eliminate burdens on interstate commerce and foreign commerce; (ii) to regulate effectively interstate com- merce and foreign commerce; and (iii) to protect the agriculture, environ- ment, economy, and health and welfare of the people of the United States. (Pub. L. 107–171, title X, § 10402, May 13, 2002, 116 Stat. 494.)