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 damaging weather, related condition, or wildfire.
The assistance, if any, provided by the Secretary under this section shall consist of either-
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.
A person who has qualifying gross revenues in excess of $2,000,000 annually, as determined by the Secretary, shall not be eligible to receive any disaster payment or other benefits under this section.
In implementing this section, the Secretary shall issue regulations-
As used in this section-
The Secretary shall use funds provided under this section to reimburse landowners for approved reforestation practices that were implemented before November 28, 1990. The Secretary shall not make reimbursements for reforestation practices that were implemented prior to September 1, 1989.
1See References in Text note below.
16 U.S.C. § 2106a
EDITORIAL NOTES
REFERENCES IN TEXTSection 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 section 1308 of title 7 before the amendment made by section 1603(a) of Pub. L. 110-246 which amended the definition 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 defined "person" and striking out subsec. (e) which related 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, referred 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. Subchapter A of chapter 4 of subtitle D of title XII of the Act is classified generally to subpart A (§3839aa et seq.) of part IV of subchapter IV of chapter 58 of this title. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.
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. Section was enacted as part of the Federal Stewardship Act of 1990 and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Cooperative Forestry Assistance Act of 1978 which comprises this chapter.
AMENDMENTS2018-Subsec. (c)(3)(C). Pub. L. 115-334 inserted "subchapter A of" before "chapter 4". 2014-Subsec. (c)(3)(A). Pub. L. 113-79, §1609(b)(1), amended language inserted by Pub. L. 110-246, §1603(g)(5). See 2008 Amendment note below. 2008-Subsec. (c)(3)(A). Pub. L. 110-246, §1603(g)(5), 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 title 7". 1996-Subsec. (c)(3)(C). Pub. L. 104-127 substituted "environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985" for "Agricultural Conservation Program established under section 590p(b) of this title".1991-Subsec. (c)(3)(C). Pub. L. 102-237 inserted "(16 U.S.C. 2101 et seq.)" after "1978" and made technical amendment to reference to section 590p(b) of this title to correct corresponding provision of original Act.
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 Title 7, Agriculture.
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 Title 7, Agriculture.