(b) Form of assistanceThe assistance, if any, provided by the Secretary under this section shall consist of either—
(2)
at the discretion of the
Secretary, provision of sufficient tree seedlings to
reestablish such tree stand.
(c) Conditions
(1) Limitation on assistance
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.
(2) Ineligibility
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.
(3) ImplementationIn implementing this section, the Secretary shall issue regulations—
(A)
defining the term “person” for the purposes of this section that shall conform, to the extent practicable, to the regulations defining the term “person” issued under
section 1308 of title 7 (before the amendment made by section 1603(a) of the
Food, Conservation, and Energy Act of 2008);
(B)
prescribing such rules as the
Secretary determines necessary to ensure a fair and reasonable application of the limitations established under this subsection; and
(d) DefinitionsAs used in this section—
(1)
the term “
damaging weather” includes drought, hail, excessive moisture, freeze, tornado, hurricane, excessive wind, or any combination thereof;
(2) the term “eligible landowner” means a person who—
(A)
produces annual crops from trees for commercial purposes and owns 500 acres or less of such trees;
(B)
owns 1,000 acres or less of private forest land; or
(C)
owns more than 1,000 acres but less than 5,000 acres of private forest land if the
Secretary, in the
Secretary’s discretion, determines the person eligible;
(3) the term “qualifying gross revenues” means—
(A)
if a majority of the person’s annual income is received from farming, ranching, and forestry operations, the gross revenue from the person’s farming, ranching, and forestry operations; and
(B)
if less than a majority of the person’s annual income is received from farming, ranching, and forestry operations, the person’s gross revenue from all sources;
(5)
the term “
reestablish” includes site preparation, reforestation of a damaged stand, and timber stand improvement practices, including thinning, prescribed burning, and other practices approved by the
Secretary for reforestation;
(7)
the term “
wildfire” means any forest or range fire.
(e) Retroactive assistance
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.
(
Pub. L. 101–624, title XII, § 1271,
Nov. 28, 1990,
104 Stat. 3557;
Pub. L. 102–237, title X, § 1018(f),
Dec. 13, 1991,
105 Stat. 1906;
Pub. L. 104–127, title III, § 336(a)(2)(E),
Apr. 4, 1996,
110 Stat. 1005;
Pub. L. 110–234, title I, § 1603(g)(5),
May 22, 2008,
122 Stat. 1011;
Pub. L. 110–246, § 4(a), title I, § 1603(g)(5),
June 18, 2008,
122 Stat. 1664, 1740;
Pub. L. 113–79, title I, § 1609(b)(1),
Feb. 7, 2014,
128 Stat. 709;
Pub. L. 115–334, title II, § 2301(d)(2)(E),
Dec. 20, 2018,
132 Stat. 4554.)
References in Text
Section 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, as amended, 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.
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