16 U.S.C. § 3831a (CONSERVATION)
§ 3831a. Emergency forestry conservation reserve program
(a) Definitions
In this section:
(1) Merchantable timber
The term “merchantable timber” means timber on private nonindustrial forest land on which the average tree has a trunk diameter of at least 6 inches measured at a point no less than 4.5 feet above the ground.
(2) Private nonindustrial forest land
The term “private nonindustrial forest land” includes State school trust land.
(b) Program
The Secretary shall carry out an emergency pilot program in States that the Secretary determines have suffered damage to merchantable timber in counties affected by hurricanes during the 2005 calendar year.
(c) Eligible acreage
(1) In general
Subject to paragraph (2) and the availability of funds under paragraph (7), an owner or operator may enroll private nonindustrial forest land in the conservation reserve under this section.
(2) Determination of damages
Eligibility for enrollment shall be limited to owners and operators of private nonindustrial forest land that have experienced a loss of 35 percent or more of merchantable timber in a county affected by hurricanes during the 2005 calendar year.
(3) Exemptions
Acreage enrolled in the conservation reserve under this section shall not count toward—
(A) county acreage limitations described in section 3843(b) 1 of this title; or
(B) the maximum enrollment described in section 3831(d) of this title.
(4) Duties of owners and operators
As a condition of entering into a contract under this section, during the term of the contract, the owner or operator of private nonindustrial forest land shall agree—
(A) to restore the land, through site preparation and planting of similar species as existing prior to hurricane damages or to the maximum extent practicable with other native species, as determined by the Secretary; and
(B) to establish temporary vegetative cover the purpose of which is to prevent soil erosion on the eligible acreage, as determined by the Secretary.
(5) Duties of the Secretary
(A) In general
In return for a contract entered into by an owner or operator of private nonindustrial forest land under this section, the Secretary shall provide, at the option of the landowner—
(i) notwithstanding the limitation in section 3834(f)(1) of this title, a lump sum payment; or
(ii) annual rental payments.
(B) Calculation of lump sum payment
The lump sum payment described in subparagraph (A)(i) shall be calculated using a net present value formula, as determined by the Secretary, based on the total amount a producer would receive over the duration of the contract.
(C) Calculation of annual rental payments
The annual rental payment described in subparagraph (A)(ii) shall be equal to the average rental rate for conservation reserve contracts in the county in which the land is located.
(D) Rolling signup
The Secretary shall offer a rolling signup for contracts under this section.
(E) Duration of contracts
A contract entered into under this section shall have a term of 10 years.
(6) Balance of natural resources
In determining the acceptability of contract offers under this section, the Secretary shall consider an equitable balance among the purposes of soil erosion prevention, water quality improvement, wildlife habitat restoration, and mitigation of economic loss.
(7) Funding
The Secretary shall use $504,100,000, to remain available until expended, of funds of the Commodity Credit Corporation to carry out this section.
(8) Determinations by Secretary
A determination made by the Secretary under this section shall be final and conclusive.
(9) Regulations
(A) In general
Not later than 90 days after December 30, 2005, the Secretary shall promulgate such regulations as are necessary to implement this section.
(B) Procedure
The promulgation of regulations and administration of this section shall be made without regard to—
(i) the notice and comment provisions of section 553 of title 5;
(ii) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
(iii) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”).
(C) Congressional review of agency rulemaking
In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5.
(Pub. L. 99–198, title XII, § 1231A, as added and amended Pub. L. 110–234, title II, § 2106(b), May 22, 2008, 122 Stat. 1032, and Pub. L. 110–246, § 4(a), title II, § 2106(b), June 18, 2008, 122 Stat. 1664, 1760.)
heading: References in Text
text: Section 3843 of this title, referred to in subsec. (c)(3)(A), was amended generally by Pub. L. 110–246, title II, § 2707(b), June 18, 2008, 122 Stat. 1805, and, as so amended, no longer contains provisions relating to county acreage limitations.
heading: Codification
text: December 30, 2005, referred to in subsec. (c)(9)(A), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 109–148, which enacted subsec. (k) of section 3831 of this title (now this section), to reflect the probable intent of Congress.
Pub. L. 110–234 and Pub. L. 110–246 both renumbered section 1231(k) of Pub. L. 99–198 as section 1231A of Pub. L. 99–198 and made identical amendments to such section. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Section 3831(k) of this title, which was transferred and redesignated as this section and amended by Pub. L. 110–246, § 2106(b), was based on Pub. L. 99–198, title XII, § 1231(k), as added Pub. L. 109–148, div. B, title I, § 107(a), Dec. 30, 2005, 119 Stat. 2750; amended Pub. L. 109–234, title III, § 3022, June 15, 2006, 120 Stat. 478; Pub. L. 110–28, title IV, § 4101, May 25, 2007, 121 Stat. 152.
heading: Amendments
text: 2008—Pub. L. 110–246, § 2106(b), transferred section 3831(k) of this title to this section, substituted “this section” for “this subsection” wherever appearing, redesignated pars. (1) to (3) as subsecs. (a) to (c), respectively, in subsec. (a) redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, in subsec. (c) redesignated subpars. (A) to (I) as pars. (1) to (9), respectively, in par. (1) substituted “paragraph (2)” for “subparagraph (B)” and “paragraph (7)” for “subparagraph (G)”, in pars. (3) and (4) redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, in par. (3)(B) substituted “section 3831(d) of this title” for “subsection (d) of this section”, in par. (5) redesignated cls. (i) to (v) as subpars. (A) to (E), respectively, in subpar. (A) redesignated subcls. (I) and (II) as cls. (i) and (ii), respectively, in subpar. (B) substituted “subparagraph (A)(i)” for “clause (i)(I)”, in subpar. (C) substituted “subparagraph (A)(ii)” for “clause (i)(II)”, in par. (9) redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively, and in subpar. (B) redesignated subcls. (I) to (III) as cls. (i) to (iii), respectively. See Codification note above.
heading: Effective Date of 2008 Amendment
text: 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.