II 118th CONGRESS 2d Session S. 3838 IN THE SENATE OF THE UNITED STATES February 29, 2024 Mrs. Hyde-Smith introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Credit Act of 1978 to authorize assistance for emergency measures in response to pine beetle outbreaks, and for other purposes.

1. Short title This Act may be cited as the Emergency Pine Beetle Response Act of 2024 . 2. Emergency measures in response to pine beetle outbreaks Section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: (e) Emergency measures in response to pine beetle outbreaks (1) Definitions In this subsection: (A) Eligible itemized costs The term eligible itemized costs means expenses incurred by a timber service business in carrying out contractual services associated with outbreak response measures, including— (i) labor or hours for truck drivers or equipment operators; (ii) mileage or hours for use of equipment, such as transports, bulldozers, and skidders; and (iii) materials, such as gravel, grass seed, culverts, and mats. (B) Outbreak response measures The term outbreak response measures means measures necessary to address pine beetle outbreaks on nonindustrial private forest land, including— (i) timber harvesting or thinning; (ii) prescribed burning; (iii) debris removal; (iv) insecticide treatment; (v) establishment of buffer areas; and (vi) such other measures as the Secretary determines to be appropriate. (C) Timber service business The term timber service business means a business that derives gross revenue from— (i) cutting or transporting timber from forest land; or (ii) inspecting, planting, pruning, or removing trees in residential or commercial areas. (2) Assistance for owners of nonindustrial private forest land (A) In general The Secretary shall make payments to an owner of nonindustrial private forest land who carries out outbreak response measures to restore forest health and forest-related resources after the land is damaged by a pine beetle outbreak. (B) Cost share requirement Payments made under subparagraph (A) shall not exceed 85 percent of the total cost of the outbreak response measures carried out by an owner of nonindustrial private forest land. (3) Assistance for timber service businesses (A) In general The Secretary shall make payments to a timber service business to cover eligible itemized costs incurred in carrying out contractual services associated with outbreak response measures to restore forest health and forest-related resources on nonindustrial private forest land after the land is damaged by a pine beetle outbreak. (B) Cost share requirement Payments made under subparagraph (A) shall not exceed 50 percent of the total eligible itemized costs incurred by a timber service business. (4) Eligibility and provision of payments (A) Eligibility To be eligible for a payment under paragraph (2) or (3), an owner of nonindustrial private forest land or a timber service business, respectively, shall submit to the applicable local office of the Farm Service Agency an application demonstrating that— (i) to the satisfaction of the local office, the nonindustrial private forest land on which the outbreak response measures are carried out had tree cover immediately before the pine beetle outbreak; (ii) the nonindustrial private forest land is located in a county that the Secretary has designated as a primary natural disaster area due to drought in the most recent calendar year; and (iii) forest pest surveys conducted by the Forest Service or a State forestry agency confirm pine beetle infestations on or within a reasonable distance from the nonindustrial private forest land on which the outbreak response measures are carried out. (B) Implementation by local offices The local offices of the Farm Service Agency, in consultation with the applicable county committees of the Farm Service Agency, shall— (i) determine whether applicants for payments under paragraphs (2) and (3) are eligible for the payments; and (ii) provide payments to eligible applicants. (5) Emergency outbreak public assistance grants The Secretary may provide supplemental grants to State, Tribal, and local governments to aid in the response to, and repair of damage caused by, pine beetle outbreaks. . 3. Emergency loans Section 321 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Loans to owners of nonindustrial private forest land (1) Definitions In this subsection: (A) Nonindustrial private forest land The term nonindustrial private forest land has the meaning given the term in section 407(a) of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206(a) ). (B) Outbreak response measures The term outbreak response measures has the meaning given the term in section 407(e)(1) of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206(e)(1) ). (2) Loans Notwithstanding any other provision of this subtitle, the Secretary may make an emergency loan to an owner of nonindustrial private forest land to carry out outbreak response measures. (3) Amount The amount of an emergency loan under this subsection shall be not less than 75 percent of the estimated total cost of the outbreak response measures to be carried out to address a pine beetle outbreak. (4) Loan repayment options In the case of an owner of nonindustrial private forest land who receives an emergency loan under this subsection and subsequently receives a cost-share payment under section 407(e)(2) of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206(e)(2) ) with respect to the same pine beetle outbreak on the same land, the owner may, at the option of the owner, apply the amount of the cost-share payment to the remaining principal on the emergency loan. .