§ 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

During calendar year 2006, 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.

(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.

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”).

In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5.

[1] See References in Text note below.

U.S. Code

§ 3831a. Emergency forestry conservation reserve program