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S. 2872IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 2872

Emergency measures in response to pine beetle outbreaks

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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 any expenses incurred by a timber service business in carrying out a contractual service associated with an outbreak response measure, 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, mats, and insecticides. (B) Outbreak response measure The term outbreak response measure means any measure necessary to address a pine beetle outbreak 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 a residential or commercial area. (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 that carries out an outbreak response measure 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 the eligible itemized costs of the timber service business incurred in restoring 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, wildfire, hurricane or excessive winds, an ice storm or blizzard, a flood, or any other resource-impacting event during the preceding 12-month period; 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 the repair of damage caused by, pine beetle outbreaks..