(b) Form of assistance The assistance, if any, provided by the Secretary under this section shall consist of either
(1) reimbursement of up to 65 percent of the cost of reestablishing such tree stand damaged by the damaging weather, related condition, or wildfire in excess of 35 percent mortality; or
(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) Implementation In 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 1703(a)1 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
(C) ensuring that no person receives duplicative payments or assistance under this section, the Cooperative Forestry Assistance Act of 1978 (
16 U.S.C.
2101 et seq.), and the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [
16 U.S.C.
3839aa et seq.], or other Federal program.
(d) Definitions As 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 Secretarys discretion, determines the person eligible;
(3) the term qualifying gross revenues means
(A) if a majority of the persons annual income is received from farming, ranching, and forestry operations, the gross revenue from the persons farming, ranching, and forestry operations; and
(B) if less than a majority of the persons annual income is received from farming, ranching, and forestry operations, the persons gross revenue from all sources;
(4) the term related condition includes insect infestations, disease, or other deterioration of a tree stand that is accelerated or exacerbated by damaging weather;
(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;
(6) the term Secretary means the Secretary of Agriculture; and
(7) the term wildfire means any forest or range fire.
