16 U.S.C. § 2104a
(a)
Definitions— In this section:
(1)
Authorized equipment—
(A)
In general— The term “authorized equipment” means any equipment necessary for the management of forest land.
(B)
Inclusions— The term “authorized equipment” includes—
(ii)
equipment necessary for—
(I)
the construction of staging and marshalling
areas;
(II)
the planting of trees; and
(III)
the surveying of forest land;
(iii)
vehicles capable of transporting harvested trees;
(v)
any other appropriate equipment, as determined by the
Secretary.
(2)
Fund— The term “Fund” means the Pest and Disease Revolving Loan Fund established by
subsection (b).
(3)
Secretary— The term “
Secretary” means the
Secretary of Agriculture, acting through the Deputy Chief of the
State and Private Forestry organization.
(b)
Establishment of Fund— There is established in the Treasury of the United States a revolving fund, to be known as the “Pest and Disease Revolving Loan Fund”, consisting of such amounts as are appropriated to the Fund under
subsection (f).
(c)
Expenditures from Fund—
(2)
Administrative expenses— An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section.
(d)
Transfers of amounts—
(1)
In general— The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the
Secretary of the Treasury.
(2)
Adjustments— Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(e)
Uses of Fund—
(1)
Loans—
(A)
In general— The
Secretary shall use amounts in the Fund to provide loans to eligible
units of local government to finance purchases of authorized equipment to monitor, remove, dispose of, and replace infested trees that are
located—
(i)
on land under the jurisdiction of the eligible
units of local government; and
(ii)
within the borders of quarantine
areas infested by plant pests.
(B)
Maximum amount— The maximum amount of a loan that may be provided by the
Secretary to an eligible
unit of local government under this subsection shall be the lesser
of—
(i)
the amount that the eligible
unit of local government has appropriated to finance purchases of authorized equipment in accordance with
subparagraph (A); or
(C)
Interest rate— The interest rate on any loan made by the
Secretary under this paragraph shall be a rate equal to 2 percent.
(D)
Report— Not later than 180 days after the date on which an eligible
unit of local government receives a loan provided by the
Secretary under
subparagraph (A), the eligible
unit of local government shall submit to the
Secretary a report that describes each purchase made by the eligible
unit of local government using assistance provided through the loan.
(2)
Loan repayment schedule—
(A)
In general— To be eligible to receive a loan from the
Secretary under
paragraph (1), in accordance with each requirement described in
subparagraph (B), an eligible
unit of local government shall enter into an agreement with the
Secretary to establish a loan repayment schedule relating to the repayment of the loan.
(B)
Requirements relating to loan repayment schedule— A loan repayment schedule established under
subparagraph (A) shall require the eligible
unit of local
government—
(i)
to repay to the
Secretary of the Treasury, not later than 1 year after the date on which the eligible
unit of local government receives a loan under
paragraph (1), and semiannually thereafter, an amount equal to the quotient obtained by
dividing—
(I)
the principal amount of the loan (including interest); by
(II)
the total quantity of payments that the eligible
unit of local government is required to make during the repayment period of the loan; and
(ii)
not later than 20 years after the date on which the eligible
unit of local government receives a loan under
paragraph (1), to complete repayment to the
Secretary of the Treasury of the loan made under this section (including interest).
(f)
Authorization of appropriations— There are authorized to be appropriated to the Fund such sums as are necessary to carry out this section.
Notes, amendments, and revision history
(Pub. L. 110–234, title X, § 10205, May 22, 2008, 122 Stat. 1344; Pub. L. 110–246, § 4(a), title X, § 10205, June 18, 2008, 122 Stat. 1664, 2106.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Cooperative Forestry Assistance Act of 1978 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Enactment 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 a note under section 8701 of Title 7, Agriculture.