---
kind: "section"
citation: "16 U.S.C. § 2206"
title: "16"
title_heading: "Conservation"
number: "2206"
heading: "Emergency forest restoration program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/2206"
units:
  - "Chapter 42 — Emergency Conservation Program"
---

# §2206. Emergency forest restoration program

- (a) **Definitions—** In this section:
  - (1) **Emergency measures—** The term “emergency measures” means those measures that—
    - (A) are necessary to address damage caused by a natural disaster to natural resources on nonindustrial private forest land, and the damage, if not treated—
      - (i) would impair or endanger the natural resources on the land; and
      - (ii) would materially affect future use of the land; and
    - (B) would restore forest health and forest-related resources on the land.
  - (2) **Natural disaster—** The term “natural disaster” includes wildfires (including a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes, and a wildfire that is caused by the Federal Government), hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other resource-impacting events, as determined by the [Secretary](/usc/16/410r–5.md?p=c-1).
  - (3) **Nonindustrial private forest land—** The term “nonindustrial private forest land” means rural land, as determined by the [Secretary](/usc/16/410r–5.md?p=c-1), that—
    - (A) has existing tree cover (or had tree cover immediately before the natural disaster and is suitable for growing trees); and
    - (B) is owned by any nonindustrial private individual, group, association, corporation, or other private legal entity, that has definitive decision-making authority over the land.
- (b) **Availability of assistance—** The [Secretary](/usc/16/410r–5.md?p=c-1) may make payments to an [owner](/usc/16/429b–3.md?p=4) of nonindustrial private forest land who carries out emergency measures to restore the land after the land is damaged by a natural disaster.
- (c) **Eligibility—** To be eligible to receive a payment under [subsection (b)](#b), an [owner](/usc/16/429b–3.md?p=4) must demonstrate to the satisfaction of the [Secretary](/usc/16/410r–5.md?p=c-1) that the nonindustrial private forest land on which the emergency measures are carried out had tree cover immediately before the natural disaster.
- (d) **Cost share requirement—** Payments made under [subsection (b)](#b) shall not exceed 75 percent of the total cost of the emergency measures carried out by an [owner](/usc/16/429b–3.md?p=4) of nonindustrial private forest land.
- (e) **Advance payments—**
  - (1) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall give an [owner](/usc/16/429b–3.md?p=4) of nonindustrial private forest land the option of receiving, before the [owner](/usc/16/429b–3.md?p=4) carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the [Secretary](/usc/16/410r–5.md?p=c-1).
  - (2) **Return of funds—** If the funds provided under [paragraph (1)](#e-1) are not expended by the end of the 180-day period beginning on the date on which the [owner](/usc/16/429b–3.md?p=4) of nonindustrial private forest land receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the [Secretary](/usc/16/410r–5.md?p=c-1).
- (f) **Authorization of appropriations—** There are authorized to be appropriated to the [Secretary](/usc/16/410r–5.md?p=c-1) such funds as may be necessary to carry out this section. Amounts so appropriated shall remain available until expended.

## Source credit

(Pub. L. 95–334, title IV, § 407, as added Pub. L. 110–234, title VIII, § 8203(a), May 22, 2008, 122 Stat. 1290, and Pub. L. 110–246, § 4(a), title VIII, § 8203(a), June 18, 2008, 122 Stat. 1664, 2051; amended Pub. L. 115–334, title II, § 2403(a)(2)(B), Dec. 20, 2018, 132 Stat. 4571; Pub. L. 119–102, § 3, July 12, 2026, 140 Stat. 986.)

## Notes

### 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.

### Amendments

2026—Subsec. (a)(2). Pub. L. 119–102, § 3(1), substituted “wildfires (including a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes, and a wildfire that is caused by the Federal Government),” for “wildfires,”.

Subsecs. (e), (f). Pub. L. 119–102, § 3(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f).

2018—Subsec. (a)(4). Pub. L. 115–334 struck out par. (4). Text read as follows: “The term ‘Secretary’ means the Secretary of Agriculture.”

### 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.

### Regulations

Pub. L. 110–234, title VIII, § 8203(b), May 22, 2008, 122 Stat. 1291, and Pub. L. 110–246, § 4(a), title VIII, § 8203(b), June 18, 2008, 122 Stat. 1664, 2052, provided that: “Not later than one year after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture shall issue regulations to carry out section 407 of the Agricultural Credit Act of 1978 [16 U.S.C. 2206], as added by subsection (a).”

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]