§ 3831a. Emergency forestry conservation reserve program
(a)
Definitions
In this section:
(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.
(c)
Eligible acreage
(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—
(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—
(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—
(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.
(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—
[1] See References in Text note below.