[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1410.12]

[Page 377-378]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1410_CONSERVATION RESERVE PROGRAM--Table of Contents
 
Sec.  1410.12  Emergency Forestry Program.

    (a) In addition to other allowable enrollments, certain non-
industrial private forest land located in Presidential- or Secretarial-
declared primary disaster counties that suffered damage from hurricanes 
in calendar year 2005 may be enrolled through the Emergency Forestry 
Conservation Reserve Program (EFCRP) provided for in this section.
    (b) Owners and/or operators may enroll non-industrial private forest 
land, as defined in Sec.  1410.2, in the CRP provided that the private 
non-industrial forest land:
    (1) Has merchantable timber (timber on land on which the average 
tree has a trunk diameter of at least six inches measured at a point no 
less than four and one-half feet above the ground); and
    (2) Has experienced a loss of 35 percent or more of merchantable 
timber in a 2005 calendar year hurricane-affected county due to 2005 
hurricanes.
    (c) The provisions of Sec.  1410.4 do not apply to this section.
    (d) Any overall acreage enrollment limit imposed on CRP shall not 
apply to acreage enrolled under this section.
    (e) All participants subject to a CRP contract entered into pursuant 
to this section must agree:
    (1) To restore the land, through site preparation and planting of, 
to the maximum extent practicable, native species or similar species as 
existing prior to hurricane damages as may be specified in the contract, 
and comply with other requirements as may be specified in the contract;
    (2) To establish temporary vegetative cover; and
    (3) That the contract term shall be for a period of 10 years, during 
which time standing timber may not be harvested from the enrolled land 
except as may be approved by CCC in the conservation plan as part of the 
normal maintenance of the forest land.
    (f) Offers for contracts under this section shall be submitted under 
continuous signup provisions as authorized in Sec.  1410.30.
    (g) In evaluating contract offers to which this section applies, 
different factors, as determined by CCC, may be

[[Page 378]]

considered for priority purposes. These include but are not limited to 
soil erosion prevention, water quality improvement, wildlife habitat 
restoration, and mitigation of economic loss.
    (h) In return for a contract entered into under this paragraph, a 
participant may opt for:
    (1) Annual rental payments authorized by Sec.  1410.42, except that 
the payment rate shall be equal to:
    (i) The average rental rate for CRP contracts in the county in which 
the land is actually located; or
    (ii) In the case where no CRP contracts are enrolled in a county, 
the average rental rate will be the CRP rate applicable to a nearby 
similarly-situated county.
    (2) In lieu of the annual payments provided for in paragraph (h)(1) 
of this section, lump sum payment equal to the present value of the 
total amount of annual rental payments that would otherwise be paid 
under paragraph (h)(1) of this section.
    (i) Cost-share assistance authorized under Sec.  1410.40 may be 
reduced by the value of salvaged timber or timber products which are 
removed to prepare the site for replanting.
    (j) The provisions of Sec.  1410.7(c), which concern enrollment 
limits, do not apply to contracts to which this section applies.
    (k) To avoid duplicate payments, participants under this section are 
not eligible to receive EFCRP funding for land on which the participant 
has or will receive funding under any other program that covers the same 
expenses.
    (l) All other requirements of this part shall apply to enrollments 
under this section.

[71 FR 31917, Jun 2, 2006]