Disaster Relief Appropriations Act, Emergency Forest Restoration Program

To provide financial assistance to eligible participants on eligible land for certain practices to restore nonindustrial private forest land that has been damaged by a natural disaster. The financial assistance will be cost share payments to assist in EFRP participant to establish practices required to address qualifying damage suffered in connection with a qualifying disaster.

To be eligible to participate in EFRP, a person or legal entity must be an owner of nonindustrial private forest land affected by a natural disaster, and must be liable for or have the expense that is the subject of the financial assistance. The owner must be a person or legal entity (including Indian tribes) with full decision-making authority over the land, as determined by FSA, or with such waivers as may be needed from lenders or others as may be required, to undertake program commitments. Federal agencies and States, including all agencies and political subdivisions of a State, are ineligible for EFRP. For land to be eligible, it must be nonindustrial private forest land and must, as determined by FSA. The land must have existing tree cover or have had tree cover immediately before the natural disaster and be suitable for growing trees, have damage to natural resources caused by a natural disaster, which occurred on or after January 1, 2010, that, if not treated, would impair or endanger the natural resources on the land and would materially affect future use of the land. The land must be physically located in a county in which EFRP has been implemented and is ineligible for EFRP if FSA determines that the land is owned or controlled by the United States, or owned or controlled by States, including State agencies or political subdivisions of a State. A qualifying natural disaster means wildfires, hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other naturally-occurring resource impacting events as determined by FSA. For EFRP, a natural disaster also includes insect or disease infestations as determined by FSA in consultation with other Federal and State agencies as appropriate.

The owners of industrial private forest land will receive the ultimate benefit.

After completion of the approved practice, the participant must certify completion and request payment by the payment request deadline. FSA will provide the participant with a form or another manner to be used to request payment.

Subject to the availability of funds the Farm Service Agency (FSA) will provide cost share payments to owners of nonindustrial private forest land who carry out emergency measures to restore land damaged by Hurricane Sandy.

Participants who perform practices shall be responsible for obtaining the authorities, permits, rights, easements, or other approvals necessary to the performance and maintenance of the practices according to applicable laws and regulations. The EFRP participant shall be wholly responsible for any actions taken with respect to the project and shall, in addition, be responsible for returning and refunding any EFRP cost shares made, where the purpose of the project cannot be accomplished because of the applicants' lack of clearances or other problems. Cost share assistance is dependent upon the availability of funds and the performance of the practice. An eligible applicant must certify and provide proof of completion of the practice. The eligible participant shall submit all information to their local FSA county office. The enrollment period for submitting EFRP cost-share requests will be accepted after the announced enrollment period.

FSA will establish the minimum qualifying cost of restoration, which may vary by State or region. Participants are not eligible to receive funding under EFRP for land on which FSA determines that the participant has or will receive funding for the same or similar expenses under: The Emergency Conservation Program The Wetland Reserve Program The Emergency Wetland Reserve Program The Emergency Watershed Protection Program.

An on site inspection must be made before approval of any request for EFRP assistance. The onsite inspection may be waived by FSA, in its discretion only, where damage is so severe that an onsite inspection is unnecessary as determined by FSA. The time limits for submission of information shall be determined by the Deputy Administrator. The payment request deadline for each EFRP practice will be provided in the agreement after the application is approved. Time limits may be extended where failure to submit required information within the applicable time limits is due to reasons beyond the control of the participant.

Determinations may be appealed in accordance with the administrative appeal regulations at parts 11 and 780 of 7CFR.