Page:United States Statutes at Large Volume 104 Part 5.djvu/638

 104 STAT. 3960 PUBLIC LAW 101-624—NOV. 28, 1990 farm, the Secretary shall treat each cropping separately for purposes of determining under paragraph (1)— "(i) whether the crop was affected by damaging weather or related conditions in 1989; and "(ii) the total quantity of the crop that the producers are able to harvest. " (B) APPLICATION OF PARAGRAPH. —Th is paragraph shall— "(i) apply only in the case of a 1989 nonprogram crop that is grown in a county declared to be a Presidential disaster area for that crop; and "(ii) not apply in the case of a replacement crop described in section 110.". State listing. (b) HURRICANE HuGO FORESTRY ASSISTANCE ACT; COST-SHARE Puerto Rico. ASSISTANCE. — Virgin Islands. (1) ESTABLISHMENT. —For the purposes of oncouraging tree 7 USC 1421 note. owners to reestablish stands of trees damaged by Hurricane Hugo, the Secretary of Agriculture (hereafter in this subsection referred to as the "Secretary") shall develop and implement a cost-share program to provide financial assistance to owners of private timber stands that were damaged, as determined by the Secretary, in 1989 by Hurricane Hugo. This assistance shall only be made available in those counties in South Carolina, North Carolina, Virginia, Puerto Rico, and the United States Virgin Islands declared by the President to be disaster areas as a result of Hurricane Hugo and any county contiguous to those counties. (2) EuGiBLE PRACTICES.— Practicos eligible for cost-share assistance under this subsection are— (A) reforestation; (B) site preparation; and (C) such other timber stand restablishment practices as may be prescribed by the Secretary. (3) PRIVATE TIMBER STANDS.— (A) DEFINITION. —For the purpose of this subsection, the term "private timber stand' means a stand of trees damaged by Hurricane Hugo held continuously during the period described in paragraph (1) for commercial purposes by a private individual, group, association, corporation, Indian tribe or other native Indian group, or other legal entity, owning 1,000 acres or less of land planted to trees, except agencies of Federal, State, or local governments. Such term does not include a stand of trees transferred • after the date on which such stand was damaged by Hurricane Hugo except for a stand of trees transferred by bequest, devise or inheritance, or acquired from a decedent by reason of death because of the form of ownership or other condition (including trees acquired through the exercise or nonexercise of a power of appointment). / (B) PERIOD FOR PURPOSES OF SUBPARAGRAPH (A).— The period referred to in subparagraph (A) is the period beginning on the date on which such trees were damaged by Hurricane Hugo and ending at the time the request is made for assistance under this subsection. (4) INDIVIDUAL FOREST MANAGEMENT PLANS.—The Secretary may provide assistance under this subsection only after a management plan for the private timber stand hgis been developed by the holder of the stand in cooperation with, and ap-

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