S. 2872

119 S2872 IS: Emergency Pine Beetle Response Act of 2025
 U.S. Senate
 2025-09-18
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 2872  IN THE SENATE OF THE UNITED STATES   September 18 (legislative day, September 16), 2025   Mrs. Hyde-Smith  (for herself,  Mr. Ossoff ,  Mrs. Britt ,  Mr. Kennedy ,  Mr. Tuberville , and  Ms. Lummis ) introduced the following bill; which was read twice and referred to the  Committee on Agriculture, Nutrition, and Forestry    A BILL
To amend the Agricultural Credit Act of 1978 to authorize assistance for emergency measures in response to pine beetle outbreaks, and for other purposes.
1.
Short title
This Act may be cited as the   Emergency Pine Beetle Response Act of 2025  .
2.
Emergency measures in response to pine beetle outbreaks
Section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ) is amended—
(1)
by redesignating subsection (e) as subsection (f); and
(2)
by inserting after subsection (d) the following:
(e)
Emergency measures in response to pine beetle outbreaks
(1)
Definitions
In this subsection:
(A)
Eligible itemized costs
The term  eligible itemized costs  means any expenses incurred by a timber service business in carrying out a contractual service associated with an outbreak response measure, including—
(i)
labor or hours for truck drivers or equipment operators;
(ii)
mileage or hours for use of equipment, such as transports, bulldozers, and skidders; and
(iii)
materials, such as gravel, grass seed, culverts, mats, and insecticides.
(B)
Outbreak response measure
The term  outbreak response measure  means any measure necessary to address a pine beetle outbreak on nonindustrial private forest land, including—
(i)
timber harvesting or thinning;
(ii)
prescribed burning;
(iii)
debris removal;
(iv)
insecticide treatment;
(v)
establishment of buffer areas; and
(vi)
such other measures as the Secretary determines to be appropriate.
(C)
Timber service business
The term  timber service business  means a business that derives gross revenue from—
(i)
cutting or transporting timber from forest land; or
(ii)
inspecting, planting, pruning, or removing trees in a residential or commercial area.
(2)
Assistance for owners of nonindustrial private forest land
(A)
In general
The Secretary shall make payments to an owner of nonindustrial private forest land that carries out an outbreak response measure to restore forest health and forest-related resources after the land is damaged by a pine beetle outbreak.
(B)
Cost-share requirement
Payments made under subparagraph (A) shall not exceed 85 percent of the total cost of the outbreak response measures carried out by an owner of nonindustrial private forest land.
(3)
Assistance for timber service businesses
(A)
In general
The Secretary shall make payments to a timber service business to cover the eligible itemized costs of the timber service business incurred in restoring forest health and forest-related resources on nonindustrial private forest land after the land is damaged by a pine beetle outbreak.
(B)
Cost-share requirement
Payments made under subparagraph (A) shall not exceed 50 percent of the total eligible itemized costs incurred by a timber service business.
(4)
Eligibility and provision of payments
(A)
Eligibility
To be eligible for a payment under paragraph (2) or (3), an owner of nonindustrial private forest land or a timber service business, respectively, shall submit to the applicable local office of the Farm Service Agency an application demonstrating that—
(i)
to the satisfaction of the local office, the nonindustrial private forest land on which the outbreak response measures are carried out had tree cover immediately before the pine beetle outbreak;
(ii)
the nonindustrial private forest land is located in a county that the Secretary has designated as a primary natural disaster area due to drought, wildfire, hurricane or excessive winds, an ice storm or blizzard, a flood, or any other resource-impacting event during the preceding 12-month period; and
(iii)
forest pest surveys conducted by the Forest Service or a State forestry agency confirm pine beetle infestations on or within a reasonable distance from the nonindustrial private forest land on which the outbreak response measures are carried out.
(B)
Implementation by local offices
The local offices of the Farm Service Agency, in consultation with the applicable county committees of the Farm Service Agency, shall—
(i)
determine whether applicants for payments under paragraphs (2) and (3) are eligible for the payments; and
(ii)
provide payments to eligible applicants.
(5)
Emergency outbreak public assistance grants
The Secretary may provide supplemental grants to State, Tribal, and local governments to aid in the response to, and the repair of damage caused by, pine beetle outbreaks.
 .
3.
Emergency loans
(a)
In general
Section 321 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961 ) is amended—
(1)
by striking subsection (d);
(2)
in subsection (c)—
(A)
by inserting  ( 7 U.S.C. 2266(a) )  before the period at the end; and
(B)
by striking  (c) The Secretary  and inserting the following:
(d)
Family farm system
The Secretary
 ;
(3)
by redesignating subsection (b) as subsection (c);
(4)
by striking the section designation and all that follows through  (a) The Secretary  in subsection (a) and inserting the following:
321.
Definitions; eligibility for loans
(a)
Definitions
In this subtitle:
(1)
Able to obtain sufficient credit elsewhere
The term  able to obtain sufficient credit elsewhere , with respect to an applicant, means that the applicant is able to obtain sufficient credit elsewhere to finance the actual needs of the applicant at a reasonable rate and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time.
(2)
Aquaculture
The term  aquaculture  means the husbandry of aquatic organisms under a controlled or selected environment.
(b)
Eligible persons
The Secretary
 ; and
(5)
by adding at the end the following:
(e)
Loans to owners of nonindustrial private forest land
(1)
Definitions
In this subsection:
(A)
Nonindustrial private forest land
The term  nonindustrial private forest land  has the meaning given the term in section 407(a) of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206(a) ).
(B)
Outbreak response measure
The term  outbreak response measure  has the meaning given the term in subsection (e)(1) of section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ).
(2)
Loans
Notwithstanding any other provision of this subtitle, the Secretary may make an emergency loan to an owner of nonindustrial private forest land to carry out an outbreak response measure.
(3)
Amount
The amount of an emergency loan under this subsection shall be not less than 75 percent of the estimated total cost of the outbreak response measures to be carried out to address a pine beetle outbreak.
(4)
Loan repayment options
In the case of an owner of nonindustrial private forest land that receives an emergency loan under this subsection and subsequently receives a cost-share payment under subsection (e)(2) of section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ) with respect to the same pine beetle outbreak on the same nonindustrial private forest land, the owner may, at the option of the owner, apply the amount of the cost-share payment to the remaining principal on the emergency loan under this subsection.
 .
(b)
Conforming amendments
(1)
Section 531(a) of the Federal Crop Insurance Act ( 7 U.S.C. 1531(a) ) is amended—
(A)
in paragraph (16), by striking  section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) )  and inserting  section 321(b) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(b) ) ; and
(B)
in paragraph (18), by striking  section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) )  and inserting  section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) ) .
(2)
Section 324(d)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1964(d)(1) ) is amended, in the first sentence, by striking  section 321(b) of this title  and inserting  section 321(c) .
(3)
Section 901(a) of the Trade Act of 1974 ( 19 U.S.C. 2497(a) ) is amended—
(A)
in paragraph (5), by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately;
(B)
in paragraph (16), by striking  section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) )  and inserting  section 321(b) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(b) ) ; and
(C)
in paragraph (18), by striking  section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) )  and inserting  section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) ) .
(4)
Section 582(d)(1) of the National Flood Insurance Reform Act of 1994 ( 42 U.S.C. 5154a(d)(1) ) is amended by striking  section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) )  and inserting  section 321(b) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(b) ) .