12 2 STA T . 12 9 1 PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8theS e cr et a r y that the no n i n dus tria lp ri v ate f orest land on w hich the e m er g ency measures are carried out had tree cover immediately b efore the natural disaster .‘ ‘ ( d )COST S HARER E QUI RE M E N T. —P ayments made under sub - section (b) shall not e x ceed 75 percent of the total cost of the emergency measures carried out by an owner of nonindustrial pri- vate forest land. ‘‘(e) A UTHORI Z ATION O F A P PROPRIATIONS.— T here are authori z ed to be appropriated to the Secretary such funds as may be necessary to carry out this section. Amounts so appropriated shall remain available until expended. ’ ’. (b) RE G U L ATIONS.— N ot later than one year after the date of the enactment of this Act , the Secretary of Agriculture shall issue regulations to carry out section 40 7 of the Agricultural Credit Act of 19 7 8 , as added by subsection (a). SEC.8204 . PR E V E NTIO NO F I L LE GA L LOGGING PRACTICES. (a) D EFINITIONS.— (1) PLANT.—Subsection (f) of section 2 of the L acey Act Amendments of 1981 (1 6U .S.C. 3 371) is amended to read as follows
‘‘(f) PLANT.— ‘‘(1) I N GENERAL.—The terms ‘plant’ and ‘plants’ mean any wild member of the plant k ingdom, including roots, seeds, parts, or products thereof, and including trees from either natural or planted forest stands. ‘‘(2) EXC LUSIONS.—The terms ‘plant’ and ‘plants’ exclude— ‘‘(A) common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof)
‘‘( B ) a scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to be used only for laboratory or field research; and ‘‘(C) any plant that is to remain planted or to be planted or replanted. ‘‘(3) EXCEPTIONS TO APPLICATION OF EXCLUSIONS.—The exclusions made by subparagraphs (B) and (C) of paragraph (2) do not apply if the plant is listed— ‘‘(A) in an appendix to the Convention on International Trade in Endangered Species of W ild F auna and Flora (27 UST 1087; TIAS 8249); ‘‘(B) as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et se q .); or ‘‘(C) pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.’’. (2) INCLUSION OF SECRETAR Y OF AGRICULTURE.—Section 2(h) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(h)) is amended by striking ‘‘plants the term means’’ and inserting ‘‘plants, the term also means’’. (3) TA K EN AN D TAKING.—Subsection ( j ) of section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended to read as follows: ‘‘(j) TAKEN AND TAKING.— Deadlin e .16USC2 2 0 6 n ot e.
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