(Purpose)
Article 1. The purpose of this Law is to maintain agricultural, forestry and fisheries industries and to contribute to the stabilization of their managements by granting government subsidies to those who carry out the disasters rehabilitation works on agricultural land, agricultural facilities, forestry facilities and fishing port facilities (hereinafter referred to as "the agricultural land, etc." ) for the expenses necessary for the disasters rehabilitation works thereof.
(Definition)
Article 2. In this Law, "agricultural land" shall mean the land that is used for the purpose of cultivation and "agricultural facilities" shall mean the public facilities that are necessary for utilization or preservation of agricultural land and are mentioned below:
(1) Irrigation and drainage facilities;
(3) Necessary facilities for prevention of disasters on agricultural land or crops.
2 In this Law, "forestry facilities" shall mean the public facilities that are necessary for utilization or preservation of forest land and are mentioned below:
(1) Preventive facilities for devastation of forest land;
3 In this Law, "fishing port facilities" shall mean the facilities that are located in the water and land areas which are to be used as fishing base and are mentioned below:
4 In this Law, "disasters" shall mean the damages caused by storms, flood, high tide, earthquake and other extraordinary natural phenomena.
5 In this Law, "disasters rehabilitation works" shall mean the works, expenses of which exceed 150,000 yen per place, out of works which are necessitated by disasters and of which objects are to restore the agricultural land, etc. damaged by disasters to their original status.
6 With regard to the application of this Law, the works, expenses of which exceed 150,000 yen per place, out of those which are necessitated by disasters and which aim to provide necessary facilities substituting for the facilities damaged by disasters (including agricultural land;hereinafter the same) when it is very difficult or inappropriate to restore them to their original status, shall be deemed to be disasters rehabilitation works.
7 In the cases of the preceding two paragraphs, the works that are concerned with one facility of which the places damaged by the disasters lie in a row at intervals within fifty metres (twenty metres, in the case of the facilities for fishing port;hereinafter the same), works that are concerned with one facility of which the places damaged by the disasters lie in a row at intervals exceeding fifty meters and works that are concerned with two or more facilities of which the separate execution is difficult or improper in view of the use of the facilities concerned, shall be regarded, as works for one place;provided that this shall not apply to the case when there is two or more bodies executing the works concerned.
(Works to be Subsidized and the Rate of Subsidy)
Article 3. The State may, within the limit of budgetary appropriations, give a subsidy to those who carry out the disasters rehabilitation works on the agricultural land, etc. for a part of its works expenses (as to the works which aim to provide for necessary facilities in place of such works which are not proper to be restored to their original status out of those prescribed in paragraph 6 of the preceding Article, when the works expenses for the said works exceed the amount necessary for restoration to their original status, an amount corresponding to the necessary amount in case disasters rehabilitation works to their original status would have been done;hereinafter the same).
2 The rate of subsidy granted by the State in accordance with the provision of the preceding paragraph shall be classified as follow:
(1) Concerning agricultural land: 50% of works expenses of the said disasters rehabilitation works;
(2) Concerning agricultural facilities: 65% of works expenses of the said disasters rehabilitation works;
(3) Concerning forestry facilities:
a. Facilities for prevention of devastation of forest land: 2/3 of works expenses of the said disasters rehabilitation works;
b. Concerning forest road: 50% of works expenses for the said disasters rehabilitation works;
(4) Concerning fishing port facilities:
a. Works which are concerned with facilities maintained and managed by To, Do, Fu or prefecture or its agency and carried out by To, Do, Fu or prefecture concerned: 65% of works expenses for the said disasters rehabilitation works;
b. Works which are concerned with the facilities maintained and managed by city, town, village, special local public entity (meaning the one under the provisions of Article 1 of the Local Autonomy Law (Law No.67 of 1947) or its agency or fisheries cooperative associations (hereinafter referred to as "city, town, village, etc." ) and carried out by the said city, town, village, etc.:
45% of works expenses of the said disasters rehabilitation works; provided that, in case this ratio plus the ratio of the amount of subsidies granted to the city, town or village or of shares on city, town or village exempted therefrom by To, Do, Fu or prefecture concerned for the disasters rehabilitation works concerned to the operation expenses concerned, exceeds 100%, the ratio shall be the one minus this excess.
(Refund of Subsidy)
Article 4. In case there accrues a surplus in works expenses of disasters rehabilitation works, object of subsidy in the fiscal year in which the subsidy was received, the person who received a subsidy in accordance with the provisions of the preceding Article must immediately refund to the State sum corresponding to an amount obtained by multiplying the surplus of disasters rehabilitation work expenses by the rate under the same Article, after the fiscal year concerned was over.
2 In case the person who received a subsidy in accordance with the provisions of Article 3 does not make use of the subsidy on disasters rehabilitation works, object of its subsidy within the fiscal year in which the subsidy was received, or has made use of that subsidy in contravention of its purpose, or has executed the work, object of that subsidy, very inappropriately, the Minister of Agriculture and Forestry may order him to refund the whole or a part of that subsidy.
3 The person who is ordered to refund the subsidy in accordance with the provision of the preceding paragraph must without delay refund to the State the designated amount.
(Exception to Application)
Article 5. This Law shall not apply to the following disasters rehabilitation works:
(1) Those which are of small economic effect;
(2) Those which are regarded as the work for maintenance;
(3) Those which are concerned with disasters that are deemed clearly to have been caused by insufficiency of planning or careless execution of works;
(4) Those which are concerned with disasters that are deemed to have been caused by a gross negligence of duty to maintain and manage;
(5) Those which are concerned with disasters that occurred in the course of execution of other work than disasters rehabilitation works;
(6) Out of the disasters rehabilitation works of agricultural land due to inflow of earth and sand, those which are concerned with the plot of the said agricultural land with average depth less than 2cm. of inflow of earth and sand in case such earth and sand are of grain less than 1mm. in diameter, and less than 5cm., in the case of earth and sand with grain less than 0.25mm., in diameter;
(7) Out of the disasters rehabilitation works of agricultural land due to washout of soil, those which are concerned with the plot of the said agricultural land with average depth of soil washed away less than 10%;
(8) Works concerning forest road of which amount of wood for charcoal made impossible to be delivered due to disasters does not exceed 2,000 koku, and concerning other small scale facilities, out of the agricultural land, etc., that the competent Minister shall determine;
(9) Such works as are not subsidized by a local public entity (To, Do, Fu or prefecture in the case of "b" ) beyond the limit of the following standards:
a. Works on agricultural land, agricultural facilities or forest road; Grant of subsidy or exemption of share corresponding to an amount of 10% of expenses of the disasters rehabilitation works;
b. Works on fishing port facilities maintained and managed by city, town, village, etc. Grant of subsidy or exemption of share corresponding to an amount of 25% of expenses of the disasters rehabilitation works.
(Guidance by the Governor of To, Do, Fu or Prefecture)
Article 6. The governor of To, Do, Fu or prefecture may conduct necessary investigation, demand report or make necessary direction on the execution of works to those who carry out the works, receiving a subsidy under this Law for the works expenses of disasters rehabilitation works on the agricultural land, etc., to make them execute the disasters rehabilitation works concerned properly.
(Relations with Other Law)
Article 7. No subsidy under the Law for Charge on the Treasury for Prefectural Public Works Expenses for Disasters (Law No.15 of 1911) shall be granted to those disasters rehabilitation works which are subsidized by the State in accordance with this Law.
(Provisions for Enforcement)
Article 8. Necessary procedures and others for enforcement of this Law shall be prescribed by Cabinet Order.