16 U.S.C. Chapter 42 — EMERGENCY CONSERVATION PROGRAM

Contents

Chapter 42 · Emergency conservation program

2201Emergency conservation program#

(a)The Secretary of Agriculture (referred to in this chapter as the “Secretary”) is authorized to make payments to agricultural producers who carry out emergency measures to control wind erosion on farmlands or to rehabilitate farmlands damaged by wind erosion, floods, hurricanes, wildfires, or other natural disasters when, as a result of the foregoing, new conservation problems have been created that (1) if not treated, will impair or endanger the land, (2) materially affect the productive capacity of the land, (3) represent damage that is unusual in character and, except for wind erosion, is not the type that would recur frequently in the same area, and (4) will be so costly to rehabilitate that Federal assistance is or will be required to return the land to productive agricultural use.

(b)

(1)With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, or for other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary), the Secretary shall give the agricultural producer the option of receiving, before the agricultural producer carries out the repair, replacement, or restoration—

(A)with respect to a payment to the agricultural producer for a replacement, 75 percent of the cost of the replacement, as determined by the Secretary; and

(B)with respect to a payment to the agricultural producer for a repair or restoration, 50 percent of the cost of the repair or restoration, as determined by the Secretary.

(2)If the funds provided under paragraph (1) are not expended by the end of the 180-day period beginning on the date on which the agricultural producer receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary.

(c)A wildfire that causes damage eligible for a payment under subsection (a) includes—

(1)a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes; and

(2)a wildfire that is caused by the Federal Government.

2202Payments to agricultural producers for carrying out water conservation or water enhancing measures; criteria#

The Secretary is authorized to make payments to agricultural producers who carry out emergency water conservation or water enhancing measures (including measures carried out to assist confined livestock) during periods of severe drought as determined by the Secretary.

2202aCost-share requirement#

(a)Subject to subsections (b) and (c), the maximum cost-share payment under sections 2201 and 2202 of this title shall not exceed 75 percent of the total allowable cost, as determined by the Secretary.

(b)Notwithstanding subsection (a), a payment to a limited resource farmer or rancher, a socially disadvantaged farmer or rancher (as defined in subsection (a) of section 2279 of title 7), or a beginning farmer or rancher under section 2201 or 2202 of this title shall not exceed 90 percent of the total allowable cost, as determined by the Secretary.

(c)The total payment under sections 2201 and 2202 of this title for a single event may not exceed 50 percent of the agriculture value of the land, as determined by the Secretary.

2202bPayment limitation#

The maximum payment made under the emergency conservation program to an agricultural producer under sections 2201 and 2202 of this title shall not exceed $500,000.

2203Emergency watershed program#

(a)The Secretary is authorized to undertake emergency watershed protection measures, including the purchase of floodplain easements, for runoff retardation and soil-erosion prevention, in cooperation with landowners and land users, as the Secretary deems necessary to safeguard lives and property from floods, drought, and the products of erosion on any watershed whenever fire, flood, or any other natural occurrence is causing or has caused a sudden impairment of that watershed.

(b)

(1)The Secretary may modify or terminate a floodplain easement administered by the Secretary under this section if—

(A)the current owner agrees to the modification or termination; and

(B)the Secretary determines that the modification or termination—

(i)will address a compelling public need for which there is no practicable alternative; and

(ii)is in the public interest.

(2)

(A)As consideration for termination of an easement and associated agreements under paragraph (1), the Secretary shall enter into compensatory arrangements as determined to be appropriate by the Secretary.

(B)In the case of a modification under paragraph (1)—

(i)as a condition of the modification, the current owner shall enter into a compensatory arrangement (as determined to be appropriate by the Secretary) to incur the costs of modification; and

(ii)the Secretary shall ensure that—

(I)the modification will not adversely affect the floodplain functions and values for which the easement was acquired;

(II)any adverse impacts will be mitigated by enrollment and restoration of other land that provides greater floodplain functions and values at no additional cost to the Federal Government; and

(III)the modification will result in equal or greater environmental and economic values to the United States.

2204Funding and administration#

(a)There are authorized to be appropriated such funds as may be necessary to carry out the purposes of this chapter, to remain available until expended.

(b)Of the amounts made available under subsection (a) for a fiscal year, 25 percent shall be set aside until April 1 of that fiscal year for the repair or replacement of fencing.

(c)In implementing this chapter, the Secretary may use the facilities, services, and authorities of the Commodity Credit Corporation.

(d)The Commodity Credit Corporation shall not make any expenditures to carry out the provisions of this chapter unless funds specifically appropriated for such purpose have been transferred to it.

2205Regulations for implementation of provisions#

The Secretary is authorized to prescribe such regulations as the Secretary determines necessary to carry out the provisions of this chapter.

2206Emergency forest restoration program#

(a)In this section:

(1)The term “emergency measures” means those measures that—

(A)are necessary to address damage caused by a natural disaster to natural resources on nonindustrial private forest land, and the damage, if not treated—

(i)would impair or endanger the natural resources on the land; and

(ii)would materially affect future use of the land; and

(B)would restore forest health and forest-related resources on the land.

(2)The term “natural disaster” includes wildfires (including a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes, and a wildfire that is caused by the Federal Government), hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other resource-impacting events, as determined by the Secretary.

(3)The term “nonindustrial private forest land” means rural land, as determined by the Secretary, that—

(A)has existing tree cover (or had tree cover immediately before the natural disaster and is suitable for growing trees); and

(B)is owned by any nonindustrial private individual, group, association, corporation, or other private legal entity, that has definitive decision-making authority over the land.

(b)The Secretary may make payments to an owner of nonindustrial private forest land who carries out emergency measures to restore the land after the land is damaged by a natural disaster.

(c)To be eligible to receive a payment under subsection (b), an owner must demonstrate to the satisfaction of the Secretary that the nonindustrial private forest land on which the emergency measures are carried out had tree cover immediately before the natural disaster.

(d)Payments made under subsection (b) shall not exceed 75 percent of the total cost of the emergency measures carried out by an owner of nonindustrial private forest land.

(e)

(1)The Secretary shall give an owner of nonindustrial private forest land the option of receiving, before the owner carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the Secretary.

(2)If the funds provided under paragraph (1) are not expended by the end of the 180-day period beginning on the date on which the owner of nonindustrial private forest land receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary.

(f)There are authorized 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.

United States Government work; public domain under 17 U.S.C. § 105.