Collapse to view only § 2203. Emergency watershed program
- § 2201. Emergency conservation program
- § 2202. Payments to agricultural producers for carrying out water conservation or water enhancing measures; criteria
- § 2202a. Cost-share requirement
- § 2202b. Payment limitation
- § 2203. Emergency watershed program
- § 2204. Funding and administration
- § 2205. Regulations for implementation of provisions
- § 2206. Emergency forest restoration program
§ 2201. Emergency conservation program
(a) In general
(b) Repair or replacement of fencing
(1) In general
(2) Return of funds
(Pub. L. 95–334, title IV, § 401, Aug. 4, 1978, 92 Stat. 433; Pub. L. 115–334, title II, § 2403(a)(1), Dec. 20, 2018, 132 Stat. 4571.)
§ 2202. Payments 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.
(Pub. L. 95–334, title IV, § 402, Aug. 4, 1978, 92 Stat. 434; Pub. L. 101–82, title V, § 502, Aug. 14, 1989, 103 Stat. 586; Pub. L. 115–334, title II, § 2403(a)(2)(A), Dec. 20, 2018, 132 Stat. 4571.)
§ 2202a. Cost-share requirement
(a) Cost-share rate
(b) Exception
(c) Limitation
(Pub. L. 95–334, title IV, § 402A, as added Pub. L. 115–334, title II, § 2403(b), Dec. 20, 2018, 132 Stat. 4571.)
§ 2202b. Payment 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.
(Pub. L. 95–334, title IV, § 402B, as added Pub. L. 115–334, title II, § 2403(c), Dec. 20, 2018, 132 Stat. 4572.)
§ 2203. Emergency watershed program
(a) In general
(b) Floodplain easements
(1) Modification and terminationThe 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) Consideration
(A) Termination
(B) ModificationIn 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.
(Pub. L. 95–334, title IV, § 403, Aug. 4, 1978, 92 Stat. 434; Pub. L. 104–127, title III, § 382, Apr. 4, 1996, 110 Stat. 1016; Pub. L. 113–79, title II, § 2506, Feb. 7, 2014, 128 Stat. 752; Pub. L. 115–334, title II, § 2403(a)(2)(A), (d), Dec. 20, 2018, 132 Stat. 4571, 4572.)
§ 2204. Funding and administration
(a) Authorization of appropriations
(b) Set-aside for fencing
(c) Use of Commodity Credit Corporation
(d) Limitation
(Pub. L. 95–334, title IV, § 404, Aug. 4, 1978, 92 Stat. 434; Pub. L. 115–334, title II, § 2403(a)(2)(A), (e), Dec. 20, 2018, 132 Stat. 4571, 4572.)
§ 2205. Regulations 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.
(Pub. L. 95–334, title IV, § 405, Aug. 4, 1978, 92 Stat. 434; Pub. L. 115–334, title II, § 2403(a)(2)(A), Dec. 20, 2018, 132 Stat. 4571.)
§ 2206. Emergency forest restoration program
(a) DefinitionsIn this section:
(1) Emergency measuresThe 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) Natural disaster
(3) Nonindustrial private forest landThe 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) Availability of assistance
(c) Eligibility
(d) Cost share requirement
(e) Authorization of appropriations
(Pub. L. 95–334, title IV, § 407, as added Pub. L. 110–234, title VIII, § 8203(a), May 22, 2008, 122 Stat. 1290, and Pub. L. 110–246, § 4(a), title VIII, § 8203(a), June 18, 2008, 122 Stat. 1664, 2051; amended Pub. L. 115–334, title II, § 2403(a)(2)(B), Dec. 20, 2018, 132 Stat. 4571.)