View all text of Chapter 42 [§ 2201 - § 2206]
§ 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.)