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16 U.S.C. § 2201 — Emergency conservation program

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2201 — Emergency conservation program

**(a) In general** 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) Repair or replacement of fencing** (1) **In general** — With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, the Secretary shall give the agricultural producer the option of receiving not more than 25 percent of the payment, determined by the Secretary based on the applicable percentage of the fair market value of the cost of the repair or replacement, before the agricultural producer carries out the repair or replacement. (2) **Return of funds** — If the funds provided under paragraph (1) are not expended by the end of the 60-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.

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Stable record: federal_law:legal_authorities:record_usc_268271f0868d2d5b6687b20b
Source file: Laws/federal/codes/united-states-code/title-16/section-2201-emergency-conservation-program--0a9abf851f.md
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Source location: Title 16, Chapter 42, § 2201; chapter-042-emergency-conservation-program.md

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**(a) In general** 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) Repair or replacement of fencing** (1) **In general** — With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, the Secretary shall give the agricultural producer the option of receiving not more than 25 percent of the payment, determined by the Secretary based on the applicable percentage of the fair market value of the cost of the repair or replacement, before the agricultural producer carries out the repair or replacement. (2) **Return of funds** — If the funds provided under paragraph (1) are not expended by the end of the 60-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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2203 — Emergency watershed program

**(a) In general** 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) Floodplain easements** (1) **Modification and termination** — 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) **Consideration** (A) *Termination* — 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) *Modification* — 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2203

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2204 — Funding and administration

**(a) Authorization of appropriations** 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) Set-aside for fencing** 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) Use of Commodity Credit Corporation** In implementing this chapter, the Secretary may use the facilities, services, and authorities of the Commodity Credit Corporation. **(d) Limitation** 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 590m — Execution of powers of Secretary by Production and Marketing Administration

Notwithstanding the foregoing provisions of this chapter, the Secretary is authorized and directed to provide for the execution by the Production and Marketing Administration of such powers conferred upon him under sections 590g, 590h, 590i, and 590j to 590n of this title as he deems may be appropriately exercised by such Administration, and for such purposes the provisions of law applicable to the appointment and compensation of persons employed by the Production and Marketing Administration shall apply.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1922 — Congressional findings

The Congress finds that the statutory authority of the Secretary of Agriculture, hereinafter referred to in this chapter as the “Secretary,” for making and insuring loans to farmers and ranchers should be revised and consolidated to provide for more effective credit services to farmers.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2201 — Emergency conservation program

Page 2174 TITLE 16—CONSERVATION § 2114 Subsec. (b)(1)(A). Pub. L. 115–334, § 8624(b)(2)(A), in- serted ‘‘or county’’ after ‘‘Governor’’. Subsec. (b)(2)(A). Pub. L. 115–334, § 8624(b)(2)(B), sub- stituted ‘‘good neighbor agreement’’ for ‘‘cooperative agreement or contract entered into under subsection (a)’’. Subsec. (b)(2)(C). Pub. L. 115–334, § 8624(c), added sub- par. (C). Subsec. (b)(3). Pub. L. 115–334, § 8624(b)(2)(C), inserted ‘‘or county’’ after ‘‘Governor’’. Subsec. (b)(4). Pub. L. 115–334, § 8624(b)(2)(D), added par. (4). § 2114. Administration (a) In general The Secretary shall administer this chapter in accordance with regulations that the Secretary shall develop. (b) Guidelines The regulations promulgated under this chap- ter shall include guidelines for the administra- tion of this chapter at the Federal and State levels and shall identify the measures and ac- tivities that are eligible for cost sharing under this chapter. (c) Existing mechanisms Existing mechanisms shall be used to the ex- tent possible to make payments and deliver services to the landowner under this chapter. (d) Land grant universities The Secretary, in consultation with State for- esters or equivalent State officials, may provide assistance directly to other State and local nat- ural resource management agencies and land grant universities in implementing this chapter in cases in which the State foresters or equiva- lent State officials are not able to make fund transfers to other State and local agencies. (Pub. L. 95–313, § 20, as added Pub. L. 101–624, title XII, § 1223, Nov. 28, 1990, 104 Stat. 3542.) CHAPTER 42—EMERGENCY CONSERVATION PROGRAM Sec. 2201. Emergency conservation program. 2202. Payments to agricultural producers for car- rying out water c

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2201

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