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16 U.S.C. § 2203 — Emergency watershed program
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Stable record: federal_law:legal_authorities:record_usc_a68566e4db24740d6e1c3e40
Source file: Laws/federal/codes/united-states-code/title-16/section-2203-emergency-watershed-program--43ee6f9e74.md
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Source location: Title 16, Chapter 42, § 2203; chapter-042-emergency-conservation-program.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual funding** For each of fiscal years 2014 through 2031, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under this chapter (including the provision of technical assistance):
(1) The conservation reserve program under subpart B of part I of subchapter IV, including, to the maximum extent practicable—
(A) $12,000,000 for the period of fiscal years 2019 through 2023 to provide payments under [section 3834(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3834/c&num=0&edition=prelim); and
(B) $50,000,000 for the period of fiscal years 2019 through 2023, including not more than $5,000,000 to provide outreach and technical assistance, to carry out [section 3835(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3835/f&num=0&edition=prelim) to facilitate the transfer of land subject to contracts from contract holders to covered farmers or ranchers, as defined in [section 3835(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3835/f/1&num=0&edition=prelim).
(2) The agricultural conservation easement program under subchapter VII using to the maximum extent practicable—
(A) $625,000,000 for fiscal year 2026;
(B) $650,000,000 for fiscal year 2027;
(C) $675,000,000 for fiscal year 2028;
(D) $700,000,000 for fiscal year 2029;
(E) $700,000,000 for fiscal year 2030; and
(F) $700,000,000 for fiscal year 2031.
(3) The programs under part IV of subchapter IV, using, to the maximum extent practicable—
(A) for the environmental quality incentives program under subpart A of part IV of subchapter IV—
(i) $2,655,000,000 for fiscal
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3841
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Federal law — U.S. Code and appendices · legal_authorities
Page 2175
TITLE 16—CONSERVATION
§ 2203
Statutory Notes and Related Subsidiaries
EFFECTIVE AND TERMINATION DATES OF 1989
AMENDMENT
Pub. L. 101–82, title V, § 502(2), Aug. 14, 1989, 103 Stat.
586, provided in part that amendment by section 502(2)
of Pub. L. 101–82 is effective only for fiscal year 1989.
EFFECTIVE DATE
Section effective Oct. 1, 1978, see section 406 of Pub.
L. 95–334, set out as a note under section 2201 of this
title.
§ 2202a. Cost-share requirement
(a) Cost-share rate
Subject to subsections (b) and (c), the max-
imum 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) Exception
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 be-
ginning 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) Limitation
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.
(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 emer-
gency 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
The Secretary is authorized to undertake
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2203
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