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

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 emergency watershed protection measures, in- cluding the purchase of floodplain easements, for runoff retardation and soil-erosion preven- tion, in cooperation with landowners and land users, as the Secretary deems necessary to safe- guard lives and property from floods, drought, and the products of erosion on any watershed whenever fire, flood, or any other natural occur- rence is causing or has caused a sudden impair- ment of that watershed. (b) Floodplain easements (1) Modification and termination The Secretary may modify or terminate a floodplain easement administered by the Sec- retary under this section if— (A) the current owner agrees to the modi- fication 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 alter- native; 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 para- graph (1)— (i) as a condition of the modification, the current owner shall enter into a compen- satory 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 val- ues for which the easement was acquired; (II) any adverse impacts will be miti- gated by enrollment and restoration of other land that provides greater flood- plain functions and values at no addi- tional cost to the Federal Government; and (III) the modification will result in equal or greater environmental and eco- nomic 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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334, § 2403(d)(1), substituted ‘‘Emer- gency watershed program’’ for ‘‘Emergency measures’’ in section catchline. Subsec. (a). Pub. L. 115–334, § 2403(d)(2), inserted ‘‘wa- tershed protection’’ after ‘‘emergency’’. Pub. L. 115–334, § 2403(a)(2)(A), substituted ‘‘The Sec- retary is’’ for ‘‘The Secretary of Agriculture is’’. 2014—Pub. L. 113–79 inserted section catchline, des- ignated existing provisions as subsec. (a) and inserted heading, and added subsec. (b). 1996—Pub. L. 104–127 inserted ‘‘, including the pur- chase of floodplain easements,’’ after ‘‘emergency measures’’. Statutory Notes and Related Subsidiaries 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. DISASTER ASSISTANCE FOR WATERSHED PROTECTION ACTIVITIES Pub. L. 100–387, title IV, § 402, as added Pub. L. 101–82, title V, § 503, Aug. 14, 1989, 103 Stat. 586, authorized the Secretary of Agriculture to provide financial and tech- nical disaster relief assistance in accordance with this Page 2176 TITLE 16—CONSERVATION § 2204 section to repair damage caused by storms occurring in 1988 or 1989 to watersheds located in any county in any State, to the extent that funds authorized by this sec- tion remain available, with $25,000,000 appropriated for fiscal year 1990. § 2204. Funding and administration (a) Authorization of appropriations There are authorized to be appropriated such funds as may be necessary to carry out the pur- poses of this chapter, to remain available until expended. (b) Set-aside for fencing Of the amounts made available under sub- section (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 provi- sions of this chapter unless funds specifically appropriated for such purpose have been trans- ferred to it. (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.) Editorial Notes 2018—Pub. L. 115–334, § 2403(e), inserted section catch- line; designated first, third, and fourth sentences as subsecs. (a), (c), and (d), respectively, and inserted headings; in subsec. (a), inserted ‘‘, to remain available until expended’’ before period at end; in subsec. (c), substituted ‘‘In implementing this chapter’’ for ‘‘In im- plementing the provisions of this chapter’’; in subsec. (d), substituted ‘‘The Commodity Credit Corporation’’ for ‘‘The Corporation’’; added subsec. (b); and struck out former second sentence which read as follows: ‘‘Such funds shall remain available until expended.’’ Pub. L. 115–334, § 2403(a)(2)(A), substituted ‘‘Sec- retary’’ for‘‘Secretary of Agriculture’’ in third sen- tence. Statutory Notes and Related Subsidiaries 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. § 2205. Regulations for implementation of provi- sions The Secretary is authorized to prescribe such regulations as the Secretary determines nec- essary to carry out the provisions of this chap- ter. (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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334 substituted ‘‘The Secretary is’’ for ‘‘The Secretary of Agriculture is’’. Statutory Notes and Related Subsidiaries 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. § 2206. Emergency forest restoration program (a) Definitions In this section: (1) Emergency measures The term ‘‘emergency measures’’ means those measures that— (A) are necessary to address damage caused by a natural disaster to natural re- sources 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 The term ‘‘natural disaster’’ includes wildfires, hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other resource-impacting events, as deter- mined by the Secretary. (3) Nonindustrial private forest land 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 dis- aster 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 defini- tive decision-making authority over the land. (b) Availability of assistance 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 dis- aster. (c) Eligibility To be eligible to receive a payment under sub- section (b), an owner must demonstrate to the satisfaction of the Secretary that the nonindus- trial private forest land on which the emergency measures are carried out had tree cover imme- diately before the natural disaster. (d) Cost share requirement Payments made under subsection (b) shall not exceed 75 percent of the total cost of the emer- gency measures carried out by an owner of non- industrial private forest land. (e) Authorization of appropriations 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. (Pub. L. 95–334, title IV, § 407, as added Pub. L. 110–234, title VIII, § 8203(a), May 22, 2008, 122 Stat.