16 U.S.C.
United States Code, 2011 Edition
Title 16 - CONSERVATION
CHAPTER 42 - EMERGENCY CONSERVATION PROGRAM
From the U.S. Government Printing Office, www.gpo.gov

CHAPTER 42—EMERGENCY CONSERVATION PROGRAM

Sec.
2201.
Payments to agricultural producers for carrying out wind erosion control or rehabilitation measures; criteria.
2202.
Payments to agricultural producers for carrying out water conservation or water enhancing measures; criteria.
2203.
Undertaking of runoff retardation and soil-erosion preventive measures; cooperation with landowners and land users; criteria.
2204.
Authorization of appropriations; availability of funds; implementation of provisions; limitations on expenditures.
2205.
Regulations for implementation of provisions.
2206.
Emergency forest restoration program.

        

§2201. Payments to agricultural producers for carrying out wind erosion control or rehabilitation measures; criteria

The Secretary of Agriculture 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, 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.

(Pub. L. 95–334, title IV, §401, Aug. 4, 1978, 92 Stat. 433.)

Effective Date

Section 406 of title IV of Pub. L. 95–334 provided that: “The provisions of this title [enacting this chapter] shall become effective October 1, 1978.”

§2202. Payments to agricultural producers for carrying out water conservation or water enhancing measures; criteria

The Secretary of Agriculture 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.)

Amendments

1989—Pub. L. 101–82, §502(1), inserted “(including measures carried out to assist confined livestock)”.

Pub. L. 101–82, §502(2), temporarily substituted “any fiscal year in which there is a period of severe drought” for “periods of severe drought”. See Effective and Termination Dates of 1989 Amendment note below.

Effective and Termination Dates of 1989 Amendment

Section 502(2) of Pub. L. 101–82 provided in part that amendment by section 502(2) of Pub. L. 101–82 is effective only for fiscal year 1989.

§2203. Undertaking of runoff retardation and soil-erosion preventive measures; cooperation with landowners and land users; criteria

The Secretary of Agriculture is authorized to undertake emergency 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.

(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.)

Amendments

1996—Pub. L. 104–127 inserted “, including the purchase of floodplain easements,” after “emergency measures”.

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, provided that:

“(a) In General.—The Secretary of Agriculture may provide disaster relief assistance in accordance with this 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 section remain available.

“(b) Form of Assistance.—The assistance authorized by this section—

“(1) includes both financial and technical assistance; and

“(2) shall be provided in a manner consistent with similar assistance authorized under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203).

“(c) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 1990.”

§2204. Authorization of appropriations; availability of funds; implementation of provisions; limitations on expenditures

There are authorized to be appropriated such funds as may be necessary to carry out the purposes of this chapter. Such funds shall remain available until expended. In implementing the provisions of this chapter, the Secretary of Agriculture may use the facilities, services, and authorities of the Commodity Credit Corporation. The 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.

(Pub. L. 95–334, title IV, §404, Aug. 4, 1978, 92 Stat. 434.)

§2205. Regulations for implementation of provisions

The Secretary of Agriculture 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.)

§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 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

The term “natural disaster” includes wildfires, hurricanes or excessive winds, drought, ice storms or blizzards, floods, or other resource-impacting events, as determined 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 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.

(4) Secretary

The term “Secretary” means the Secretary of Agriculture.

(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 disaster.

(c) Eligibility

To be eligible to receive a payment under subsection (b), an owner must demonstrate to the satisfaction of the Secretary that the nonindustrial private forest land on which the emergency measures are carried out had tree cover immediately before the natural disaster.

(d) Cost share requirement

Payments made under subsection (b) shall not exceed 75 percent of the total cost of the emergency measures carried out by an owner of nonindustrial 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. 1290, and Pub. L. 110–246, §4(a), title VIII, §8203(a), June 18, 2008, 122 Stat. 1664, 2051.)

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.

Regulations

Pub. L. 110–234, title VIII, §8203(b), May 22, 2008, 122 Stat. 1291, and Pub. L. 110–246, §4(a), title VIII, §8203(b), June 18, 2008, 122 Stat. 1664, 2052, provided that: “Not later than one year after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture shall issue regulations to carry out section 407 of the Agricultural Credit Act of 1978 [16 U.S.C. 2206], as added by subsection (a).”

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]