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

submitted 48 years ago by Pub. L. 95-334 to r/title-16-CONSERVATION · 362 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Agriculture may make payments for specified emergency conservation work after certain natural disasters. The section sets advance-payment choices, a return-of-funds rule, and two wildfire rules.

(a) In general. The Secretary of Agriculture may pay agricultural producers who take emergency steps to control wind erosion on farmland or restore farmland damaged by wind erosion, floods, hurricanes, wildfires, or other natural disasters. The payment is allowed when the damage creates new conservation problems that (1) would harm or endanger the land if untreated; (2) substantially affect the land's productive capacity; (3) are unusual and, except for wind erosion, are not likely to happen often in the same area; and (4) are so expensive to repair that Federal help is or will be needed to return the land to productive agricultural use. (b) Repair or replacement of fencing and other emergency conservation measures. (1) In general. For a payment under subsection (a) to repair or replace fencing, or to take other emergency action to replace or restore farmland or conservation structures that need an immediate response as the Secretary decides, the Secretary must let the producer choose to receive the payment before doing the work. The payment is (A) 75 percent of the replacement cost, as the Secretary determines, for a replacement; or (B) 50 percent of the repair or restoration cost, as the Secretary determines, for a repair or restoration. (2) Return of funds. If the producer does not spend the funds within 180 days after receiving them, the producer must return them within a reasonable time set by the Secretary. (c) Wildfire determination. Damage from a wildfire qualifies under subsection (a) if the wildfire (1) was not naturally caused but spread because of natural causes; or (2) was caused by the Federal Government.
the actual law source: uscode.house.gov ↗public domain
(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 and other emergency conservation measures
(1) In general

With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, or for other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary), the Secretary shall give the agricultural producer the option of receiving, before the agricultural producer carries out the repair, replacement, or restoration—

(A)

with respect to a payment to the agricultural producer for a replacement, 75 percent of the cost of the replacement, as determined by the Secretary; and

(B)

with respect to a payment to the agricultural producer for a repair or restoration, 50 percent of the cost of the repair or restoration, as determined by the Secretary.

(2) Return of funds

If the funds provided under paragraph (1) are not expended by the end of the 180-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.

(c) Wildfire determination

A wildfire that causes damage eligible for a payment under subsection (a) includes—

(1)

a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes; and

(2)

a wildfire that is caused by the Federal Government.

Source credit: (Pub. L. 95–334, title IV, § 401, Aug. 4, 1978, 92 Stat. 433; Pub. L. 115–334, title II, § 2403(a)(1), Dec. 20, 2018, 132 Stat. 4571; Pub. L. 119–102, § 2, July 12, 2026, 140 Stat. 985.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-334 · 92 Stat. 433
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4571
  • 2026Amended · Pub. L. 119-102 · 140 Stat. 985

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-334 on 1978-08-04.

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