Sec. 2403. Emergency conservation programs
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/bill/118/s/5335/is/section-2403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 401 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2201 ) is amended— in subsection (b)— in the subsection heading, by inserting after and other emergency conservation measures ; fencing in paragraph (1)— by inserting or other emergency measures to restore farmland or replace conservation structures requiring an immediate response (as determined by the Secretary), after replacement of fencing, ; and by striking option of receiving and all that follows through the period at the end and inserting the following: option of receiving, before the agricultural producer carries out the repair, replacement, or restoration— 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 based on the fair market value of the cost of the replacement using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service or other appropriate and comparable guidance document, as determined by the Secretary; and 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 based on the fair market value of the cost of the repair or restoration using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service or other appropriate and comparable guidance document, as determined by the Secretary. ; and in paragraph (2), by striking 60-day and inserting 180-day ; and by adding at the end the following:
A wildfire that causes damage eligible for a payment under subsection
(a)includes— a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes; and a wildfire that is caused by an action directly performed by the Federal Government. . Title IV of the Agricultural Credit Act of 1978 is amended by inserting after section 402B ( 16 U.S.C. 2202b ) the following: An agricultural producer eligible to receive payments under sections 401 and 402 includes a person that— holds a permit or lease from the Federal Government to conduct agricultural production or grazing on Federal land; or holds a permit or leases land from a State or unit of local government to conduct agricultural production or grazing on that land. Nothing in this subsection authorizes the Secretary to make a payment under section 401 or 402 to the Federal Government, a State, or a unit of local government. Emergency measures eligible for payments under sections 401 and 402 include— new permanent or temporary measures, including permanent water wells and permanent or temporary surface or aboveground pipelines and watering facilities; and replacement or restoration of existing emergency measures with permanent or temporary measures, including permanent water wells and permanent or temporary surface or aboveground pipelines and watering facilities. . Section 403 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2203 ) is amended— in subsection (a)— by striking the subsection designation and heading and all that follows through The Secretary and inserting the following: The Secretary ; and by adding at the end the following: A floodplain easement acquired by the Secretary under this section may be used— to restore, protect, maintain, and enhance the hydrologic and other functions of wetlands and associated land, riparian areas, and stream channels; to conserve natural values, including fish and wildlife habitat, water quality, flood water retention, and groundwater recharge; and to safeguard lives and property from floods, drought, and the products of erosion. The Secretary may restore the hydrologic and other functions and values of wetlands on floodplain easements acquired by the Secretary under this section. The Secretary shall restore, protect, manage, maintain, enhance, and monitor floodplain easements acquired by the Secretary under this section. The Secretary may authorize, in writing and subject to such terms and conditions as the Secretary may prescribe in the sole discretion of the Secretary, the use by the landowner for compatible uses of the area of a floodplain easement acquired by the Secretary under this section, if the Secretary determines that the use is consistent with the long-term protection and enhancement of the floodplain, riparian, wetland, and associated land, and other natural values of the easement area. Except in the case of a floodplain easement acquired by the Secretary under this section and as provided in subparagraph (B), not later than 1 year after the date on which funds are obligated to a State Conservationist for emergency watershed protection measures under this section, construction of the emergency watershed protection measures shall be completed. If the Secretary determines that an exigent situation exists, subparagraph
(A)shall be applied by substituting 30 days for 1 year . ; in subsection (b), by striking the subsection designation and heading and all that follows through the The Secretary in the matter preceding subparagraph
(A)of paragraph
(1)and inserting the following: The Secretary ; and by adding at the end the following: In this subsection, the term sponsor means— a State or local government; and an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). Not later than 180 days after the date of enactment of this subsection, the Secretary shall— identify a list of emergency watershed protection measures the cost of which may be incurred by a sponsor prior to entering into an agreement with the Secretary under this section; and develop a procedure, including appropriate deadlines, to be implemented at the State level, through which a sponsor may request, for a specified natural disaster, additional emergency watershed protection measures the cost of which may be incurred by a sponsor prior to entering into an agreement with the Secretary under this section. If the Secretary and a sponsor enter into an agreement under this section, the Secretary shall consider any applicable preagreement costs incurred by the sponsor for undertaking emergency watershed protection measures identified under paragraph
(2)as meeting part of the contribution of the sponsor toward the cost of the project. A sponsor that undertakes emergency watershed protection measures prior to entering into an agreement with the Secretary under this section shall assume the risk of incurring any cost of undertaking those measures. Nothing in this subsection requires the Secretary to enter into an agreement with a sponsor. . Section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ) is amended— in subsection (a)— by redesignating paragraphs
(1)through
(3)as paragraphs
(3)through (5), respectively; by inserting before paragraph
(3)(as so redesignated) the following: The term eligible entity means— with respect to nonindustrial private forest land or industrial private forest land— an owner of the nonindustrial private forest land or industrial private forest land; or a person that— receives concurrence from the landowner to carry out emergency measures in lieu of the owner; and holds a lease on the land for a minimum of 10 years; with respect to Federal forest land, a person that holds a permit or lease from the Federal Government to conduct livestock grazing on the Federal forest land; and with respect to forest land owned by a State or a unit of local government, a person that holds a permit or leases land from the State or unit of local government to conduct livestock grazing on that forest land. The term eligible land means— nonindustrial private forest land or industrial private forest land; Federal forest land on which livestock grazing is authorized through a permit or lease; and forest land owned by a State or unit of local government on which livestock grazing is authorized through a permit or lease. ; in paragraph
(3)(as so redesignated), in subparagraph (A), in the matter preceding clause (i), by striking nonindustrial private forest land and inserting eligible land ; and in paragraph
(4)(as so redesignated), by striking wildfires, and inserting wildfires (including a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes and a wildfire that is caused by the Federal Government), ; in subsection (b)— by striking an owner of nonindustrial private forest land who and inserting an eligible entity that ; and by striking restore the land and inserting restore eligible land ; in subsection (c)— by striking owner must and inserting eligible entity shall ; and by striking nonindustrial private forest land and inserting eligible land ; in subsection (d), by striking an owner of nonindustrial private forest land and inserting an eligible entity ; by redesignating subsection
(e)as subsection (g); and by inserting after subsection
(d)the following: The Secretary shall give an eligible entity the option of receiving, before the eligible entity carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the Secretary based on the fair market value of the cost of the emergency measures using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service or other appropriate and comparable guidance document, as determined by the Secretary. If the funds provided under paragraph
(1)are not expended by the end of the 2-year period beginning on the date on which the eligible entity receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary. Nothing in this section authorizes the Secretary to make a payment under this section to the Federal Government, a State, or a unit of local government. .
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Sec. 2403
Emergency conservation programs
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