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Code · STATUTE-COMPILATIONS · Agriculture Improvement Act of 2018 · Sec. 2403

Sec. 2403. EMERGENCY CONSERVATION PROGRAM

829 words·~4 min read·/statute-compilations/comps-15214/sec-2403

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## SEC. 2403 EMERGENCY CONSERVATION PROGRAM ###
(a)Repair or Replacement of Fencing ####
(1)In general Section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201) is amended— #####
(A)by inserting “wildfires,” after “hurricanes,”; #####
(B)by striking the section designation and all that follows through “ The Secretary of Agriculture ” and inserting the following: > > ## “SEC. SEC. 401 EMERGENCY CONSERVATION PROGRAM > > > ### “(a) In General > > The Secretary of Agriculture (referred to in this title as the ‘Secretary’)” > ; and #####
(C)by adding at the end the following: > > ### “(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.” > . ####
(2)Conforming amendments #####
(A)Sections 402, 403, 404, and 405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2202, 2203, 2204, 2205) are amended by striking “Secretary of Agriculture” each place it appears and inserting “Secretary”. #####
(B)Section 407(a) of the Agricultural Credit Act of 1978 (16 U.S.C. 2206(a)) is amended by striking paragraph (4). ###
(b)Cost Share Payments Title IV of the Agricultural Credit Act of 1978 is amended by inserting after section 402 (16 U.S.C. 2202) the following: > > ## “SEC. SEC. 402A COST-SHARE REQUIREMENT > > **[**[16 U.S.C. 2202a](/us/usc/t16/s2202a)**]** > > > ### “(a) Cost-share Rate > > Subject to subsections
(b)and (c), the maximum cost-share payment under sections 401 and 402 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 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), or a beginning farmer or rancher under section 401 or 402 shall not exceed 90 percent of the total allowable cost, as determined by the Secretary. > > > ### “(c) Limitation > > The total payment under sections 401 and 402 for a single event may not exceed 50 percent of the agriculture value of the land, as determined by the Secretary.” > . ###
(c)Payment Limitations Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended by inserting after section 402A (as added by subsection (b)) the following: > > ## “SEC. SEC. 402B PAYMENT LIMITATION > > **[**[16 U.S.C. 2202b](/us/usc/t16/s2202b)**]** > > The maximum payment made under the emergency conservation program to an agricultural producer under sections 401 and 402 shall not exceed $500,000.” > . ###
(d)Watershed Protection Program Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended— ####
(1)by striking the section heading and inserting “emergency watershed program”; and ####
(2)in subsection (a), by inserting “watershed protection” after “emergency”. ###
(e)Funding and Administration Section 404 of the Agricultural Credit Act of 1978 (16 U.S.C. 2204) is amended— ####
(1)in the fourth sentence, by striking “ The Corporation ” and inserting the following: > > ### “(d) Limitation > > The Commodity Credit Corporation” > ; ####
(2)in the third sentence (as amended by subsection (a)(2)(A)), by striking “ In implementing the provisions of ” and inserting the following: > > ### “(c) Use of Commodity Credit Corporation > > In implementing” > ; ####
(3)by striking the second sentence; ####
(4)by striking the section designation and all that follows through “ There are authorized ” in the first sentence and inserting the following: > > ## “SEC. SEC. 404 FUNDING AND ADMINISTRATION > > > ### “(a) Authorization of Appropriations > > There are authorized” > ; ####
(5)in subsection
(a)(as so designated), by inserting “, to remain available until expended” before the period at the end; and ####
(6)by inserting after subsection
(a)(as so designated) the following: > > ### “(b) Set-aside for Fencing > > Of the amounts made available under subsection
(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.” > .
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