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Title 16 — Conservation

Chapter 42 — Emergency Conservation Program

§ 2201. Emergency conservation program

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Agricultural Credit Act of 1978

    Pub. L. 95–334 title IV § 401 · 92 Stat. 420

    Enacted · 16 U.S.C. § 2201

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

    Source evidence

    Code source credit
    Pub. L. 95–334, title IV, § 401, Aug. 4, 1978, 92 Stat. 433

    Enacted provision · exact public law section
    Sec. 401. The Secretary of Agriculture is authorized to make payments 16 USC 2201. 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.

  2. Agriculture Improvement Act of 2018

    Pub. L. 115–334 title II § 2403(a)(1) · 132 Stat. 4490

    1. Inserted · 16 U.S.C. § 2201

      Pub. L. 115–334 inserted section catchline

    2. Amended · 16 U.S.C. § 2201

      Pub. L. 115–334 designated existing provisions as subsec. (a)

    3. Inserted · 16 U.S.C. § 2201

      Pub. L. 115–334 inserted heading

    4. Substituted · 16 U.S.C. § 2201

      Pub. L. 115–334 substituted “The Secretary of Agriculture (referred to in this chapter as the ‘Secretary’)” for “The Secretary of Agriculture”

    5. Inserted · 16 U.S.C. § 2201

      Pub. L. 115–334 inserted “wildfires,” after “hurricanes,”

    6. Added · 16 U.S.C. § 2201

      Pub. L. 115–334 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 115–334 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “The Secretary of Agriculture (referred to in this chapter as the ‘Secretary’)” for “The Secretary of Agriculture”, inserted “wildfires,” after “hurricanes,”, and added subsec. (b).

    Enacted provision · exact public law section
    (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. 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.” .

  3. Pub. L. 119–102 § 2(1)(A) · 140 Stat. 985

    Inserted · 16 U.S.C. § 2201(b)

    Pub. L. 119–102, § 2(1)(A), inserted “and other emergency conservation measures” after “fencing” in heading

    Unresolved: Pub. L. 119–102 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 119–102, § 2(1)(A), inserted “and other emergency conservation measures” after “fencing” in heading.

  4. Pub. L. 119–102 § 2(1)(B) · 140 Stat. 985

    1. Inserted · 16 U.S.C. § 2201(b)(1)

      Pub. L. 119–102, § 2(1)(B), inserted “or for other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary),” after “replacement of fencing,”

    2. Substituted · 16 U.S.C. § 2201(b)(1)

      Pub. L. 119–102, § 2(1)(B), substituted “option of receiving, before the agricultural producer carries out the repair, replacement, or restoration—” and subpars. (A) and (B) for “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.”

    Unresolved: Pub. L. 119–102 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 119–102, § 2(1)(B), inserted “or for other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary),” after “replacement of fencing,” and substituted “option of receiving, before the agricultural producer carries out the repair, replacement, or restoration—” and subpars. (A) and (B) for “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.”

  5. Pub. L. 119–102 § 2(1)(C) · 140 Stat. 985

    Substituted · 16 U.S.C. § 2201(b)(2)

    Pub. L. 119–102, § 2(1)(C), substituted “180-day” for “60-day”

    Unresolved: Pub. L. 119–102 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 119–102, § 2(1)(C), substituted “180-day” for “60-day”.

  6. Pub. L. 119–102 § 2(2) · 140 Stat. 985

    Added · 16 U.S.C. § 2201(c)

    Pub. L. 119–102, § 2(2), added subsec. (c)

    Unresolved: Pub. L. 119–102 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 119–102, § 2(2), added subsec. (c).

7 of 12 references resolved to an enrolled provision · 5 unresolved

Editorial Notes

Amendments2018–2026 · 2 rounds

2026

Subsec. (b). Pub. L. 119–102, § 2(1)(A), inserted “and other emergency conservation measures” after “fencing” in heading.

Subsec. (b)(1). Pub. L. 119–102, § 2(1)(B), inserted “or for other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary),” after “replacement of fencing,” and substituted “option of receiving, before the agricultural producer carries out the repair, replacement, or restoration—” and subpars. (A) and (B) for “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.”

Subsec. (b)(2). Pub. L. 119–102, § 2(1)(C), substituted “180-day” for “60-day”.

Subsec. (c). Pub. L. 119–102, § 2(2), added subsec. (c).

2018

Pub. L. 115–334 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “The Secretary of Agriculture (referred to in this chapter as the ‘Secretary’)” for “The Secretary of Agriculture”, inserted “wildfires,” after “hurricanes,”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 95–334, title IV, § 406, , 92 Stat. 434, provided that: “The provisions of this title [enacting this chapter] shall become effective .”

Short Title of 2026 Amendment

Pub. L. 119–102, § 1, , 140 Stat. 985, provided that: “This Act [amending this section and section 2206 of this title] may be cited as the ‘Emergency Conservation Program Improvement Act of 2025’.”

Credits

1978–2026 · 3 acts
  1. 1978Pub. L. 95–334, title IV, § 401, , 92 Stat. 433
  2. 2018Pub. L. 115–334, title II, § 2403(a)(1), , 132 Stat. 4571
  3. 2026Pub. L. 119–102, § 2, , 140 Stat. 985.
Show as published

(Pub. L. 95–334, title IV, § 401, , 92 Stat. 433; Pub. L. 115–334, title II, § 2403(a)(1), , 132 Stat. 4571; Pub. L. 119–102, § 2, , 140 Stat. 985.)

Parsed from the official OLRC USLM XML in data/usc_all/usc16.xml · release point 119-108 · OLRC build 2026-07-16

USLM identifier /us/usc/t16/s2201