§ 2203. Emergency watershed program

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. 1978

   Agricultural Credit Act of 1978

   Pub. L. 95–334 title IV § 403 · 92 Stat. 420

   Enacted · 16 U.S.C. § 2203

   Pub. L. 95–334, title IV, § 403, Aug. 4, 1978, 92 Stat. 434

   Source evidence

   Code source credit
   Pub. L. 95–334, title IV, § 403, Aug. 4, 1978, 92 Stat. 434

   Enacted provision · exact public law section
   Sec. 403. The Secretary of Agriculture is authorized to undertake 16 USC 2203. emergency measures 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.

2. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title III § 382 · 110 Stat. 888

   Inserted · 16 U.S.C. § 2203

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

   Source evidence

   Code amendment note
   Pub. L. 104–127 inserted “, including the purchase of floodplain easements,” after “emergency measures”.

   Enacted provision · exact public law section
   SEC. 382. FLOODPLAIN EASEMENTS. Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended by inserting “, including the purchase of floodplain easements,” after “emergency measures”.

3. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 title II § 2506 · 128 Stat. 649

   1. Inserted · 16 U.S.C. § 2203

      Pub. L. 113–79 inserted section catchline

   2. Amended · 16 U.S.C. § 2203

      Pub. L. 113–79 designated existing provisions as subsec. (a)

   3. Inserted · 16 U.S.C. § 2203

      Pub. L. 113–79 inserted heading

   4. Added · 16 U.S.C. § 2203

      Pub. L. 113–79 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 113–79 inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 2506. EMERGENCY WATERSHED PROTECTION PROGRAM.   Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended— (1) by striking “Sec. 403. The Secretary” and inserting the following: “SEC. 403. EMERGENCY MEASURES. “(a) In General.— The Secretary” ; and (2) by adding at the end the following: “(b) Floodplain Easements.— “(1) Modification and termination.— The Secretary may modify or terminate a floodplain easement administered by the Secretary under this section if— “(A) the current owner agrees to the modification or termination; and “(B) the Secretary determines that the modification or termination— “(i) will address a compelling public need for which there is no practicable alternative; and “(ii) is in the public interest. “(2) Consideration.— “(A) Termination.— As consideration for termination of an easement and associated agreements under paragraph (1), the Secretary shall enter into compensatory arrangements as determined to be appropriate by the Secretary. “(B) Modification.— In the case of a modification under paragraph (1)— “(i) as a condition of the modification, the current owner shall enter into a compensatory arrangement (as determined to be appropriate by the Secretary) to incur the costs of modification; and “(ii) the Secretary shall ensure that— “(I) the modification will not adversely affect the floodplain functions and values for which the easement was acquired; “(II) any adverse impacts will be mitigated by enrollment and restoration of other land that provides greater floodplain functions and values at no additional cost to the Federal Government; and “(III) the modification will result in equal or greater environmental and economic values to the United States.” .

4. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2403(d)(1) · 132 Stat. 4490

   Substituted · 16 U.S.C. § 2203

   Pub. L. 115–334, § 2403(d)(1), substituted “Emergency watershed program” for “Emergency measures” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 115–334, § 2403(d)(1), substituted “Emergency watershed program” for “Emergency measures” in section catchline.

   Enacted provision · exact public law section
   (1) by striking the section heading and inserting “emergency watershed program”; and

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2403(d)(2) · 132 Stat. 4490

   Inserted · 16 U.S.C. § 2203(a)

   Pub. L. 115–334, § 2403(d)(2), inserted “watershed protection” after “emergency”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–334, § 2403(d)(2), inserted “watershed protection” after “emergency”.

   Enacted provision · exact public law section
   (2) in subsection (a), by inserting “watershed protection” after “emergency”.

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 2403(a)(2)(A) · 132 Stat. 4490

   Substituted · 16 U.S.C. § 2203(a)

   Pub. L. 115–334, § 2403(a)(2)(A), substituted “The Secretary is” for “The Secretary of Agriculture is”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 115–334, § 2403(a)(2)(A), substituted “The Secretary is” for “The Secretary of Agriculture is”.

   Enacted provision · exact public law section
   (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”.

9 of 9 references resolved to an enrolled provision