US (United States) Code. Title 16. Chapter 42: Emergency Conservation Program

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 42 - EMERGENCY CONSERVATION PROGRAM 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 42 - EMERGENCY CONSERVATION PROGRAM

.

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CHAPTER 42 - EMERGENCY CONSERVATION PROGRAM

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Sec.

2201. Payments to agricultural producers for carrying out wind

erosion control or rehabilitation measures; criteria.

2202. Payments to agricultural producers for carrying out water

conservation or water enhancing measures; criteria.

2203. Undertaking of runoff retardation and soil-erosion preventive

measures; cooperation with landowners and land users; criteria.

2204. Authorization of appropriations; availability of funds;

implementation of provisions; limitations on expenditures.

2205. Regulations for implementation of provisions.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 26 section 126.

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16 USC Sec. 2201 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 42 - EMERGENCY CONSERVATION PROGRAM

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Sec. 2201. Payments to agricultural producers for carrying out wind

erosion control or rehabilitation measures; criteria

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The Secretary of Agriculture 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, 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.

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(Pub. L. 95-334, title IV, Sec. 401, Aug. 4, 1978, 92 Stat. 433.)

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EFFECTIVE DATE

Section 406 of title IV of Pub. L. 95-334 provided that: ''The

provisions of this title (enacting this chapter) shall become

effective October 1, 1978.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3811, 3821 of this title.

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16 USC Sec. 2202 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 42 - EMERGENCY CONSERVATION PROGRAM

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Sec. 2202. Payments to agricultural producers for carrying out

water conservation or water enhancing measures; criteria

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The Secretary of Agriculture is authorized to make payments to

agricultural producers who carry out emergency water conservation

or water enhancing measures (including measures carried out to

assist confined livestock) during periods of severe drought as

determined by the Secretary.

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(Pub. L. 95-334, title IV, Sec. 402, Aug. 4, 1978, 92 Stat. 434;

Pub. L. 101-82, title V, Sec. 502, Aug. 14, 1989, 103 Stat. 586.)

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AMENDMENTS

1989 - Pub. L. 101-82, Sec. 502(1), inserted ''(including

measures carried out to assist confined livestock)''.

Pub. L. 101-82, Sec. 502(2), temporarily substituted ''any fiscal

year in which there is a period of severe drought'' for ''periods

of severe drought''. See Effective and Termination Dates of 1989

Amendment note below.

EFFECTIVE AND TERMINATION DATES OF 1989 AMENDMENT

Section 502(2) of Pub. L. 101-82 provided in part that amendment

by section 502(2) of Pub. L. 101-82 is effective only for fiscal

year 1989.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3811, 3821 of this title.

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16 USC Sec. 2203 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 42 - EMERGENCY CONSERVATION PROGRAM

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Sec. 2203. Undertaking of runoff retardation and soil-erosion

preventive measures; cooperation with landowners and land

users; criteria

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The Secretary of Agriculture is authorized to undertake emergency

measures, including the purchase of floodplain easements, 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.

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(Pub. L. 95-334, title IV, Sec. 403, Aug. 4, 1978, 92 Stat. 434;

Pub. L. 104-127, title III, Sec. 382, Apr. 4, 1996, 110 Stat.

1016.)

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AMENDMENTS

1996 - Pub. L. 104-127 inserted '', including the purchase of

floodplain easements,'' after ''emergency measures''.

DISASTER ASSISTANCE FOR WATERSHED PROTECTION ACTIVITIES

Pub. L. 100-387, title IV, Sec. 402, as added Pub. L. 101-82,

title V, Sec. 503, Aug. 14, 1989, 103 Stat. 586, provided that:

''(a) In General. - The Secretary of Agriculture may provide

disaster relief assistance in accordance with this section to

repair damage caused by storms occurring in 1988 or 1989 to

watersheds located in any county in any State, to the extent that

funds authorized by this section remain available.

''(b) Form of Assistance. - The assistance authorized by this

section -

''(1) includes both financial and technical assistance; and

''(2) shall be provided in a manner consistent with similar

assistance authorized under section 403 of the Agricultural

Credit Act of 1978 (16 U.S.C. 2203).

''(c) Authorization of Appropriations. - There are authorized to

be appropriated to carry out this section $25,000,000 for fiscal

year 1990.''

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16 USC Sec. 2204 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 42 - EMERGENCY CONSERVATION PROGRAM

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Sec. 2204. Authorization of appropriations; availability of funds;

implementation of provisions; limitations on expenditures

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There are authorized to be appropriated such funds as may be

necessary to carry out the purposes of this chapter. Such funds

shall remain available until expended. In implementing the

provisions of this chapter, the Secretary of Agriculture may use

the facilities, services, and authorities of the Commodity Credit

Corporation. The Corporation shall not make any expenditures to

carry out the provisions of this chapter unless funds specifically

appropriated for such purpose have been transferred to it.

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(Pub. L. 95-334, title IV, Sec. 404, Aug. 4, 1978, 92 Stat. 434.)

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16 USC Sec. 2205 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 42 - EMERGENCY CONSERVATION PROGRAM

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Sec. 2205. Regulations for implementation of provisions

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The Secretary of Agriculture is authorized to prescribe such

regulations as the Secretary determines necessary to carry out the

provisions of this chapter.

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(Pub. L. 95-334, title IV, Sec. 405, Aug. 4, 1978, 92 Stat. 434.)

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