PRIA, Government Policy, Made Personal

Summary

The Secretary of Agriculture can pay farmers to stop wind erosion or to fix farmland damaged by wind, floods, hurricanes, wildfires, or other natural disasters. Payments are for new conservation problems that, if not fixed, will harm or endanger the land, cut how much it can produce, are unusual (and, except for wind erosion, don't happen often in the same place), and are so expensive to fix that federal help is or will be needed. For fence repairs or other emergency fixes the Secretary says need immediate action, farmers can choose to get money before they do the work: 75 percent of the replacement cost or 50 percent of the repair or restoration cost, as set by the Secretary. If that advance money is not spent within 180 days after the farmer gets it, the money must be returned within a reasonable time set by the Secretary. Wildfire damage counts even if the fire wasn't started naturally but spread for natural reasons, and it also counts if the fire was caused by the Federal Government.

Title 16, §2201

Conservation, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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, Aug. 4, 1978, 92 Stat. 434, provided that: “The provisions of this title [enacting this chapter] shall become effective October 1, 1978.”

Short Title

of 2026 Amendment Pub. L. 119–102, § 1, July 12, 2026, 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’.”

§2201 Emergency Conservation Program