16 USC 2203 - Emergency watershed program

U.S Code last checked for updates: Apr 29, 2024

§ 2203.

Emergency watershed program

(a)

In general

(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

(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.

(Pub. L. 95–334, title IV, § 403, Aug. 4, 1978, 92 Stat. 434; Pub. L. 104–127, title III, § 382, Apr. 4, 1996, 110 Stat. 1016; Pub. L. 113–79, title II, § 2506, Feb. 7, 2014, 128 Stat. 752; Pub. L. 115–334, title II, § 2403(a)(2)(A), (d), Dec. 20, 2018, 132 Stat. 4571, 4572.)

cite as: 16 USC 2203