U.S Code last checked for updates: Nov 23, 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