Emergency conservation programs

(a) Emergency conservation program Section 401(b) of the Agricultural Credit Act of 1978 (16 U.S.C. 2201(b)) is amended by adding at the end the following (3) New or emerging technologies Repair or replacement of fencing under this section may include updating of fencing to new or emerging technology if such updating does not increase the cost of the repair of replacement.. (b) Additional requirements for the emergency conservation program Title IV of the Agricultural Credit Act of 1978 is amended by inserting after section 402B (16 U.S.C. 2202b) the following: 402C. Additional requirements for the emergency conservation program (a) Eligibility of Federal, State, and local land users (1) In general An agricultural producer eligible to receive payments under sections 401 and 402 includes a person that— (A) holds a permit or lease from the Federal Government to conduct agricultural production or grazing on Federal land; or (B) holds a permit or leases land from a State or unit of local government to conduct agricultural production or grazing on that land. (2) Effect Nothing in this subsection authorizes the Secretary to make a payment under section 401 or 402 to the Federal Government, a State, or a unit of local government. (b) Permanent and temporary improvements Emergency measures eligible for payments under sections 401 and 402 include— (1) new permanent or temporary measures, including permanent water wells and permanent or temporary surface or aboveground pipelines and watering facilities; and (2) replacement or restoration of existing emergency measures with permanent or temporary measures, including permanent water wells and permanent or temporary surface or aboveground pipelines and watering facilities. (c) Streamlining application process (1) Waiver of public comment During an eligible natural disaster or drought, as determined by the Secretary in accordance with sections 401(a) and 402, the 30-day public comment period required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be waived with respect to an application to carry out emergency measures under section 401 or 402 on land administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this subsection as the Secretary of the Interior). (2) Acceptance of environmental reviews With respect to an application to carry out emergency measures under section 401 or 402 on land administered by the Secretary of the Interior, the Secretary of the Interior may accept— (A) during an eligible natural disaster, as determined by the Secretary, an archeological review conducted by the Department of Agriculture or a qualified contractor that has been approved by the Secretary of the Interior, for purposes of such an archeological review required to be conducted; (B) an environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) conducted by the Department of Agriculture or a qualified contractor that has been approved by the Secretary of the Interior, for purposes of such an environmental review required to be conducted; and (C) a review under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) conducted by the Department of Agriculture or a qualified contractor that has been approved by the Secretary of the Interior, for purposes of such a review required to be conducted.. (c) Emergency watershed program Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended— (1) in subsection (a)— (A) by striking the subsection designation and heading and all that follows through The Secretary and inserting the following: (a) Authorizations (1) In general The Secretary; and (B) by adding at the end the following: (2) Eligible purposes of floodplain easements A floodplain easement acquired by the Secretary under this section may be used— (A) to restore, protect, maintain, and enhance the hydrologic and other functions and values of floodplains, including wetlands and associated land, riparian areas, and stream channels; (B) to conserve natural values, including fish and wildlife habitat, water quality, flood water retention, and groundwater recharge; and (C) to safeguard lives and property from floods, drought, and the products of erosion. (3) Easement restoration The Secretary may restore the hydrologic and other functions and values of wetlands on floodplain easements acquired by the Secretary under this section. (4) Level of restoration In carrying out this section, this Secretary may undertake measures that increase the level of protection above that which would be necessary to address the immediate impairment of the watershed if the Secretary determines that such restoration is in the best interest of— (A) the long-term health of the watershed; and (B) the protection of the watershed from repetitive impairments. (5) Easement management (A) In general The Secretary shall acquire the rights and interests necessary to restore, protect, manage, maintain, enhance, and monitor each floodplain easement acquired under this section. (B) Allowable uses The Secretary may authorize, in writing and subject to such terms and conditions as the Secretary may prescribe in the sole discretion of the Secretary, the use of the area covered by a floodplain easement under this section by the landowner for compatible uses, if the Secretary determines that the use is consistent with the long-term protection and enhancement of the floodplain, riparian areas, wetlands, and associated land and other natural values of the easement area.; and (2) in subsection (b), by striking the subsection designation and heading and all that follows through the The Secretary in the matter preceding subparagraph (A) of paragraph (1) and inserting the following: (b) Modification and termination of floodplain easements (1) In general The Secretary. (d) Emergency forest restoration program Section 407 of the Agricultural Credit Act of 1978 (16 U.S.C. 2206) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) through (3) as paragraphs (3) through (5), respectively; (B) by inserting before paragraph (3) (as so redesignated) the following: (1) Eligible entity The term eligible entity means— (A) with respect to nonindustrial private forest land or industrial private forest land— (i) an owner of the nonindustrial private forest land or industrial private forest land; or (ii) a person that receives concurrence from the landowner to carry out emergency measures in lieu of the owner; (B) with respect to Federal forest land, a person that holds a permit or lease from the Federal Government to conduct livestock grazing on the Federal forest land; and (C) with respect to forest land owned by a State or a unit of local government, a person that holds a permit or leases land from the State or unit of local government to conduct livestock grazing on that forest land. (2) Eligible land The term eligible land means— (A) nonindustrial private forest land; (B) Federal forest land on which livestock grazing is authorized through a permit or lease; and (C) forest land owned by a State or unit of local government on which livestock grazing is authorized through a permit or lease.; and (C) in paragraph (3) (as so redesignated)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking nonindustrial private forest land and inserting eligible land; and (II) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (iii) in the matter preceding clause (i) (as so redesignated), by striking The term and inserting the following: (A) In general The term; and (iv) by adding at the end the following: (B) Inclusions The term emergency measures includes— (i) if the natural disaster is a drought that has diminished the existing natural water supply for grazing livestock, new permanent or temporary measures described in subparagraph (A), including permanent water wells and permanent or temporary surface or aboveground pipelines and watering facilities; and (ii) if the natural disaster affected or destroyed the existing structures, replacement or restoration of existing emergency measures with permanent or temporary measures described in subparagraph (A), including permanent water wells and permanent or temporary surface or aboveground pipelines and watering facilities.; and (2) in subsection (b)— (A) by striking an owner of nonindustrial private forest land who and inserting an eligible entity that; and (B) by striking restore the land and inserting restore eligible land; (3) in subsection (c)— (A) by striking owner must and inserting eligible entity shall; and (B) by striking nonindustrial private forest land and inserting eligible land; (4) in subsection (d), by striking an owner of nonindustrial private forest land and inserting an eligible entity; (5) by redesignating subsection (f) as subsection (h); and (6) by inserting after subsection (e) the following: (f) Streamlining application process (1) Waiver of public comment During an eligible natural disaster, as determined by the Secretary, the 30-day public comment period required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be waived with respect to an application to carry out emergency measures under this section on land administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this subsection as the Secretary of the Interior). (2) Acceptance of environmental reviews With respect to an application to carry out emergency measures under this section on land administered by the Secretary of the Interior, the Secretary of the Interior may accept— (A) during a drought emergency, as determined by the Secretary, an archeological review conducted by the Department of Agriculture or a qualified contractor that has been approved by the Secretary of the Interior, for purposes of such an archeological review required to be conducted; (B) an environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) conducted by the Department of Agriculture or a qualified contractor that has been approved by the Secretary of the Interior, for purposes of such an environmental review required to be conducted; and (C) a review under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) conducted by the Department of Agriculture or a qualified contractor that has been approved by the Secretary of the Interior, for purposes of such a review required to be conducted. (g) Effect Nothing in this section authorizes the Secretary to make a payment under this section to the Federal Government, a State, or a unit of local government..