II 118TH CONGRESS 1ST SESSION S. 1361 To amend the Agricultural Credit Act of 1978 to authorize the Secretary of Agriculture to provide for floodplain easement restoration and manage- ment, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 27, 2023 Ms. ERNST (for herself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Credit Act of 1978 to authorize the Secretary of Agriculture to provide for floodplain easement restoration and management, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. EMERGENCY WATERSHED PROGRAM FLOOD- 3 PLAIN EASEMENT RESTORATION AND MAN- 4 AGEMENT. 5 Section 403 of the Agricultural Credit Act of 1978 6 (16 U.S.C. 2203) is amended— 7 (1) in subsection (a)— 8 VerDate Sep 11 2014 00:56 May 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1361.IS S1361 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1361 IS (A) by striking the subsection designation 1 and heading and all that follows through ‘‘The 2 Secretary’’ and inserting the following: 3 ‘‘(a) AUTHORIZATIONS.— 4 ‘‘(1) IN GENERAL.—The Secretary’’; and 5 (B) by adding at the end the following: 6 ‘‘(2) EASEMENT RESTORATION.—The Secretary 7 may provide financial and technical assistance for 8 restoring adapted vegetative cover and the hydro- 9 logic functions and values of wetlands on floodplain 10 easements acquired under paragraph (1). 11 ‘‘(3) EASEMENT MANAGEMENT.—The Secretary 12 shall have sole discretion for entering into compat- 13 ible-use agreements with landowners and agreements 14 with government agencies or nongovernmental orga- 15 nizations to address maintenance and management 16 of the vegetative cover and wetlands restoration 17 measures on floodplain easements acquired under 18 paragraph (1).’’; and 19 (2) in subsection (b), by striking the subsection 20 designation and heading and all that follows through 21 the ‘‘The Secretary’’ in the matter preceding sub- 22 paragraph (A) of paragraph (1) and inserting the 23 following: 24 VerDate Sep 11 2014 00:56 May 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1361.IS S1361 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1361 IS ‘‘(b) MODIFICATION AND TERMINATION OF FLOOD- 1 PLAIN EASEMENTS.— 2 ‘‘(1) IN GENERAL.—The Secretary’’. 3 Æ VerDate Sep 11 2014 00:56 May 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1361.IS S1361 kjohnson on DSK79L0C42PROD with BILLS