Emergency Watershed Protection Program (EWPP) Floodplain Easement (FE)

Purpose

The purpose of the Emergency Watershed Protection Program-Floodplain Easement (EWPP-FE) is to purchase floodplain easements on eligible lands and restore the floodplain functions and values to natural conditions to the greatest extent practicable. Floodplain easements restore, protect, maintain, and enhance the functions of the floodplain; conserve natural values including fish and wildlife habitat, water quality, flood water retention, ground water recharge, and open space; reduce long-term federal disaster assistance; and safeguard lives and property from floods, drought, and the products of erosion.

Background

Section 382 of the Federal Agriculture Improvement and Reform Act of 1996, Public Law 104-127, amended EWPP to provide for the purchase of floodplain easements as an emergency measure. Since 1996, the Natural Resources Conservation Service (NRCS) has purchased floodplain easements on lands that qualify for EWPP assistance.

Land Eligibility

Any private, state, or municipal-owned floodplain lands that have been impaired within the last 12 months, have a history of repeated flooding (at least two times during the past 10 years), or would be inundated or adversely impacted as a result of a dam breach.

Eligible Payments

The EWPP-FPE enables NRCS to purchase easements on floodplain land, as well as other lands that are functionally dependent on, or would improve the practical management of the floodplain easement (at ratio no greater than 1:1) for $5,000/acre. In addition, NRCS may pay up to 100% for the cost of restoring the floodplain functions and values.

Critical Dates

• Application Deadline: March 27, 2009
• Easement Closing Deadline: December 3, 2009
• Restoration Work Completed: December 30, 2010

Application Process

Phase 1:

• Landowner submits a completed AD-1153 Application For Long-Term Contracted Assistance
• NRCS conducts basic on-site visit to determine if land meets requirements
• Landowner provides a copy of the vesting deed to the land
• Landowner provides necessary ownership documentation to NRCS based on status (individual, entity, local government, state, government)
• NRCS conducts a preliminary title search
• NRCS conducts a preliminary records search as part of Environmental Due Diligence/All Appropriate Inquiry (AAI)

Phase 2:

• NRCS conducts detailed on-site investigation, preliminary planning activities, and completes an environmental ranking assessment

Phase 3:

• NRCS ranks projects, approves funds as per state allocations

Phase 4:

• NRCS will issue a letter of tentative acceptance to the landowner for the easement. The letter will outline the easement offer, restoration funds, and preliminary plan.

Additional Information

Emergency Watershed Protection Program - Floodplain Easement

< Back to EWP