Draft Legislative Language (not the final language)  

Notwithstanding any other provision of law, $25 million is hereby appropriated, to be available until expended, to establish a Farm Stewardship Emergency Pilot program to be administered by the Director of FEMA in consultation with the Secretary of Agriculture.   

This program, which will complement existing federal and state programs, shall be established in the following watersheds subject to extreme flooding and past Presidentially declared disasters:  subwatersheds of the Red River of the North Basin in Minnesota and North Dakota, respectively; the Day County region or Vermillion Basin of South Dakota; and watersheds to be identified in California and Vermont.  Five million is appropriated to each of these watersheds or subwatersheds.   

The program shall provide, through payments to farmers, incentives to promote integrated land management practices on privately-held lands on a coordinated watershed or subwatershed basis.  The pilots shall include measures designed to provide multiple public benefits from the stewardship of private lands.  Specifically, each pilot will: 

(1) Maximize farm productivity and farm income by providing payments for restoration of wetlands, woodlands and permanent cover on farmland subject to repetitive flood losses and for conservation tillage practices that reduce runoff and soil erosion; 

(2) Promote  flood disaster mitigation measures and proper floodplain management to reduce the adverse effects of flood disasters; 

(3) Promote integrated measures to improve water quality, enhance conservation and provide recreational opportunities; 

(4) Provide opportunities to monitor and evaluate the impact of integrated land management practices on the ability of soils, riparian areas and other terrestrial systems to sequester carbon dioxide; and 

(5) Involve diverse public and private stakeholders in local pilot design and implementation. 

Not later than 90 days after the date of enactment of this Act, the Director shall issue regulations as are necessary to implement this title.  The issuance of the regulation shall be made without regard to:

(1) the notice and comment provision of section 553 of title 5, United States  Code;

(2) the State of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and

(3) chapter 35 of title 44 United States Code (commonly know as the “Paperwork Reduction Act”).