New Floodplain Act Centralizes Power: Secretary Gains 'Sole Discretion' Over Wetland Easement Management

The “Restoring America’s Floodplains Act” is a short piece of legislation that aims to turbocharge the restoration of wetlands currently sitting on federal floodplain easements. If you own property with one of these easements, this bill matters because it changes the rules of the game for how that land is managed—and who gets to call the shots.

The Upgrade for Wetland Restoration

First, the good news: This bill is focused on environmental restoration. It gives the Secretary (meaning the Department of Agriculture) the authority to offer both money and expert help to landowners to restore natural plant life and water-related functions on the wetlands within their easements (SEC. 2). Think of it as a federally funded, specialized landscaping crew showing up to fix your flood-prone areas. For a farmer or a rural landowner who already has one of these easements and wants to improve the land’s natural resilience, this technical and financial assistance is a clear benefit.

Who’s Really in Charge Now?

Here’s where things get interesting, and potentially complicated. The bill grants the Secretary “sole discretion” when it comes to setting up compatible-use agreements for these restored areas (SEC. 2). What does “sole discretion” mean in the real world? It means the Secretary gets the final, unilateral say on what you can and can’t do on that portion of your land once it’s restored. If you’re a landowner hoping for flexibility or a collaborative approach to management, this language concentrates power firmly in the federal government’s hands. While the goal is efficient management, the risk is that the resulting agreements might not align with the landowner’s needs or priorities, and there’s limited room to negotiate.

Changing the Exit Strategy

This Act also overhauls the rules for modifying or terminating these floodplain easements. The previous rules are being replaced, and the Secretary is now established as the authority to handle the general rules for modification and termination (SEC. 2). This is a big deal because the terms of an easement—when and how it can be changed or ended—are crucial to a property owner. By replacing specific rules with general rules set by the Secretary, the bill introduces a level of vagueness and centralizes authority over these critical decisions. For landowners, this means the criteria for getting out of or changing an easement agreement might become less defined and solely dependent on the Department’s internal policy decisions, which could make long-term planning harder.