SUBCHAPTER IV—AGRICULTURAL RESOURCES CONSERVATION PROGRAM
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part I—Environmental Conservation Acreage Reserve Program
Part Referred to in Other Sections
This part is referred to in
subpart a—general provisions
§3830. Environmental Conservation Acreage Reserve Program
(a) Establishment
During the 1991 through 1995 calendar years, the Secretary shall, in accordance with this part, establish an Environmental Conservation Acreage Reserve Program and implement such program through contracts and the acquisition of easements to assist owners and operators of highly erodible lands, other fragile lands (including land with associated ground or surface water that may be vulnerable to contamination), and wetlands in conserving and improving the soil and water resources of the farms or ranches of such owners and operators.
(b) Number of acres
In carrying out the Environmental Conservation Acreage Reserve Program, the Secretary shall enter into contracts with owners and operators and acquire interests in lands through easements from owners as provided for in subparts B and C.
(c) Implementation
The Secretary shall carry out the Environmental Conservation Acreage Reserve Program established under subsection (a) of this section through the conservation reserve program and the wetland reserve program established in subparts B and C, respectively. Acreage enrolled into the conservation reserve under subpart B prior to November 28, 1990, shall be considered to be land placed in the Environmental Conservation Acreage Reserve Program for the purposes of this part.
(
Amendments
1993—Subsec. (b).
subpart b—conservation reserve
Subpart Referred to in Other Sections
This subpart is referred to in
§3831. Conservation reserve
(a) In general
Through the 1995 calendar year, the Secretary shall formulate and carry out the enrollment of lands in a conservation reserve program through the use of contracts to assist owners and operators of lands specified in subsection (b) of this section to conserve and improve the soil and water resources of such lands.
(b) Eligible lands
The Secretary may include in the program established under this subpart—
(1) highly erodible croplands that—
(A) if permitted to remain untreated could substantially reduce the production capability for future generations; or
(B) can not be farmed in accordance with a plan under
(2) marginal pasture lands converted to wetland or established as wildlife habitat prior to November 28, 1990;
(3) marginal pasture lands to be devoted to trees in or near riparian areas or for similar water quality purposes, not to exceed 10 percent of the number of acres of land that is placed in the conservation reserve under this subpart in each of the 1991 through 1995 calendar years;
(4) croplands that are otherwise not eligible—
(A) if the Secretary determines that (i) such lands contribute to the degradation of water quality or would pose an on-site or off-site environmental threat to water quality if permitted to remain in agricultural production, and (ii) water quality objectives with respect to such land cannot be achieved under the water quality incentives program established under part II of this subchapter;
(B) if such croplands are newly-created, permanent grass sod waterways, or are contour grass sod strips established and maintained as part of an approved conservation plan;
(C) that will be devoted to newly established living snow fences, permanent wildlife habitat, windbreaks, shelterbelts, or filterstrips devoted to trees or shrubs; or
(D) if the Secretary determines that such lands pose an off-farm environmental threat, or pose a threat of continued degradation of productivity due to soil salinity, if permitted to remain in production.
(c) Certain land affected by secretarial action
For purposes of determining the eligibility of land to be placed in the conservation reserve established under this subpart, land shall be considered planted to an agricultural commodity during a crop year if an action of the Secretary prevented land from being planted to the commodity during the crop year.
(d) Maximum enrollment
The Secretary shall enter into contracts under this section to place in the conservation reserve a total of 38,000,000 acres during the 1986 through 1995 calendar years. In enrolling such acres, the Secretary shall reserve 1 million acres for enrollment under this section in the 1995 calendar year.
(e) Duration of contract
(1) In general
For the purpose of carrying out this subpart, the Secretary shall enter into contracts of not less than 10, nor more than 15, years.
(2) Certain lands
In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subpart after October 1, 1990, and land devoted to such uses under contracts modified under
(f) Conservation priority areas
(1) Designation
Upon application by the appropriate State agency, the Secretary shall designate watershed areas of the Chesapeake Bay Region (Pennsylvania, Maryland, and Virginia), the Great Lakes Region, the Long Island Sound Region, and other areas of special environmental sensitivity as conservation priority areas.
(2) Eligible watersheds
Watersheds eligible for designation under this subsection shall include areas with actual and significant adverse water quality or habitat impacts related to agricultural production activities.
(3) Expiration
Conservation priority area designation under this subsection shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw a watershed's designation—
(A) upon application by the appropriate State agency; or
(B) in the case of areas specified in this subsection, if the Secretary finds that such areas no longer contain actual and significant adverse water quality or habitat impacts related to agricultural production activities.
(4) Duty of Secretary
In utilizing the authority granted under this subsection, the Secretary shall attempt to maximize water quality and habitat benefits in such watersheds by promoting a significant level of enrollment of lands within such watersheds in the program under this subpart by whatever means the Secretary determines appropriate and consistent with the purposes of this subpart.
(g) Multi-year grasses and legumes
For purposes of this subpart, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities.
(
Codification
Amendments
1993—Subsec. (d).
1992—Subsec. (b)(4)(C).
1990—
1986—Subsec. (f).
Study of Land Use for Expiring Contracts and Extension of Authority
Section 1437 of
"(a)
"(1) the environmental benefits of such lands that remain out of crop production as compared to the economic benefits that would result from returning such lands to production under adequate stewardship and management;
"(2) the renewal of the contracts in a manner that allows for certain sustainable economic uses of cropland in return for lower rental payments;
"(3) the purchase of permanent easements permitting specified economic uses of cropland subject to the contracts;
"(4) the purchase of the cropland subject to the contracts;
"(5) the preservation of crop acreage bases associated with cropland subject to the contracts if the owner or operator continues to devote the cropland to conserving uses;
"(6) the purchase of crop acreage bases associated with cropland subject to the contracts; and
"(7) the expiration of the contracts.
"(b)
"(c)
"(1) extend up to 10 years contracts entered into under subchapter B of
"(2) purchase long-term or permanent easements as provided for in
at the option of the owner or operator on land that the Secretary has determined under the study conducted under subsection (a) should remain in conserving uses."
Existing Conservation Programs
Section Referred to in Other Sections
This section is referred to in
§3832. Duties of owners and operators
(a) Terms of contract
Under the terms of a contract entered into under this subpart, during the term of such contract, an owner or operator of a farm or ranch must agree—
(1) to implement a plan approved by the local conservation district (or in an area not located within a conservation district, a plan approved by the Secretary) for converting eligible lands normally devoted to the production of an agricultural commodity on the farm or ranch to a less intensive use (as defined by the Secretary), such as pasture, permanent grass, legumes, forbs, shrubs, or trees, substantially in accordance with a schedule outlined in the plan;
(2) to place highly erodible cropland subject to the contract in the conservation reserve established under this subpart;
(3) not to use such land for agricultural purposes, except as permitted by the Secretary;
(4) to establish approved vegetative cover, or water cover for the enhancement of wildlife, on such land, except that such water cover shall not include ponds for the purpose of watering livestock, irrigating crops, or raising fish for commercial purposes;
(5) in addition to the remedies provided under
(A) to forfeit all rights to receive rental payments and cost sharing payments under the contract and to refund to the Secretary any rental payments and cost sharing payments received by the owner or operator under the contract, together with interest thereon as determined by the Secretary, if the Secretary, after considering the recommendations of the soil conservation district and the Soil Conservation Service, determines that such violation is of such nature as to warrant termination of the contract; or
(B) to refund to the Secretary, or accept adjustments to, the rental payments and cost sharing payments provided to the owner or operator, as the Secretary considers appropriate, if the Secretary determines that such violation does not warrant termination of the contract;
(6) on the transfer of the right and interest of the owner or operator in land subject to the contract—
(A) to forfeit all rights to rental payments and cost sharing payments under the contract; and
(B) to refund to the United States all rental payments and cost sharing payments received by the owner or operator, or accept such payment adjustments or make such refunds as the Secretary considers appropriate and consistent with the objectives of this subpart;
unless the transferee of such land agrees with the Secretary to assume all obligations of the contract, or the transferee and the Secretary agree to modifications to such contract, where such modifications are consistent with the objectives of the program as determined by the Secretary; Provided however, no refund of rental payments and cost sharing payments shall be required when the land is purchased by or for the United States Fish and Wildlife Service;
(7) not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that the Secretary may permit harvesting or grazing or other commercial use of the forage on land that is subject to the contract in response to a drought or other similar emergency, and the Secretary may permit limited grazing on such land where such grazing is incidental to the gleaning of crop residues on the fields in which such land is located and occurs during the 7-month period in which grazing of conserving use acreage is allowed in a State under the Agricultural Act of 1949 (
(8) not to conduct any planting of trees on land that is subject to the contract unless the contract specifies that the harvesting and commercial sale of trees such as Christmas trees are prohibited, nor otherwise make commercial use of trees on land that is subject to the contract unless it is expressly permitted in the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that no contract shall prohibit activities consistent with customary forestry practice, such as pruning, thinning, or stand improvement of trees, on lands converted to forestry use;
(9) not to adopt any practice specified by the Secretary in the contract as a practice that would tend to defeat the purposes of this subpart; and
(10) to comply with such additional provisions as the Secretary determines are desirable and are included in the contract to carry out this subpart or to facilitate the practical administration thereof; and
(11) with respect to any contract entered into after November 28, 1990, concerning highly erodible land in a county that has not reached the limitation established by
(A) not to produce an agricultural commodity for the duration of the contract on any other highly erodible land that such owner or operator has purchased after November 28, 1990, and that does not have a history of being used to produce an agricultural commodity other than forage crops; and
(B) on the violation of a contract described in subparagraph (A), to be subject to the sanctions described in paragraph (5).
(b) Conversion plan provisions
The plan referred to in subsection (a)(1) of this section—
(1) shall set forth—
(A) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and
(B) the commercial use, if any, to be permitted on the land during such term; and
(2) may provide for the permanent retirement of any existing cropland base and allotment history for the land.
(c) Environmental use
To the extent practicable, not less than one-eighth of land that is placed in the conservation reserve under this subpart during the 1991 through 1995 calendar years shall be devoted to trees, or devoted to shrubs or other noncrop vegetation or water that may provide a permanent habitat for wildlife including migratory waterfowl.
(d) Alley cropping
(1) The Secretary may permit alley cropping of agricultural commodities on land that is subject to contracts entered into under this subpart, if—
(A) such land is planted to hardwood trees;
(B) such agricultural commodities will be produced in conjunction with, and in close proximity to, such hardwood trees; and
(C) the owner or operator of such land agrees to implement appropriate conservation practices concerning such land.
(2) The Secretary shall develop a bid system by which owners and operators may offer to reduce their annual rental payments in exchange for permission to produce agricultural commodities on such land in accordance with this subsection. The Secretary shall not accept offers under this paragraph that provide for less than a 50 percent reduction in such annual payments.
(3) The Secretary shall ensure that the total annual rental payments over the term of any contract modified under this subsection are not in excess of that specified in the original contract.
(4) For the purposes of this subsection, the term "alley cropping" means the practice of planting rows of trees bordered on each side by a narrow strip of groundcover, alternated with wider strips of row crops or grain.
(e) Foreclosure
Notwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this subpart may not be required to make repayments to the Secretary of amounts received under such contract if the land that is subject to such contract has been foreclosed upon and the Secretary determines that forgiving such repayments is appropriate in order to provide fair and equitable treatment. This subsection shall not void the responsibilities of such an owner or operator under the contract if such owner or operator resumes control over the property that is subject to the contract within the period specified in the contract. Upon the resumption of such control over the property by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply.
(
References in Text
The Agricultural Act of 1949, referred to in subsec. (a)(7), is act Oct. 31, 1949, ch. 792,
Codification
Amendments
1992—Subsec. (a)(6).
1991—Subsec. (a)(6).
Subsec. (a)(7).
1990—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(11).
Subsec. (c).
Subsecs. (d), (e).
Section Referred to in Other Sections
This section is referred to in
§3833. Duties of Secretary
In return for a contract entered into by an owner or operator under
(1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest;
(2) for a period of years not in excess of the term of the contract, pay an annual rental payment in an amount necessary to compensate for—
(A) the conversion of highly erodible cropland normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; and
(B) the retirement of any cropland base and allotment history that the owner or operator agrees to retire permanently; and
(3) provide conservation technical assistance to assist the owner or operator in carrying out the contract.
(
§3834. Payments
(a) Time of cost-sharing and annual rental payments
The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subpart—
(1) with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as possible after the obligation is incurred; and
(2) with respect to any annual rental payment obligation incurred by the Secretary—
(A) as soon as practicable after October 1 of each calendar year; or
(B) at the discretion of the Secretary, at any time prior to such date during the year that the obligation is incurred.
(b) Federal percentage of cost sharing payments
(1) In making cost sharing payments to an owner or operator under a contract entered into under this subpart, the Secretary shall pay 50 percent of the cost of establishing water quality and conservation measures and practices required under such contracts for which the Secretary determines that cost-sharing is appropriate and in the public interest.
(2) The Secretary shall not make any payment under this subpart to the extent that the total amount of cost sharing payments provided to such owners and operators from all sources would exceed 100 percent of the total establishment costs.
(3) In the case of land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subpart after November 28, 1990, or in the case of land converted to such production under
(4) The Secretary may permit owners or operators who contract to devote at least 10 acres of land to the production of hardwood trees under this subpart to extend the planting of such trees over a 3-year period if at least one-third of such trees are planted in each of the first 2 years.
(5) An owner or operator shall not be eligible to receive or retain cost share assistance under this subsection if such owner or operator receives any other Federal cost share assistance with respect to such land under any other provision of law.
(c) Annual rental payments; encouragement factor; method of determination; acceptance of contract offers
(1) In determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland normally devoted to the production of an agricultural commodity to less intensive use, the Secretary may consider, among other things, the amount necessary to encourage owners or operators of highly erodible cropland to participate in the program established by this subpart.
(2) The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subpart may be determined through—
(A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or
(B) such other means as the Secretary determines are appropriate.
(3) In determining the acceptability of contract offers, the Secretary may—
(A) take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, wildlife habitat, or provide other environmental benefits; and
(B) establish different criteria in various States and regions of the United States based upon the extent to which water quality or wildlife habitat may be improved or erosion may be abated.
(4) In the case of acreage enrolled in the conservation reserve established under this subpart that is to be devoted to hardwood trees, the Secretary may consider bids for contracts under this subsection on a continuous basis.
(d) Cash or in-kind payments
(1) Except as otherwise provided in this section, payments under this subpart—
(A) shall be made in cash or in commodities in such amount and on such time schedule as is agreed on and specified in the contract; and
(B) may be made in advance of determination of performance.
(2) If such payment is made with in-kind commodities, such payment shall be made by the Commodity Credit Corporation—
(A) by delivery of the commodity involved to the owner or operator at a warehouse or other similar facility located in the county in which the highly erodible cropland is located or at such other location as is agreed to by the Secretary and the owner or operator;
(B) by the transfer of negotiable warehouse receipts; or
(C) by such other method, including the sale of the commodity in commercial markets, as is determined by the Secretary to be appropriate to enable the owner or operator to receive efficient and expeditious possession of the commodity.
(3) If stocks of a commodity acquired by the Commodity Credit Corporation are not readily available to make full payment in kind to the owner or operator, the Secretary may substitute full or partial payment in cash for payment in kind.
(4) Payments to a producer under a special conservation reserve enhancement program described in subsection (f)(4) of this section shall be in the form of cash only.
(e) Regulations: payments upon death, disability, or succession
If an owner or operator who is entitled to a payment under a contract entered into under this subpart dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
(f) Rental payments fiscal year limitation; regulations; receipt of other payments unaffected; application of limit to payments received by a State, political subdivision, or agency
(1) The total amount of rental payments, including rental payments made in the form of in-kind commodities, made to an owner or operator under this subpart for any fiscal year may not exceed $50,000.
(2)(A) The Secretary shall issue regulations—
(i) defining the term "person" as used in this subsection; and
(ii) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection.
(B) The regulations issued by the Secretary on December 18, 1970, under
(3) Rental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that such owner or operator is otherwise eligible to receive under this Act, the Food, Agriculture, Conservation, and Trade Act of 1990, or the Agricultural Act of 1949 (
(4) The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987, shall not be applicable to payments received by a State, political subdivision, or agency thereof in connection with agreements entered into under a special conservation reserve enhancement program carried out by that entity that has been approved by the Secretary. The Secretary may enter into such agreements for payments to States, political subdivisions, or agencies thereof that the Secretary determines will advance the purposes of this subpart.
(g) Contracts unaffected by certain Presidential orders
Notwithstanding any other provision of law, no order issued for any fiscal year under
(h) Cost share assistance
In addition to any payment under this subpart, an owner or operator may receive cost share assistance, rental payments, or tax benefits from a State or subdivision thereof for enrolling lands in the conservation reserve program.
(
References in Text
November 28, 1990, referred to in subsec. (b)(3), was in the original "the date of enactment of this section", and was translated as meaning the date of enactment of
This Act, referred to in subsec. (f)(3), is
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (f)(3), is
The Agricultural Act of 1949, referred to in subsec. (f)(3), is act Oct. 31, 1949, ch. 792,
Section 1305(d) of the Agricultural Reconciliation Act of 1987, referred to in subsec. (f)(4), is section 1305(d) of
Amendments
1990—Subsec. (a).
Subsec. (b).
Subsec. (c)(1), (2).
Subsec. (c)(3).
"(A) take into consideration the extent of erosion on the land that is the subject of the contract and the productivity of the acreage diverted;
"(B) where appropriate, accept contract offers that provide for the establishment of—
"(i) shelterbelts and windbreaks; or
"(ii) permanently vegetated stream borders, filter strips of permanent grass, forbs, shrubs, and trees that will reduce sedimentation substantially;
"(C) establish different criteria in various States and regions of the United States to determine the extent to which erosion may be abated; and
"(D) give priority to offers made by owners and operators who are subject to the highest degree of economic stress, such as a general tightening of agricultural credit or an unfavorable relationship between production costs and prices received for agricultural commodities."
Subsec. (c)(4).
Subsec. (d)(1).
Subsec. (d)(4).
Subsec. (e).
Subsec. (f).
Subsec. (f)(3).
Subsecs. (g), (h).
1988—Subsec. (f)(4).
Effective Date of 1988 Amendment
Section 322 of
Conservation Research Application
For provisions directing that enumerated provisions of the Food Security Act of 1985 shall apply to the conservation reserve program under this subchapter with respect to rental payments to persons under contracts entered into after Dec. 22, 1987, with certain exceptions, see section 1305(d) of
Section Referred to in Other Sections
This section is referred to in
§3835. Contracts
(a) Ownership or operation requirement
(1) No contract shall be entered into under this subpart concerning land with respect to which the ownership has changed in the 3-year period preceding the first year of the contract period unless—
(A) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(B) the new ownership was acquired before January 1, 1985;
(C) the Secretary determines that the land was acquired under circumstances that give adequate assurance that such land was not acquired for the purpose of placing it in the program established by this subpart; or
(D) the ownership change occurred due to foreclosure on the land and the owner of the land immediately before the foreclosure exercises a right of redemption from the mortgage holder in accordance with State law.
(2) Paragraph (1) shall not—
(A) prohibit the continuation of an agreement by a new owner after an agreement has been entered into under this subpart; or
(B) require a person to own the land as a condition of eligibility for entering into the contract if the person—
(i) has operated the land to be covered by a contract under this section for at least 3 years preceding the date of the contract or since January 1, 1985, whichever is later; and
(ii) controls the land for the contract period.
(b) Sales or transfers; options
If during the term of a contract entered into under this subpart an owner or operator of land subject to such contract sells or otherwise transfers the ownership or right of occupancy of such land, the new owner or operator of such land may—
(1) continue such contract under the same terms or conditions;
(2) enter into a new contract in accordance with this subpart; or
(3) elect not to participate in the program established by this subpart.
(c) Modification; waiver
(1) The Secretary may modify a contract entered into with an owner or operator under this subpart if—
(A) the owner or operator agrees to such modification; and
(B) the Secretary determines that such modification is desirable—
(i) to carry out this subpart;
(ii) to facilitate the practical administration of this subpart; or
(iii) to achieve such other goals as the Secretary determines are appropriate, consistent with this subpart.
(2) The Secretary may modify or waive a term or condition of a contract entered into under this subpart in order to permit all or part of the land subject to such contract to be devoted to the production of an agricultural commodity during a crop year, subject to such conditions as the Secretary determines are appropriate.
(d) Termination; notice to Congressional Committees
(1) The Secretary may terminate a contract entered into with an owner or operator under this subpart if—
(A) the owner or operator agrees to such termination; and
(B) the Secretary determines that such termination would be in the public interest.
(2) At least 90 days before taking any action to terminate under paragraph (1) all conservation reserve contracts entered into under this subpart, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(
Amendments
1990—
1988—Subsec. (a)(1)(D).
Conservation Reserve
§3835a. Conversion of land subject to contract to other conserving uses
(a) Conversion to trees
(1) In general
The Secretary shall permit an owner or operator who has entered into a contract under this subpart that is in effect on November 28, 1990, to convert areas of highly erodible cropland that are subject to such contract, and that are devoted to vegetative cover, from such use to hardwood trees, windbreaks, shelterbelts, or wildlife corridors.
(2) Terms
(A) Extension of contract
With respect to a contract that is modified under this section that provides for the planting of hardwood trees, windbreaks, shelterbelts, or wildlife corridors, if the original term of the contract was less than 15 years, the owner or operator may extend the contract to a term of not to exceed 15 years.
(B) Cost share assistance
The Secretary shall pay 50 percent of the cost of establishing conservation measures and practices authorized under this subsection for which the Secretary determines the cost sharing is appropriate and in the public interest.
(b) Conversion to wetlands
The Secretary shall permit an owner or operator who has entered into a contract under this subpart that is in effect on November 28, 1990, to restore areas of highly erodible cropland that are devoted to vegetative cover under such contract to wetlands if—
(1) such areas are prior converted wetlands;
(2) the owner or operator of such areas enters into an agreement to provide the Secretary with a long-term or permanent easement under subpart C covering such areas;
(3) there is a high probability that the prior converted area can be successfully restored to wetland status; and
(4) the restoration of such areas otherwise meets the requirements of subpart C.
(c) Limitation
The Secretary shall not incur, through a conversion under this section, any additional expense on such acres, including the expense involved in the original establishment of the vegetative cover, that would result in cost share for costs in excess of the costs that would have been subject to cost share for the new practice had that practice been the original practice.
(d) Condition of contract
An owner or operator shall as a condition of entering into a contract under subsection (a) of this section participate in the Forest Stewardship Program established under
(
Amendments
1992—Subsec. (a)(2).
"(A)
"(B)
Section Referred to in Other Sections
This section is referred to in
§3836. Base history
(a) Reductions
A reduction, based on a ratio between the total cropland acreage on the farm and the acreage placed in the conservation reserve authorized by this subpart, as determined by the Secretary, shall be made during the period of the contract, in the aggregate, in crop bases, quotas, and allotments on the farm with respect to crops for which there is a production adjustment program.
(b) Basis for participation in other Federal programs
Notwithstanding
(c) Extension of preservation of cropland base and allotment history
The Secretary shall offer the owner or operator of a farm or ranch an opportunity to extend the preservation of cropland base and allotment history pursuant to subsection (b) of this section for such time as the Secretary determines to be appropriate after the expiration date of a contract under this subpart at the request of such owner or operator. In return for such extension, the owner or operator shall agree to continue to abide by the terms and conditions of the original contract, except that—
(1) such owner or operator shall receive no additional cost share, annual rental, or bonus payment; and
(2) the Secretary may permit, subject to such terms and conditions as the Secretary may impose, haying and grazing of acreage subject to such agreement, except during any consecutive 5 month period that is established by the State committee. Each 5 month period shall be established during the period beginning April 1 and ending October 31 of a year. In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage.
(d) Additional remedy for violations
In addition to any other remedy prescribed by law, the Secretary may reduce or terminate the amount of cropland base and allotment history preserved pursuant to subsection (c) of this section for acreage with respect to which a violation of a term or condition occurs.
(
Amendments
1990—Subsec. (a).
Subsecs. (c), (d).
Section Referred to in Other Sections
This section is referred to in
subpart c—wetlands reserve program
Subpart Referred to in Other Sections
This subpart is referred to in
§3837. Wetlands reserve program
(a) Establishment
The Secretary shall establish a wetlands reserve program to assist owners of eligible lands in restoring and protecting wetlands.
(b) Minimum enrollment
The Secretary shall enroll into the wetlands reserve program—
(1) a total of not less than 330,000 acres by the end of the 1995 calendar year; and
(2) a total of not less than 975,000 acres during the 1991 through 2000 calendar years.
(c) Eligibility
For purposes of enrolling land in the wetland reserve established under this subpart during the 1991 through 2000 calendar years, land shall be eligible to be placed into such reserve if the Secretary, in consultation with the Secretary of the Interior at the local level, determines that—
(1) such land is farmed wetland or converted wetland, together with adjacent lands that are functionally dependent on such wetlands, except that converted wetlands where the conversion was not commenced prior to December 23, 1985, shall not be eligible to be enrolled in the program under this section; and
(2) the likelihood of the successful restoration of such land and the resultant wetland values merit inclusion of such land in the program taking into consideration the cost of such restoration.
(d) Other eligible land
The Secretary may include in the wetland reserve established under this subpart, together with land that is eligible under subsection (c) of this section—
(1) farmed wetland and adjoining lands, enrolled in the conservation reserve, with the highest wetland functions and values, and that are likely to return to production after they leave the conservation reserve;
(2) other wetland of an owner that would not otherwise be eligible if the Secretary determines that the inclusion of such wetland in such easement would significantly add to the functional value of the easement; and
(3) riparian areas that link wetlands that are protected by easements or some other device or circumstance that achieves the same purpose as an easement.
(e) Ineligible land
The Secretary may not acquire easements on—
(1) land that contains timber stands established under the conservation reserve under subpart B; or
(2) pasture land established to trees under the conservation reserve under subpart B.
(f) Termination of existing contract
The Secretary may terminate or modify an existing contract entered into under
(g) Easements
The Secretary shall enroll lands in the wetland reserve through the purchase of easements as provided for in
(
Amendments
1993—Subsec. (b).
Subsec. (c).
1991—Subsec. (d).
§3837a. Easements
(a) In general
To be eligible to place land into the wetland reserve under this subpart, the owner of such land shall enter into an agreement with the Secretary—
(1) to grant an easement on such land to the Secretary;
(2) to implement a wetland easement conservation plan as provided for in this section;
(3) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to under this subpart with respect to such lands; and
(4) to provide a written statement of consent to such easement signed by those holding a security interest in the land.
(b) Terms of easement
An owner granting an easement under subsection (a) of this section shall be required to provide for the restoration and protection of the functional values of wetland pursuant to a wetland easement conservation plan that—
(1) permits—
(A) repairs, improvements, and inspections on such land that are necessary to maintain existing public drainage systems if such land is subsequently restored to the condition required by the terms of the easement; and
(B) landowners to control public access on the easement areas while identifying access routes to be used for wetland restoration activities and management and easement monitoring;
(2) prohibits—
(A) the alteration of wildlife habitat and other natural features of such land, unless specifically permitted by the plan;
(B) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is permitted by the plan or is necessary—
(i) to comply with Federal or State noxious weed control laws; or
(ii) to comply with a Federal or State emergency pest treatment program; and
(C) any activities to be carried out on such participating landowner's or successor's land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and
(D) the adoption of any other practice that would tend to defeat the purposes of this subpart, as determined by the Secretary;
(3) provides for the efficient and effective restoration of the functional values of wetlands; and
(4) includes such additional provisions as the Secretary determines are desirable to carry out this subpart or to facilitate the practical administration thereof.
(c) Restoration plans
(1) Plans
The development of restoration plans under this section shall be made through the agreement of the local representative of the Soil Conservation Service and a representative of the Fish and Wildlife Service. If agreement cannot be reached at the local level under the preceding sentence within a reasonable period of time, such plans shall be referred to the State Conservationist, who in developing such plans under this paragraph, shall consult with the Fish and Wildlife Service.
(2) Report
The State Conservationist and a representative of the Fish and Wildlife Service shall report to their respective national offices concerning all plans developed under paragraph (1) at the State level as a result of an agreement not being reached at the local level.
(d) Compatible uses
Wetland reserve program lands may be used for compatible economic uses, including such activities as hunting and fishing, managed timber harvest, or periodic haying or grazing, if such use is specifically permitted by the plan and consistent with the long-term protection and enhancement of the wetlands resources for which the easement was established.
(e) Type and length of easement
A conservation easement granted under this section—
(1) shall be in a recordable form; and
(2) shall be for 30 years, permanent, or the maximum duration allowed under applicable State laws.
(f) Compensation
Compensation for easements acquired by the Secretary under this subpart shall be made in cash in such amount as is agreed to and specified in the easement agreement, but not to exceed the fair market value of the land less the fair market value of such land encumbered by the easement. Lands may be enrolled through the submission of bids under a procedure established by the Secretary. Compensation may be provided in not less than 5 nor more than 20 annual payments of either equal or unequal size, except in the case of a permanent easement, a single lump-sum payment may be provided, as agreed on by the owner and the Secretary.
(g) Violation
On the violation of the terms or conditions of the easement or related agreement entered into under subsection (a) of this section, the easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under this subpart, together with interest thereon as determined appropriate by the Secretary.
(
Section Referred to in Other Sections
This section is referred to in
§3837b. Duties of owners
Under the terms of an agreement entered into under this subpart, an owner and operator of the land that is subject to an easement under this subpart shall agree to comply with the terms of the easement and related agreements and shall agree to the permanent retirement of any existing cropland base and allotment history for such land under any program administered by the Secretary.
(
§3837c. Duties of Secretary
(a) In general
In return for the granting of an easement by an owner under this subpart, the Secretary shall—
(1) share the cost of carrying out the establishment of conservation measures and practices, and the protection of the wetland functions and values, as set forth in the plan to the extent that the Secretary determines that cost sharing is appropriate and in the public interest; and
(2) provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the plan.
(b) Cost share assistance
In making cost share payments under subsection (a)(1) of this section, the Secretary shall pay the owner an amount that is not less than 50 percent but not more than 75 percent of eligible costs with respect to an easement which is not permanent, and not less than 75 percent but not more than 100 percent of eligible costs with respect to a permanent easement.
(c) Acceptability of offers
In determining the acceptability of easement offers, the Secretary may take into consideration—
(1) the extent to which the purposes of the easement program would be achieved on the land;
(2) the productivity of the land; and
(3) the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities.
(d) Easement priority
In carrying out this subpart, to the extent practicable, taking into consideration costs and future agricultural and food needs, the Secretary shall give priority to obtaining permanent conservation easements before shorter term conservation easements and, in consultation with the Secretary of the Interior, shall place priority on acquiring easements based on the value of the easement for protecting and enhancing habitat for migratory birds and other wildlife.
(
§3837d. Payments
(a) Time of payment
The Secretary shall provide payment for obligations incurred by the Secretary under this subpart—
(1) with respect to any cost sharing obligation as soon as possible after the obligation is incurred; and
(2) with respect to any annual easement payment obligation incurred by the Secretary as soon as possible after October 1 of each calendar year.
(b) Payments to others
If an owner who is entitled to a payment under this subpart dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
(c) Payment limitation
(1) In general
The total amount of easement payments made to a person under this subpart for any year may not exceed $50,000, except such limitation shall not apply with respect to payments for perpetual easements.
(2) Regulations
The Secretary shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection.
(3) Other payments
Easement payments received by an owner shall be in addition to, and not affect, the total amount of payments that such owner is otherwise eligible to receive under this Act, the Food, Agriculture, Conservation, and Trade Act of 1990, or the Agricultural Act of 1949 (
(4) State wetland and environmental enhancement
The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (
(d) Exemption from automatic sequester
Notwithstanding any other provision of law, no order issued under
(
References in Text
This Act, referred to in subsec. (c)(3), is
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (c)(3), is
The Agricultural Act of 1949, referred to in subsec. (c)(3), is act Oct. 31, 1949, ch. 792,
Section 1305(d) of the Agricultural Reconciliation Act of 1987, referred to in subsec. (c)(4), is section 1305(d) of
§3837e. Changes in ownership; agreement modification; termination
(a) Limitations
No easement shall be created under this subpart on land that has changed ownership in the preceding 12 months unless—
(1) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(2) the new ownership was acquired before January 1, 1990; or
(3) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program established by this subpart.
(b) Modification; termination
(1) Modification
The Secretary may modify an easement acquired from, or a related agreement with, an owner under this subpart if—
(A) the current owner agrees to such modification; and
(B) the Secretary determines that such modification is desirable—
(i) to carry out this subpart;
(ii) to facilitate the practical administration of this subpart; or
(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this subpart.
(2) Termination
(A) In general
The Secretary may terminate an easement created with an owner under this subpart if—
(i) the current owner agrees to such termination; and
(ii) the Secretary determines that such termination would be in the public interest.
(B) Notice
At least 90 days before taking any action to terminate under paragraph (A) all easements entered into under this subpart, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(
§3837f. Administration and funding
(a) Delegation of easement administration
The Secretary may delegate any of the easement management, monitoring, and enforcement responsibilities of the Secretary to Federal or State agencies that have the appropriate authority, expertise, and resources necessary to carry out such delegated responsibilities.
(b) Regulations
Not later than 180 days after November 28, 1990, the Secretary shall issue such regulations as are necessary to carry out this subpart.
(
Part II—Agricultural Water Quality Incentives
Part Referred to in Other Sections
This part is referred to in
§3838. Policy
The policy of Congress is that water quality protection, including source reduction of agricultural pollutants, henceforth shall be an important goal of the programs and policies of the Department of Agriculture. Furthermore, agricultural producers in environmentally sensitive areas should request assistance to develop and implement on-farm water quality protection plans in order to assist in compliance with State and Federal environmental laws and to enhance the environment.
(
§3838a. Definitions
As used in this part—
(1) Agricultural water quality protection practice
The term "agricultural water quality protection practice" means a farm-level practice or a system of practices designed to protect water quality by mitigating or reducing the release of agricultural pollutants, including nutrients, pesticides, animal waste, sediment, salts, biological contaminants, and other materials, into the environment.
(2) Source reduction
The term "source reduction" means minimizing the generation, emission, or discharge of agricultural pollutants or wastes through the modification of agricultural production systems and practices.
(
§3838b. Agricultural water quality protection program
(a) Incentives
(1) In general
During the 1991 through 1995 calendar years, the Secretary shall formulate and carry out a voluntary incentive program, in accordance with this part, through agreements to assist owners and operators of a farm in developing and implementing a water quality protection plan pursuant to this section.
(2) Agreements
The Secretary shall enter into agreements of 3 to 5 years upon the request of owners and operators of farms in eligible areas but shall not enter into any such agreements after December 31, 1995.
(3) Duties of owners and operators
In order to receive annual incentive payments, an owner or operator of a farm must agree—
(A) to implement a water quality protection plan approved by the Secretary subject to the agreement established under this part;
(B) not to conduct any practices on the farm that would tend to defeat the purposes of this part;
(C) to comply with such additional provisions as the Secretary determines are desirable and are included in the agreement to carry out the water quality protection plan or to facilitate the practical administration of the program;
(D) on the violation of a term or condition of the agreement at any time the owner or operator has control of the land to refund any incentive or cost share payment received with interest and forfeit any such future payments as determined by the Secretary;
(E) on the transfer of the right and interest of the owner or operator in land subject to the agreement, unless the transferee of such right and interest agrees with the Secretary to assume all obligations of the agreement, to refund any such cost share and incentive payments received under this part, as determined by the Secretary;
(F) to accurately report nutrient, pesticide and animal waste materials usage rates on management areas for three previous years; and
(G) to supply production evidence, well test results, soil tests, tissue tests, nutrient application levels, pesticide application levels, and animal waste material usage levels, to the Soil Conservation Service or another designee of the Secretary including the local conservation district for each year of the agreement, as determined necessary by the Secretary.
(4) Wetland or wildlife habitat options
(A) Cost share assistance
Owners and operators who voluntarily agree to develop and implement agricultural production practices, in concert with their water quality protection plan, that preserve and enhance wetland or wildlife habitat, shall also be eligible to receive cost share assistance for the implementation of such practices. The Secretary shall develop procedures for approving such agricultural practices, as a part of and consistent with the objectives of the water quality protection plan, that qualify for cost share assistance.
(B) Wetland preservation and wildlife habitat improvement options
(i) Wetland preservation
The Secretary shall encourage owners and operators who choose the wetland preservation option to implement, improve and maintain agricultural production practices, in concert with their water quality protection plan, that are designed to preserve and enhance existing wetland.
(ii) Wildlife habitat improvement
The Secretary shall encourage owners and operators who choose the wildlife habitat improvement option to implement, improve and maintain agricultural production practices, in concert with their water quality protection plan, that are designed to improve on-farm wildlife habitat, including the establishment of perennial cover, the protection of riparian areas, wildlife corridors, and areas of critical habitat for endangered species.
(5) Duties of Secretary
In return for an incentive agreement voluntarily entered into under this part, the Secretary shall assist the owner or operator in the protection and improvement of surface and groundwater quality and related resources by—
(A) providing an eligibility assessment of the farming operation as a basis for developing the water quality protection plan and any options associated with such plan;
(B) providing technical assistance in developing and implementing agricultural water quality protection plans;
(C) providing an annual incentive payment for developing and implementing agricultural production practices in accordance with an approved water quality protection plan submitted by the owner or operator;
(D) providing cost share assistance for implementing the wetland preservation or wildlife habitat improvement options;
(E) providing participants with information, education, and training to aid in implementation of a plan; and
(F) encouraging the owner or operator to obtain cost share assistance under other Federal, State, or local cost share programs.
(6) Payments
(A) Terms
Payments shall be made under this section for a period of not less than 3 nor more than 5 years, as determined appropriate by the Secretary, and as specified in the contract entered into under the program established under this part.
(B) Amounts
(i) Incentive
In determining the amount of incentive payment to be made to a participant under this part, the Secretary shall consider, among other things, the amount necessary on a per acre basis to encourage producers to participate, additional costs incurred by the producer, and the production values forgone, if any, in implementing the practices.
(ii) Limitation
Cost share payments shall be made in an amount not to exceed 50 percent of the cost of the eligible practice.
(C) Limitations
Payments to a participant agreeing to implement a plan on acres devoted to the production of an agricultural commodity under this part shall not exceed—
(i) $3500 per person per year in the form of incentive payments; and
(ii) not more than an additional $1500 per person per contract in the form of cost share assistance.
(D) Manner
The Secretary may make a lump sum payment to an owner or operator of the total incentive payments required under a contract entered into under this part, as reduced to present value, if such lump sum payment is necessary to enable the producer to pay the initial costs of implementing a practice required under such contract.
(E) Other programs
Payments received by an owner or operator under this part shall be in addition to, and not affect, the total amount of payments that such owner or operator is otherwise eligible to receive under this Act, the Food, Agriculture, Conservation, and Trade Act of 1990, or the Agricultural Act of 1949 (
(7) Modifications
The Secretary may modify an agreement entered into with a participant under this part if the participant agrees to such modification and the Secretary determines such modifications are desirable—
(A) to carry out this part;
(B) if natural causes prevent the implementation, improvement or maintenance of practices as required under such contract;
(C) if the contract cannot be carried out without economic losses that threaten the viability of the farming operation;
(D) if the owner or operator and the Secretary agree on contract modifications that will not compromise the water quality goals and objectives in the existing contract and that will be no less effective or timely in achieving such goals and objectives than the existing contract;
(E) to facilitate the practical administration of this part; or
(F) to achieve such other goals as the Secretary determines are appropriate, consistent with this part.
(8) Termination
The Secretary may terminate an agreement entered into with a participant under this part if—
(A)(i) the producer agrees to such termination; or
(ii) the producer violates the terms and conditions of the agreement; and
(B) the Secretary determines that such termination would be in the public interest.
(9) Refunds
The Secretary shall obtain refunds of incentive and cost share payments with interest, to the extent determined by the Secretary to be in the public interest, if an agreement is terminated or violated.
(10) Base and yield protection
An owner or operator agreeing to implement an approved water quality protection plan pursuant to this part shall, by regulations established by the Secretary, receive program payment yield and base protection on the farm during the agreement period.
(11) Acreage levels
The Secretary shall, to the extent practicable, seek to enter into agreements with participants to place into the program a total of 10 million acres during the 1991 through 1995 calendar years.
(b) Content of plans
Agricultural water quality protection plans should include as applicable—
(1) a description of the prevailing farm enterprises, cropping patterns, and cultural practices, and other information that may be relevant to protecting water quality on the farm;
(2) a description of farm resources, including soil characteristics, proximity to water bodies, and other relevant characteristics of the farm related to water quality;
(3) to the extent practicable, specific, quantitative water quality protection goals and objectives that will minimize contamination or degradation of surface or ground water;
(4) water quality protection practices that will, if implemented by a producer, assist such producer in complying with State and Federal environmental laws, and where appropriate, will complement conservation plans prepared for highly erodible lands under
(5) the specific agricultural production practices that will be implemented, improved and maintained, including practices that ensure continued farm productivity and profitability by promoting the efficient use of fertilizers, other crop nutrients, and pesticides, as well as management practices that are to be avoided, in order to carry out and achieve the water quality goals and objectives of the producer;
(6) to the extent practicable, water quality protection practices for safe storage, mixing and loading of pesticides and fertilizers, and storage and handling of animal waste;
(7) the timing and sequence for implementing such practices that will assist the producer in complying with State and Federal environmental laws, taking into consideration schedules that may be established in such laws;
(8) information that will enable evaluation of the effectiveness of the plan in protecting water quality; and
(9) recommendations of application rates and disposal methods of nutrients, pesticides, and animal waste materials as recommended by the Secretary.
(c) Plan development
The Secretary, acting through the Assistant Secretary for Natural Resources and Environment, shall establish a procedure to enable agricultural producers to develop agricultural water quality protection plans pursuant to this section.
(d) Protection of confidentiality
The Secretary shall protect the confidentiality of the information contained in these plans to the extent confidentiality is provided under current law to information contained in conservation plans under
(e) Acceptance of contracts
The Secretary shall begin accepting contracts within one year after November 28, 1990.
(f) Federal or State provisions
Acceptance of an agreement under this section or receipt of assistance pursuant to
(
References in Text
This Act, referred to in subsec. (a)(6)(E), is
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (a)(6)(E), is
The Agricultural Act of 1949, referred to in subsec. (a)(6)(E), is act Oct. 31, 1949, ch. 792,
Section Referred to in Other Sections
This section is referred to in
§3838c. Eligible lands
(a) Eligible lands
Lands eligible for enrollment in the program pursuant to
(1) areas that are not more than 1,000 feet from a public well unless a larger wellhead area is deemed desirable for inclusion by the Secretary in consultation with the Environmental Protection Agency and the State agency responsible for the State's operations under the Safe Drinking Water Act (
(2) areas that are in shallow Karst topography areas where sinkholes convey runoff water directly into ground water;
(3) areas that are considered to be critical cropland areas within hydrologic units identified in a plan submitted by the State under
(4) areas where agricultural nonpoint sources have been determined to pose a significant threat to habitat utilized by threatened and endangered species;
(5) areas recommended by State lead agencies for environmental protection as designated by a Governor of a State;
(6) in consultation with the Secretary, other areas recommended by the Administrator of the Environmental Protection Agency or the Secretary of the Interior;
(7) lands that are not located within the designated or approved areas but that are located such that if permitted to continue to operate under existing management practices would defeat the purpose of the program as determined by the Secretary; or
(8) areas contributing to identified water quality problems in areas designated by the Secretary.
(b) Priority lands
In accepting agreements pursuant to this section and providing assistance pursuant to
(
References in Text
The Safe Drinking Water Act (
Section Referred to in Other Sections
This section is referred to in
§3838d. Technical assistance for water quality protection
(a) In general
Upon request, the Secretary shall provide technical assistance to agricultural producers on eligible lands to assist such producers in developing and implementing agricultural water quality protection plans.
(b) Field office technical guidance for water quality protection
(1) Development
The Secretary shall develop guidance materials describing a process to assist agricultural producers in preparing and implementing on-farm agricultural water quality protection plans necessary to assist in complying with State and Federal environmental laws, and to implement the agricultural water quality protection policy established by this part.
(2) Content
The guidance materials required under this subsection shall reflect local agronomic, economic and ecological conditions to the extent practicable, and include and describe in detail—
(A) procedures to identify potential sources of pollution on a farm;
(B) to the extent practicable, a range of water quality protection practices, and their economic cost and benefit, that is suitable to local ecological characteristics and prevailing farm enterprises and that complement conservation plans prepared for highly erodible lands under
(C) storage, mixing, and loading practices for on-farm pesticide and fertilizer use to protect water quality;
(D) information regarding relevant State and Federal environmental laws that may impact upon the producer;
(E) criteria to evaluate the effectiveness of on-farm plans in protecting water quality and provide aggregate data to aid in evaluating compliance with State and Federal environmental laws; and
(F) means to evaluate the economic costs and benefits of agricultural water quality protection practices, including source reduction practices.
(3) Deadline
Local guidance materials shall be developed no later than two years after November 28, 1990, and up-dated periodically, but not less than every two years.
(4) Consultation
The Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and relevant State agencies in developing guidance materials under this section to ensure that such materials contain accurate and up-to-date technical information on practices designed to protect water quality.
(c) Personnel
The Secretary shall designate the Soil Conservation Service as the lead agency for purposes of providing technical assistance in connection with implementing this part, and shall assign such personnel from the Extension Service, Agricultural Research Service, and other agencies as are necessary to fulfill the purposes of this part. The Secretary may request the services of the State water quality agencies, State fish and wildlife agencies, State forestry agencies, or any other source deemed appropriate to assist in providing the technical assistance necessary for the development and implementation of the water quality protection plans.
(d) Limitation of liability
No person shall be permitted to bring or pursue any claim or action against any official or entity based upon or resulting from any technical assistance provided to assist in complying with State or Federal environmental laws under subsection (b)(1) of this section.
(
Section Referred to in Other Sections
This section is referred to in
§3838e. Demonstration and pilot programs
(a) Demonstration and model farm programs
To the extent practicable and consistent with the requirements of the program established under this part and the priority described in
(b) Pilot programs
To complement and enhance the effectiveness of the program established under this part, the Secretary may establish pilot programs, for implementation in areas determined to be priority areas under
(
§3838f. Report to Congress
Not later than September 30, 1992, the Secretary shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an interim report describing the degree of participation in the planning process and program established in this subchapter, including the number of plans that have been prepared, information on the number of plans that are in implementation, including the number and acreage of farms engaged in planning by type of environmentally sensitive area, information relevant for evaluating the effectiveness of agricultural water quality plans in protecting water quality, and other information pertinent to implementation of this part. A final report shall be submitted no later than September 30, 1994.
(
Part III—Environmental Easement Program
Part Referred to in Other Sections
This part is referred to in
§3839. Environmental easement program
(a) Establishment
The Secretary shall, during the 1991 through 1995 calendar years, formulate and carry out an environmental easement program (hereafter in this part referred to as the "easement program") in accordance with this part, through the acquisition of permanent easements or easements for the maximum term permitted under applicable State law from willing owners of eligible farms or ranches in order to ensure the continued long-term protection of environmentally sensitive lands or reduction in the degradation of water quality on such farms or ranches through the continued conservation and improvement of soil and water resources.
(b) Eligibility; termination
(1) In general
The Secretary may acquire easements under this section on land placed in the conservation reserve under this subchapter (other than such land that is likely to continue to remain out of production and that does not pose an off-farm environmental threat), land under the Water Bank Act [
(A) contains riparian corridors;
(B) is an area of critical habitat for wildlife, especially threatened or endangered species; or
(C) contains other environmentally sensitive areas, as determined by the Secretary, that would prevent a producer from complying with other Federal, State, or local environmental goals if commodities were to be produced on such land.
(2) Ineligible land
The Secretary may not acquire easements on—
(A) land that contains timber stands established under the conservation reserve under this subchapter; or
(B) pasture land established to trees under the conservation reserve under this subchapter.
(3) Termination of existing contract
The Secretary may terminate or modify any existing contract entered into under
(
References in Text
The Water Bank Act, referred to in subsec. (b)(1), is
Amendments
1991—Subsec. (b)(1)(A).
§3839a. Duties of owners; components of plan
(a) Duties of owners
(1) Plan
In conjunction with the creation of an easement on any lands under this part, the owner of the farm or ranch wherein such lands are located must agree to implement a natural resource conservation management plan under subsection (b) of this section approved by the Secretary in consultation with the Secretary of the Interior.
(2) Agreement
In return for the creation of an easement on any lands under this part, the owner of the farm or ranch wherein such lands are located must agree to the following:
(A) To the creation and recordation of an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to under this part with respect to such lands.
(B) To provide a written statement of consent to such easement signed by those holding a security interest in the land.
(C) To comply with such additional provisions as the Secretary determines are desirable and are included in the easement to carry out this part or to facilitate the practical administration thereof.
(D) To specify the location of any timber harvesting on land subject to the easement. Harvesting and commercial sales of Christmas trees and nuts shall be prohibited on such land, except that no such easement or related agreement shall prohibit activities consistent with customary forestry practices, such as pruning, thinning, or tree stand improvement on lands converted to forestry uses.
(E) To limit the production of any agricultural commodity on such lands only to production for the benefit of wildlife.
(F) Not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the easement unless specifically provided for in the easement or related agreement.
(G) Not to adopt any other practice that would tend to defeat the purposes of this part, as determined by the Secretary.
(3) Violation
On the violation of the terms or conditions of the easement or related agreement entered into under this section, the easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under this part, together with interest thereon as determined appropriate by the Secretary.
(b) Components of plan
The natural resource conservation management plan referred to in subsection (a)(1) of this section (hereafter referred to as the "plan")—
(1) shall set forth—
(A) the conservation measures and practices to be carried out by the owner of the land subject to the easement; and
(B) the commercial use, if any, to be permitted on such land during the term of the easement; and
(2) shall provide for the permanent retirement of any existing cropland base and allotment history for such land under any program administered by the Secretary.
(
§3839b. Duties of Secretary
In return for the granting of an easement by an owner under this part, the Secretary shall—
(1) share the cost of carrying out the establishment of conservation measures and practices set forth in the plan for which the Secretary determines that cost sharing is appropriate and in the public interest;
(2) pay for a period not to exceed 10 years annual easement payments in the aggregate not to exceed the lesser of—
(A) $250,000; or
(B) the difference in the value of the land with and without an easement;
(3) provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the plan; and
(4) permit the land to be used for wildlife activities, including hunting and fishing, if such use is permitted by the owner.
(
§3839c. Payments
(a) Time of payment
The Secretary shall provide payment for obligations incurred by the Secretary under this part—
(1) with respect to any cost sharing obligation as soon as possible after the obligation is incurred; and
(2) with respect to any annual easement payment obligation incurred by the Secretary as soon as possible after October 1 of each calendar year.
(b) Cost sharing payments
In making cost sharing payments to owners under this part, the Secretary may pay up to 100 percent of the cost of establishing conservation measures and practices pursuant to this part.
(c) Easement payments; acceptability of offers
(1) Determination of amount
The Secretary shall determine the amount payable to owners in the form of easement payments under this part, and in making such determination may consider, among other things, the amount necessary to encourage owners to participate in the easement program.
(2) Acceptability of offers
In determining the acceptability of easement offers, the Secretary may take into consideration—
(A) the extent to which the purposes of the easement program would be achieved on the land;
(B) the productivity of the land; and
(C) the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities.
(d) Form of payment
Except as otherwise provided in this section, payments under this part—
(1) shall be made in cash in such amount and at such time as is agreed on and specified in the easement or related agreement; and
(2) may be made in advance of a determination of performance.
(e) Payments to others
If an owner who is entitled to a payment under this part dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
(f) Payment limitation
(1) In general
The total amount of easement payments made to a person under this part for any year may not exceed $50,000.
(2) Regulations
The Secretary shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection.
(3) Other payments
Easement payments received by an owner shall be in addition to, and not affect, the total amount of payments that such owner is otherwise eligible to receive under this Act, the Food, Agriculture, Conservation, and Trade Act of 1990, or the Agricultural Act of 1949 (
(4) State environmental enhancement
The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (
(g) Exemption from automatic sequester
Notwithstanding any other provision of law, no order issued under
(
References in Text
This Act, referred to in subsec. (f)(3), is
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (f)(3), is
The Agricultural Act of 1949, referred to in subsec. (f)(3), is act Oct. 31, 1949, ch. 792,
Section 1305(d) of the Agricultural Reconciliation Act of 1987, referred to in subsec. (f)(4), is section 1305(d) of
§3839d. Changes in ownership; modification of easement
(a) Limitations
No easement shall be created under this part on land that has changed ownership in the preceding 12 months unless—
(1) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(2) the new ownership was acquired before January 1, 1990; or
(3) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program established by this part.
(b) Modification; termination
(1) Modification
The Secretary may modify an easement acquired from, or a related agreement with, an owner under this part if—
(A) the current owner of the land agrees to such modification; and
(B) the Secretary determines that such modification is desirable—
(i) to carry out this part;
(ii) to facilitate the practical administration of this part; or
(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this part.
(2) Termination
(A) In general
The Secretary may terminate an easement created with an owner under this part if—
(i) the current owner of the land agrees to such termination; and
(ii) the Secretary determines that such termination would be in the public interest.
(B) Notice
At least 90 days before taking any action to terminate under subparagraph (A) all easements entered into under this part, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(