§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 section 3831(a) of this title if eligible land that is subject to such contract is transferred into the program established by this subpart.

(g) Easements

The Secretary shall enroll lands in the wetland reserve through the purchase of easements as provided for in section 3837a of this title.

(Pub. L. 99–198, title XII, §1237, as added Pub. L. 101–624, title XIV, §1438, Nov. 28, 1990, 104 Stat. 3584 ; amended Pub. L. 102–237, title II, §204(6), Dec. 13, 1991, 105 Stat. 1855 ; Pub. L. 103–66, title I, §1402(c), Aug. 10, 1993, 107 Stat. 333 .)

Amendments

1993-Subsec. (b). Pub. L. 103–66, §1402(c)(1), added subsec. (b) and struck out former subsec. (b) "Number of Acres" which read as follows: "To the extent practicable, the Secretary shall attempt to enroll into the wetlands reserve program, 1,000,000 acres of land during the 1991 through 1995 calendar years; except that the Secretary may not enroll more than 200,000 acres in 1991, 400,000 acres in the 1991 to 1992 period, 600,000 acres in the 1991 to 1993 period, 800,000 acres in the 1991 to 1994 period, and 1,000,000 acres in the 1991 to 1995 period."

Subsec. (c). Pub. L. 103–66, §1402(c)(2), substituted "2000" for "1995".

1991-Subsec. (d). Pub. L. 102–237 substituted "subsection (c)" for "subsection (d)" in introductory provisions.