16 USC Ch. 58: Front Matter
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16 USC Ch. 58: Front Matter
From Title 16-CONSERVATIONCHAPTER 58-ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
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CHAPTER 58-ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM

SUBCHAPTER I-DEFINITIONS

Sec.
3801.
Definitions.

        

SUBCHAPTER II-HIGHLY ERODIBLE LAND CONSERVATION

3811.
Program ineligibility.
3812.
Exemptions.
(a)
Persons eligible for program benefits in connection with production or reduced production of crops on certain lands; eligibility based upon compliance with conservation plan by January 1, 1995; minimization of documentation.
(b)
Persons eligible for program benefits in connection with production of certain planted crops or production of crops on highly erodible land.
(c)
Ineligibility for loans and payments under section 3811.
(d)
Program ineligibility inapplicable to pre-December 23, 1985, section 3811 loans.
(e)
Limitations on ineligibility for tenants.
(f)
Graduated sanctions.
(g)
Preparation or revision of conservation plan.
(h)
Noncommercial production of agricultural commodities.
3812a.
Development and implementation of conservation plans and conservation systems.
(a)
Technical requirements.
(b)
Measurement of erosion reduction.
(c)
Residue measurement.
(d)
Certification of compliance.
(e)
Technical assistance.
(f)
Encouragement of on-farm research.
3813.
Soil surveys.
3814.
Notice and investigation of possible compliance deficiencies.
(a)
In general.
(b)
Corrective action.
(c)
Review.

        

SUBCHAPTER III-WETLAND CONSERVATION

3821.
Program ineligibility.
(a)
Production on converted wetland.
(b)
Ineligibility for certain loans and payments.
(c)
Wetland conversion.
(d)
Prior loans.
3822.
Delineation of wetlands; exemptions.
(a)
Delineation by Secretary.
(b)
Exemptions.
(c)
On-site inspection requirement.
(d)
Identification of minimal effect exemptions.
(e)
Nonwetlands.
(f)
Minimal effect; mitigation.
(g)
Mitigation appeals.
(h)
Good faith exemption.
(i)
Restoration.
(j)
Determinations; restoration and mitigation plans; monitoring activities.
(k)
Mitigation banking program.
3823.
Affiliated persons.
3824.
Fairness of compliance.

        

SUBCHAPTER IV-AGRICULTURAL RESOURCES CONSERVATION PROGRAM

Part I-Environmental Conservation Acreage Reserve Program

subpart a-general provisions

3830.
Environmental Conservation Acreage Reserve Program.
(a)
Establishment.
(b)
Administration.
(c)
Conservation priority areas.
3830a.
Good faith reliance.
(a)
In general.
(b)
Types of relief.
(c)
Relation to other law.
(d)
Exception.
(e)
Applicability of relief.

        

subpart b-conservation reserve

3831.
Conservation reserve.
(a)
In general.
(b)
Eligible lands.
(c)
Certain land affected by secretarial action.
(d)
Maximum enrollment.
(e)
Duration of contract.
(f)
Conservation priority areas.
(g)
Multi-year grasses and legumes.
(h)
Pilot program for enrollment of wetland and buffer acreage in conservation reserve.
3832.
Duties of owners and operators.
(a)
Terms of contract.
(b)
Conversion plan provisions.
(c)
Environmental use.
(d)
Alley cropping.
(e)
Foreclosure.
3833.
Duties of Secretary.
3834.
Payments.
(a)
Time of cost-sharing and annual rental payments.
(b)
Federal percentage of cost sharing payments.
(c)
Annual rental payments; encouragement factor; method of determination; acceptance of contract offers.
(d)
Cash or in-kind payments.
(e)
Regulations: payments upon death, disability, or succession.
(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.
(g)
Contracts unaffected by certain Presidential orders.
(h)
Cost share assistance.
3835.
Contracts.
(a)
Ownership or operation requirement.
(b)
Sales or transfers; options.
(c)
Modification; waiver.
(d)
Termination; notice to Congressional Committees.
(e)
Termination by owner or operator.
3835a.
Conversion of land subject to contract to other conserving uses.
(a)
Conversion to trees.
(b)
Conversion to wetlands.
(c)
Limitation.
(d)
Condition of contract.
3836.
Base history.
(a)
Reductions.
(b)
Basis for participation in other Federal programs.
(c)
Extension of preservation of cropland base and allotment history.
(d)
Additional remedy for violations.
3836a.
Wildlife Habitat Incentive Program.
(a)
In general.
(b)
Cost-share payments.
(c)
Funding.

        

subpart c-wetlands reserve program

3837.
Wetlands reserve program.
(a)
Establishment.
(b)
Enrollment conditions.
(c)
Eligibility.
(d)
Other eligible land.
(e)
Ineligible land.
(f)
Termination of existing contract.
(g)
Easements.
3837a.
Easements and agreements.
(a)
In general.
(b)
Terms of easement.
(c)
Restoration plans.
(d)
Compatible uses.
(e)
Type and length of easement.
(f)
Compensation.
(g)
Violation.
(h)
Restoration cost-share agreements.
3837b.
Duties of owners.
3837c.
Duties of Secretary.
(a)
In general.
(b)
Cost-share and technical assistance.
(c)
Acceptability of offers.
(d)
Easement priority.
3837d.
Payments.
(a)
Time of payment.
(b)
Payments to others.
(c)
Payment limitation.
(d)
Exemption from automatic sequester.
3837e.
Changes in ownership; agreement modification; termination.
(a)
Limitations.
(b)
Modification; termination.
3837f.
Administration and funding.
(a)
Delegation of easement administration.
(b)
Regulations.

        

Part II-Agricultural Water Quality Incentives

3838 to 3838f. Repealed.

        

Part III-Environmental Easement Program

3839.
Environmental easement program.
(a)
Establishment.
(b)
Eligibility; termination.
3839a.
Duties of owners; components of plan.
(a)
Duties of owners.
(b)
Components of plan.
3839b.
Duties of Secretary.
3839c.
Payments.
(a)
Time of payment.
(b)
Cost sharing payments.
(c)
Easement payments; acceptability of offers.
(d)
Form of payment.
(e)
Payments to others.
(f)
Payment limitation.
(g)
Exemption from automatic sequester.
3839d.
Changes in ownership; modification of easement.
(a)
Limitations.
(b)
Modification; termination.

        

Part IV-Environmental Quality Incentives Program

3839aa.
Purposes.
3839aa–1.
Definitions.
3839aa–2.
Establishment and administration of environmental quality incentives program.
(a)
Establishment.
(b)
Application and term.
(c)
Structural practices.
(d)
Land management practices.
(e)
Cost-share payments, incentive payments, and technical assistance.
(f)
Modification or termination of contracts.
(g)
Non-Federal assistance.
3839aa–3.
Evaluation of offers and payments.
3839aa–4.
Duties of producers.
3839aa–5.
Environmental quality incentives program plan.
(a)
In general.
(b)
Avoidance of duplication.
3839aa–6.
Duties of Secretary.
3839aa–7.
Limitation on payments.
(a)
In general.
(b)
Exception to annual limit.
(c)
Timing of expenditures.
3839aa–8.
Temporary administration of environmental quality incentives program.
(a)
Interim administration.
(b)
Permanent administration.

        

Part V-Conservation Farm Option

3839bb.
Conservation farm option.
(a)
In general.
(b)
Eligible owners and producers.
(c)
Purposes.
(d)
Conservation farm plan.
(e)
Contracts.
(f)
Secretarial determinations.
(g)
Commodity Credit Corporation.
(h)
Funding.

        

SUBCHAPTER V-FUNDING AND ADMINISTRATION

3841.
Funding.
(a)
Mandatory expenses.
(b)
Environmental quality incentives program.
3842.
Use of other agencies.
(a)
Committees.
(b)
Other agencies.
3843.
Administration.
(a)
Plans.
(b)
Acreage limitation.
(c)
Tenant protection.
(d)
Provision of technical assistance by other sources.
(e)
Regulations.

        

SUBCHAPTER VI-STATE TECHNICAL COMMITTEES

3861.
Establishment.
(a)
In general.
(b)
Standards.
(c)
Composition.
3862.
Responsibilities.
(a)
In general.
(b)
Wetland and wildlife habitat protection guidelines.
(c)
Other duties.
(d)
Authority.
(e)
FACA requirements.

        

Chapter Referred to in Other Sections

This chapter is referred to in title 7 sections 1308–3, 1308–4, 1515, 6932, 6962, 7334.