§3831. Conservation reserve

(a) In general

Through the 2002 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 section 3812 of this title;

(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 2002 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 may maintain up to 36,400,000 acres in the conservation reserve at any one time during the 1986 through 2002 calendar years (including contracts extended by the Secretary pursuant to section 1437(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 16 U.S.C. 3831 note)).

(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 section 3835A of this title, the owner or operator of such land may, within the limitations prescribed under this section, specify the duration of the contract. The Secretary may, in the case of land that is devoted to hardwood trees under a contract entered into under this subpart prior to October 1, 1990, extend such contract for not to exceed 5 years, as agreed to by the owner or operator of such land and the Secretary.

(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.

(h) Pilot program for enrollment of wetland and buffer acreage in conservation reserve

(1) In general

During the 2001 and 2002 calendar years, the Secretary shall carry out a pilot program in the States of Iowa, Minnesota, Montana, Nebraska, North Dakota, and South Dakota under which the Secretary shall include eligible acreage described in paragraph (3) in the program established under this subpart.

(2) Participation among States

The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each of the States referred to in paragraph (1) have an equitable opportunity to participate in the pilot program established under this subsection.

(3) Eligible acreage

(A) In general

Subject to subparagraphs (B) through (D), an owner or operator may enroll in the conservation reserve under this subsection-

(i) a wetland (including a converted wetland described in section 3822(b)(1)(A) of this title) that was cropped during at least three of the immediately preceding 10 crop years; and

(ii) buffer acreage that-

(I) is contiguous to the wetland described in clause (i);

(II) is used to protect the wetland; and

(III) is of such width as the Secretary determines is necessary to protect the wetland, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds the wetland.

(B) Exclusions

An owner or operator may not enroll in the conservation reserve under this subsection-

(i) any wetland, or land on a floodplain, that is, or is adjacent to, a perennial riverine system wetland identified on the final national wetland inventory map of the Secretary of the Interior; or

(ii) in the case of an area that is not covered by the final national inventory map, any wetland, or land on a floodplain, that is adjacent to a perennial stream identified on a 1–24,000 scale map of the United States Geological Survey.

(C) Program limitations

(i) In general

The Secretary may enroll in the conservation reserve under this subsection-

(I) not more than 500,000 acres in all States referred to in paragraph (1); and

(II) not more than 150,000 acres in any one State referred to in paragraph (1).

(ii) Relationship to program maximum

Subject to clause (iii), for the purposes of subsection (d) of this section, any acreage enrolled in the conservation reserve under this subsection shall be considered acres maintained in the conservation reserve.

(iii) Relationship to other enrolled acreage

Acreage enrolled under this subsection shall not affect for any fiscal year the quantity of-

(I) acreage enrolled to establish conservation buffers as part of the program announced on March 24, 1998 (63 Fed. Reg. 14109); or

(II) acreage enrolled into the conservation reserve enhancement program announced on May 27, 1998 (63 Fed. Reg. 28965).

(D) Owner or operator limitations

(i) Wetland

The maximum size of any wetland described in subparagraph (A)(i) of an owner or operator enrolled in the conservation reserve under this subsection shall be 5 contiguous acres.

(ii) Buffer acreage

The maximum size of any buffer acreage described in subparagraph (A)(ii) of an owner or operator enrolled in the conservation reserve under this subsection shall be the greater of-

(I) three times the size of any wetland described in subparagraph (A)(i) to which the buffer acreage is contiguous; or

(II) 150 feet on either side of the wetland.

(iii) Tracts

The maximum size of any eligible acreage described in subparagraph (A) in a tract (as determined by the Secretary) of an owner or operator enrolled in the conservation reserve under this subsection shall be 40 acres.

(4) Duties of owners and operators

Under a contract entered into under this subsection, during the term of the contract, an owner or operator of a farm or ranch must agree-

(A) to restore the hydrology of the wetland within the eligible acreage to the maximum extent practicable, as determined by the Secretary;

(B) to establish vegetative cover on the eligible acreage, as determined by the Secretary; and

(C) to carry out other duties described in section 3832 of this title.

(5) Duties of the Secretary

(A) In general

Except as provided in subparagraphs (B) and (C), in return for a contract entered into by an owner or operator under this subsection, the Secretary shall make payments and provide assistance to the owner or operator in accordance with sections 3833 and 3834 of this title.

(B) Continuous signup

The Secretary shall use continuous signup under section 3834(c)(2)(B) of this title to determine the acceptability of contract offers and the amount of rental payments under this subsection.

(C) Incentives

The amounts payable to owners and operators in the form of rental payments under contracts entered into under this subsection shall reflect incentives that are provided to owners and operators to enroll filterstrips in the conservation reserve under section 3834 of this title.

( Pub. L. 99–198, title XII, §1231, Dec. 23, 1985, 99 Stat. 1509 ; Pub. L. 99–500, §101(a) [title VI, §643], Oct. 18, 1986, 100 Stat. 1783 , 1783-36, and Pub. L. 99–591, §101(a) [title VI, §643], Oct. 30, 1986, 100 Stat. 3341 , 3341-36; Pub. L. 99–641, title II, §205, Nov. 10, 1986, 100 Stat. 3563 ; Pub. L. 101–624, title XIV, §§1432(2), 1447(a), Nov. 28, 1990, 104 Stat. 3577 , 3605; Pub. L. 102–324, §1(a), July 22, 1992, 106 Stat. 447 ; Pub. L. 103–66, title I, §1402(b), Aug. 10, 1993, 107 Stat. 332 ; Pub. L. 104–127, title III, §332(a)(1), (b), Apr. 4, 1996, 110 Stat. 994 ; Pub. L. 106–387, §1(a) [title XI, §1102(a)], Oct. 28, 2000, 114 Stat. 1549 , 1549A-75.)

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments

2000-Subsec. (h). Pub. L. 106–387 added subsec. (h).

1996-Subsecs. (a), (b)(3). Pub. L. 104–127, §332(a)(1), substituted "2002" for "1995".

Subsec. (d). Pub. L. 104–127, §332(b), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: "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."

1993-Subsec. (d). Pub. L. 103–66 in first sentence substituted "shall" for "may" after "The Secretary" and "a total of 38,000,000 acres during the 1986 through 1995 calendar years" for "the amount of acres specified in section 3830(b) of this title" and in second sentence substituted "the 1995 calendar year" for "each of calendar years 1994 and 1995".

1992-Subsec. (b)(4)(C). Pub. L. 102–324 struck out ", and made subject to an easement for the useful life of," after "will be devoted to".

1990-Pub. L. 101–624, §1432(2), amended section generally, adding subsecs. (b), (c), (d), (e)(2), and (f), amending subsec. (a) by extending applicability of provisions from 1990 through 1995 and substituting reference to lands specified in subsec. (b) for reference to highly erodible cropland, redesignating subsec. (e) as subsec. (e)(1), and redesignating subsec. (f) as (g).

Pub. L. 101–624, §1447(a), substituted "this subpart" for "this subchapter" wherever appearing in this section as it existed prior to enactment of Pub. L. 101–624.

1986-Subsec. (f). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–641 made substantially identical amendments adding subsec. (f).

Regulations

Pub. L. 106–387, §1(a) [title XI, §1105], Oct. 28, 2000, 114 Stat. 1549 , 1549A-78, provided that:

"(a) In General.-As soon as practicable after the date of enactment of this Act [Oct. 28, 2000], the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by this Act [probably means 'this title', amending this section and section 3832 of this title].

"(b) Procedure.-The promulgation of the regulations and administration of the amendments made by this Act shall be made without regard to-

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

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

"(3) chapter 35 of title 44, United States Code (commonly known as the 'Paperwork Reduction Act').

"(c) Congressional Review of Agency Rulemaking.-In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code."

Study of Impact of Pilot Program

Pub. L. 106–387, §1(a) [title XI, §1104], Oct. 28, 2000, 114 Stat. 1549 , 1549A-78, provided that:

"(a) In General.-The Secretary of Agriculture shall conduct a study of the impact of the pilot program established under section 1231(h) of the Food Security Act of 1985 (16 U.S.C. 3831(h)) (as added by section 1102(a)) on-

"(1) enrollment of owners and operators in-

"(A) the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of that Act (16 U.S.C. 3831 et seq.);

"(B) the wetlands reserve program established under subchapter C of chapter 1 of subtitle D of title XII of that Act (16 U.S.C. 3837 et seq.); and

"(C) other Federal and State conservation programs;

"(2) types of environmentally sensitive acreage that have not been enrolled in the wetlands reserve program; and

"(3) conservation of soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat.

"(b) Reports.-Not later than March 1, 2003, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study."

Study of Land Use for Expiring Contracts and Extension of Authority

Section 1437 of Pub. L. 101–624 provided that:

"(a) In General.-The Secretary of Agriculture shall conduct a study of cropland subject to expiring conservation reserve contracts entered into prior to the date of enactment of this Act [Nov. 28, 1990] under subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.). Such study shall include the consideration of-

"(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) Report.-Not later than December 31, 1993, the Secretary of Agriculture shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report concerning the results of the study conducted under subsection (a) and recommendations concerning the treatment of lands subject to expiring contracts under subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C. 3831 et seq.], proposed legislation addressing the treatment of such lands, and the projected cost of such treatment.

"(c) Extensions.-During the 1996 through 2000 calendar years, the Secretary of Agriculture may-

"(1) extend up to 10 years contracts entered into under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831) [16 U.S.C. 3831 et seq.] prior to the date of enactment of this Act [Nov. 28, 1990]; or

"(2) purchase long-term or permanent easements as provided for in chapter 3 [16 U.S.C. 3839 et seq.];

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

Pub. L. 99–263, Mar. 24, 1986, 100 Stat. 59 , provided: "That the conservation reserve program shall not replace or reduce any existing conservation program."

Section Referred to in Other Sections

This section is referred to in sections 3832, 3837, 3839 of this title; title 7 sections 7211, 7212.