§3843. Administration

(a) Plans

The Secretary shall, to the extent practicable, avoid duplication in-

(1) the conservation plans required for-

(A) highly erodible land conservation under subchapter II of this chapter;

(B) the conservation reserve program established under subpart B of part I of subchapter IV of this chapter; and

(C) the wetlands reserve program established under subpart C of part I of subchapter IV of this chapter; and

(2) the environmental quality incentives program established under part IV of subchapter IV of this chapter.

(b) Acreage limitation

(1) In general

The Secretary shall not enroll more than 25 percent of the cropland in any county in the programs administered under the conservation reserve and wetlands reserve programs established under subparts B and C, respectively, of part I of subchapter IV of this chapter. Not more than 10 percent of the cropland in a county may be subject to an easement acquired under the subparts.

(2) Exception

The Secretary may exceed the limitations in paragraph (1) if the Secretary determines that-

(A) the action would not adversely affect the local economy of a county; and

(B) operators in the county are having difficulties complying with conservation plans implemented under section 3812 of this title.

(3) Shelterbelts and windbreaks

The limitations established under this subsection shall not apply to cropland that is subject to an easement under part I or III of subchapter IV of this chapter that is used for the establishment of shelterbelts and windbreaks.

(c) Tenant protection

Except for a person who is a tenant on land that is subject to a conservation reserve contract that has been extended by the Secretary, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under the programs established under subchapters II through IV of this chapter.

(d) Provision of technical assistance by other sources

In the preparation and application of a conservation compliance plan under subchapter II of this chapter or similar plan required as a condition for assistance from the Department of Agriculture, the Secretary shall permit persons to secure technical assistance from approved sources, as determined by the Secretary, other than the Natural Resources Conservation Service. If the Secretary rejects a technical determination made by such a source, the basis of the Secretary's determination must be supported by documented evidence.

(e) Regulations

Not later than 90 days after April 4, 1996, the Secretary shall issue regulations to implement the conservation reserve and wetlands reserve programs established under part I of subchapter IV of this chapter.

(Pub. L. 99–198, title XII, §1243, as added Pub. L. 104–127, title III, §341, Apr. 4, 1996, 110 Stat. 1008 .)

Prior Provisions

Prior sections 3843 to 3845 were omitted in the general amendment of this subchapter by Pub. L. 104–127.

Section 3843, Pub. L. 99–198, title XII, §1243, Dec. 23, 1985, 99 Stat. 1515 ; Pub. L. 101–624, title XIV, §1442, Nov. 28, 1990, 104 Stat. 3602 , related to administration of this chapter.

Section 3844, Pub. L. 99–198, title XII, §1244, Dec. 23, 1985, 99 Stat. 1515 , related to issuance of regulations to carry out subchapters I to V of this chapter.

Section 3845, Pub. L. 99–198, title XII, §1245, Dec. 23, 1985, 99 Stat. 1516 ; Pub. L. 101–624, title XIV, §1443, Nov. 28, 1990, 104 Stat. 3602 ; Pub. L. 102–552, title V, §516(b)(1), Oct. 28, 1992, 106 Stat. 4137 , related to authorization of appropriations.

A prior section 3846, Pub. L. 99–198, title XII, §1246, as added Pub. L. 101–624, title XIV, §1444, Nov. 28, 1990, 104 Stat. 3602 , directed Secretary to report to Congress on erodible land and wetland conservation program, prior to repeal by Pub. L. 104–66, title I, §1011(a), Dec. 21, 1995, 109 Stat. 709 .

A prior section 3847, Pub. L. 99–198, title XII, §1247, as added Pub. L. 101–624, title XIV, §1445, Nov. 28, 1990, 104 Stat. 3603 ; amended Pub. L. 102–237, title II, §204(8), Dec. 13, 1991, 105 Stat. 1855 , which related to assistance for control of spread of weeds and pests, was omitted in the general amendment of this subchapter by Pub. L. 104–127.

Section Referred to in Other Sections

This section is referred to in section 3822 of this title.