Part I—Environmental Conservation Acreage Reserve Program

Part Referred to in Other Sections

This part is referred to in sections 3839aa–2, 3843 of this title.

subpart a—general provisions

§3830. Environmental conservation acreage reserve program

(a) Establishment

(1) In general

During the 1996 through 2002 calendar years, the Secretary shall establish an environmental conservation acreage reserve program (referred to in this section as "ECARP") to be implemented through contracts and the acquisition of easements to assist owners and operators of farms and ranches to conserve and enhance soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat.

(2) Means

The Secretary shall carry out the ECARP by—

(A) providing for the long-term protection of environmentally sensitive land; and

(B) providing technical and financial assistance to farmers and ranchers to—

(i) improve the management and operation of the farms and ranches; and

(ii) reconcile productivity and profitability with protection and enhancement of the environment.

(3) Programs

The ECARP shall consist of—

(A) the conservation reserve program established under subpart B;

(B) the wetlands reserve program established under subpart C; and

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

(b) Administration

(1) In general

In carrying out the ECARP, the Secretary shall enter into contracts with owners and operators and acquire interests in land through easements from owners, as provided in this part and part IV of this subchapter.

(2) Prior enrollments

Acreage enrolled in the conservation reserve or wetlands reserve program prior to April 4, 1996, shall be considered to be placed into the ECARP.

(c) Conservation priority areas

(1) Designation

The Secretary may designate watersheds, multistate areas, or regions of special environmental sensitivity as conservation priority areas that are eligible for enhanced assistance under this part and part IV of this subchapter.

(2) Assistance

The Secretary may designate areas as conservation priority areas to assist, to the maximum extent practicable, agricultural producers within the conservation priority areas to comply with nonpoint source pollution requirements under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and other Federal and State environmental laws and to meet other conservation needs.

(3) Producers

The Secretary may provide technical assistance, cost-share payments, and incentive payments to producers in a conservation priority area under this part and part IV of this subchapter based on—

(A) the significance of the soil, water, wildlife habitat, and related natural resource problems in a watershed, multistate area, or region; and

(B) the structural practices or land management practices that best address the problems, and that maximize environmental benefits for each dollar expended, as determined by the Secretary.

(Pub. L. 99–198, title XII, §1230, as added Pub. L. 101–624, title XIV, §1431(2), Nov. 28, 1990, 104 Stat. 3576; amended Pub. L. 103–66, title I, §1402(a), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104–127, title III, §331, Apr. 4, 1996, 110 Stat. 992.)

References in Text

The Federal Water Pollution Control Act, referred to in subsec. (c)(2), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

Amendments

1996—Pub. L. 104–127 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) requiring Secretary to establish and implement an Environmental Conservation Acreage Reserve Program during 1991 through 1995 calendar years.

1993—Subsec. (b). Pub. L. 103–66 struck out before period at end "to place in the Environmental Conservation Acreage Reserve Program during the 1986 through 1995 calendar years a total of not less than 40,000,000 nor more than 45,000,000 acres".

Conservation Assistance

Pub. L. 106–224, title II, §211, June 20, 2000, 114 Stat. 406, provided that:

"(a) Farmland Protection.—For the purposes described in section 388 of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3830 note; Public Law 104–127), the Secretary shall use $10,000,000 of funds of the Commodity Credit Corporation to make payments to—

"(1) any agency of any State or local government, or federally recognized Indian tribe, including farmland protection boards and land resource councils established under State law; and

"(2) any organization that—

"(A) is organized for, and at all times since the formation of the organization has been operated principally for, one or more of the conservation purposes specified in clause (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal Revenue Code of 1986 [26 U.S.C. 170(h)(4)(A)(i)–(iii)];

"(B) is an organization described in section 501(c)(3) of that Code [26 U.S.C. 501(c)(3)] that is exempt from taxation under section 501(a) of that Code;

"(C) is described in section 509(a)(2) of that Code [26 U.S.C. 509(a)(2)]; or

"(D) is described in section 509(a)(3) of that Code and is controlled by an organization described in section 509(a)(2) of that Code.

"(b) Soil and Water Conservation Assistance.—

"(1) Establishment.—The Secretary shall use $40,000,000 of funds of the Commodity Credit Corporation to provide financial assistance to farmers and ranchers to—

"(A) address threats to soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat;

"(B) comply with Federal and State environmental laws; and

"(C) make beneficial, cost-effective changes to cropping systems, grazing management, manure, nutrient, pest, or irrigation management, land uses, or other measures needed to conserve and improve soil, water, and related natural resources.

"(2) Type of assistance.—Assistance under this subsection may be made in the form of cost share payments or incentive payments, as determined by the Secretary.

"(3) Areas.—The Secretary shall provide assistance under this subsection to areas that are not designated under section 1230(c) of the Food Security Act of 1985 (16 U.S.C. 3830(c))."

Farmland Protection Program

Section 388 of Pub. L. 104–127 provided that:

"(a) In General.—The Secretary of Agriculture shall establish and carry out a farmland protection program under which the Secretary shall purchase conservation easements or other interests in not less than 170,000, nor more than 340,000, acres of land with prime, unique, or other productive soil that is subject to a pending offer from a State or local government for the purpose of protecting topsoil by limiting nonagricultural uses of the land.

"(b) Conservation Plan.—Any highly erodible cropland for which a conservation easement or other interest is purchased under this section shall be subject to the requirements of a conservation plan that requires, at the option of the Secretary, the conversion of the cropland to less intensive uses.

"(c) Funding.—The Secretary shall use not more than $35,000,000 of the funds of the Commodity Credit Corporation to carry out this section."

Section Referred to in Other Sections

This section is referred to in section 3839aa–3 of this title.

§3830a. Good faith reliance

(a) In general

Except as provided in subsection (d) of this section and notwithstanding any other provision of this part, the Secretary shall provide equitable relief to an owner or operator that has entered into a contract under this part, and that is subsequently determined to be in violation of the contract, if the owner or operator in attempting to comply with the terms of the contract and enrollment requirements took actions in good faith reliance on the action or advice of an authorized representative of the Secretary.

(b) Types of relief

The Secretary shall—

(1) to the extent the Secretary determines that an owner or operator has been injured by good faith reliance described in subsection (a) of this section, allow the owner or operator to do any one or more of the following—

(A) to retain payments received under the contract;

(B) to continue to receive payments under the contract;

(C) to keep all or part of the land covered by the contract enrolled in the applicable program under this part;

(D) to reenroll all or part of the land covered by the contract in the applicable program under this part; or

(E) or ¹ any other equitable relief the Secretary deems appropriate; and

(2) require the owner or operator to take such actions as are necessary to remedy any failure to comply with the contract.

(c) Relation to other law

The authority to provide relief under this section shall be in addition to any other authority provided in this or any other Act.

(d) Exception

This section shall not apply to a pattern of conduct in which an authorized representative of the Secretary takes actions or provides advice with respect to an owner or operator that the representative and the owner or operator know are inconsistent with applicable law (including regulations).

(e) Applicability of relief

Relief under this section shall be available for contracts in effect on January 1, 2000 and for all subsequent contracts.

(Pub. L. 99–198, title XII, §1230A, as added Pub. L. 106–387, §1(a) [title VII, §755], Oct. 28, 2000, 114 Stat. 1549, 1549A-42.)

References in Text

This Act, referred to in subsec. (c), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, as amended, known as the Food Security Act of 1985. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.

¹ So in original.

subpart b—conservation reserve

Subpart Referred to in Other Sections

This subpart is referred to in sections 3812, 3830, 3836a, 3837, 3839bb, 3841, 3843 of this title; title 7 sections 6932, 6962.

§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.

§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—

(A) such water cover shall not include ponds for the purpose of watering livestock, irrigating crops, or raising fish for commercial purposes; and

(B) the Secretary shall not terminate the contract for failure to establish approved vegetative or water cover on the land if—

(i) the failure to plant such cover was due to excessive rainfall or flooding;

(ii) the land subject to the contract that could practicably be planted to such cover is planted to such cover; and

(iii) the land on which the owner or operator was unable to plant such cover is planted to such cover after the wet conditions that prevented the planting subsides;

(5) in addition to the remedies provided under section 3836(d) of this title, on the violation of a term or condition of the contract at any time the owner or operator has control of such land—

(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—

(A) may permit—

(i) 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

(ii) 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—

(I) in the case of land other than eligible acreage enrolled under section 3831(h) of this title, during the 7-month period in which grazing of conserving use acreage is allowed in a State under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) or after the producer harvests the grain crop of the surrounding field for a reduction in rental payment commensurate with the limited economic value of such incidental grazing; and

(II) in the case of eligible acreage enrolled under section 3831(h) of this title, at any time other than during the period beginning May 1 and ending August 1 of each year for a reduction in rental payment commensurate with the limited economic value of such incidental grazing; and

(B) shall approve not more than six projects, no more than one of which may be in any State, under which land subject to the contract may be harvested for recovery of biomass used in energy production if—

(i) no acreage subject to the contract is harvested more than once every other year;

(ii) not more than 25 percent of the total acreage enrolled in the program under this subpart in any crop reporting district (as designated by the Secretary), is harvested in any 1 year;

(iii) no portion of the crop is used for any commercial purpose other than energy production from biomass;

(iv) no wetland, or acreage of any type enrolled in a partial field conservation practice (including riparian forest buffers, filter strips, and buffer strips), is harvested;

(v) the owner or operator agrees to a payment reduction under this section in an amount determined by the Secretary.

(C) the total acres for all of the projects shall not exceed 250,000 acres.

(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.

(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 2002 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.

(Pub. L. 99–198, title XII, §1232, Dec. 23, 1985, 99 Stat. 1509; Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1919; Pub. L. 101–624, title XIV, §§1433, 1447(a), Nov. 28, 1990, 104 Stat. 3579, 3605; Pub. L. 102–237, title II, §204(5), Dec. 13, 1991, 105 Stat. 1855; Pub. L. 102–552, title V, §516(a), Oct. 28, 1992, 106 Stat. 4136; Pub. L. 104–127, title III, §332(a)(2), Apr. 4, 1996, 110 Stat. 994; Pub. L. 106–78, title VII, §§763, 769, Oct. 22, 1999, 113 Stat. 1173, 1174; Pub. L. 106–387, §1(a) [title VIII, §817, title XI, §1103], Oct. 28, 2000, 114 Stat. 1549, 1549A-58, 1549A-77.)

References in Text

The Agricultural Act of 1949, referred to in subsec. (a)(7), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified principally to chapter 35A (§1421 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables.

Codification

Pub. L. 101–512 and Pub. L. 101–624 were approved by the President after Congress adjourned and in reverse order of passage by Congress. Accordingly, the amendments made by Pub. L. 101–624 were executed to text prior to the amendment made by Pub. L. 101–512 to reflect the probable intent of Congress.

Amendments

2000—Subsec. (a)(4). Pub. L. 106–387, §1(a) [title VIII, §817], substituted "except that—" for "except that", inserted "(A)" before "such water", inserted "and" at end, and added subpar. (B).

Subsec. (a)(7)(A)(ii). Pub. L. 106–387, §1(a) [title XI, §1103], substituted "occurs—" for "occurs during", inserted "(I) in the case of land other than eligible acreage enrolled under section 3831(h) of this title, during" before "the 7-month period", and added subcl. (II).

1999—Subsec. (a)(7). Pub. L. 106–78, §769, designated portion of existing provisions as subpar. (A) and cls. (i) and (ii), and added subpar. (B).

Subsec. (a)(9) to (11). Pub. L. 106–78, §763, inserted "and" at end of par. (9), substituted a period for "; and" at end of par. (10), and struck out par. (11) which read as follows: "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 section 3843(f) of this title—

"(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)."

1996—Subsec. (c). Pub. L. 104–127 substituted "2002" for "1995".

1992—Subsec. (a)(6). Pub. L. 102–552 made technical correction to directory language of Pub. L. 101–512. See 1991 Amendment note below.

1991—Subsec. (a)(6). Pub. L. 102–237, §204(5)(A), struck out extra semicolon after "determined by the Secretary;".

Subsec. (a)(7). Pub. L. 102–237, §204(5)(B), struck out "fall and winter" after "Secretary may permit limited" and substituted "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 (7 U.S.C. 1421 et seq.) or after the producer harvests the grain crop of the surrounding field for a reduction in rental payment commensurate with the limited economic value of such incidental grazing" for "for an applicable reduction in rental payment".

1990—Subsec. (a). Pub. L. 101–624, §1447(a), substituted reference to this subpart for reference to this subchapter wherever appearing.

Subsec. (a)(1). Pub. L. 101–624, §1433(a)(1), substituted "eligible lands" for "highly erodible cropland".

Subsec. (a)(4). Pub. L. 101–624, §1433(a)(2), inserted ", or water cover for the enhancement of wildlife," after "cover" and ", except that such water cover shall not include ponds for the purpose of watering livestock, irrigating crops, or raising fish for commercial purposes" after "land".

Subsec. (a)(5). Pub. L. 101–624, §1433(a)(3), inserted reference to remedies under section 3836(d) of this title.

Subsec. (a)(6). Pub. L. 101–624, §1433(a)(4), inserted before semicolon at end ", 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;". See Codification note above.

Pub. L. 101–512, as amended by Pub. L. 102–552, inserted at end "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;". See Codification note above.

Subsec. (a)(7). Pub. L. 101–624, §1433(a)(5), inserted before semicolon at end ", and the Secretary may permit limited fall and winter grazing on such land where such grazing is incidental to the gleaning of crop residues on the fields in which such land is located for an applicable reduction in rental payment".

Subsec. (a)(11). Pub. L. 101–624, §1433(a)(6)–(8), added par. (11).

Subsec. (c). Pub. L. 101–624, §1433(b), added subsec. (c) and struck out former subsec. (c) which read as follows: "To the extent practicable, not less than one eighth of the number of acres of land that is placed in the conservation reserve under this subpart in each of the 1986 through 1990 crop years shall be devoted to trees."

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

Subsecs. (d), (e). Pub. L. 101–624, §1433(b), added subsecs. (d) and (e).

Section Referred to in Other Sections

This section is referred to in sections 3831, 3833 of this title.

§3833. Duties of Secretary

In return for a contract entered into by an owner or operator under section 3832 of this title, the Secretary shall—

(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.

(Pub. L. 99–198, title XII, §1233, Dec. 23, 1985, 99 Stat. 1511.)

Section Referred to in Other Sections

This section is referred to in section 3831 of this title.

§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 section 3835a of this title, the Secretary, in making cost share payments to an owner or operator of such land, shall pay 50 percent of the reasonable and necessary costs, as determined by the Secretary, incurred by such owner or operator for maintaining such plantings that are trees or shrubs, including the cost of replanting (if the trees or shrubs were lost due to conditions beyond the control of the owner or operator), during not less than the 2-year, and not more than the 4-year, period beginning on the date of such plantings, as determined appropriate by the Secretary.

(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 section 1307 of this title, shall be used to determine whether corporations and their stockholders may be considered as separate persons under this subsection.

(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 (7 U.S.C. 1421 et seq.).

(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 section 902 of title 2 shall affect any payment under any contract entered into at any time that is subject to this subpart, including contracts entered into prior to November 28, 1990.

(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.

(Pub. L. 99–198, title XII, §1234, Dec. 23, 1985, 99 Stat. 1511; Pub. L. 100–387, title III, §322, Aug. 11, 1988, 102 Stat. 950; Pub. L. 101–624, title XIV, §§1434, 1447(a), Nov. 28, 1990, 104 Stat. 3581, 3605.)

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 Pub. L. 101–624, which generally amended subsec. (b) of this section, to reflect the probable intent of Congress.

This Act, referred to in subsec. (f)(3), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, as amended, known as the Food Security Act of 1985. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.

The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (f)(3), is Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3359, as amended. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 1421 of Title 7 and Tables.

The Agricultural Act of 1949, referred to in subsec. (f)(3), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified principally to chapter 35A (§1421 et seq.) of Title 7. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables.

Section 1305(d) of the Agricultural Reconciliation Act of 1987, referred to in subsec. (f)(4), is section 1305(d) of Pub. L. 100–203, which is set out as a note under section 1308 of Title 7.

Amendments

1990—Subsec. (a). Pub. L. 101–624, §1447(a), substituted reference to this subpart for reference to this subchapter.

Subsec. (b). Pub. L. 101–624, §1434(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "In making cost sharing payments to owners and operators under contracts entered into under this subpart, the Secretary shall pay 50 percent of the cost of establishing conservation measures and practices set forth in such contracts for which the Secretary determines that cost-sharing is appropriate and in the public interest."

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

Subsec. (c)(1), (2). Pub. L. 101–624, §1447(a), substituted reference to this subpart for reference to this subchapter.

Subsec. (c)(3). Pub. L. 101–624, §1434(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "In determining the acceptability of contract offers, the Secretary may—

"(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). Pub. L. 101–624, §1434(b)(2), added par. (4).

Subsec. (d)(1). Pub. L. 101–624, §1447(a), substituted reference to this subpart for reference to this subchapter.

Subsec. (d)(4). Pub. L. 101–624, §1434(c), added par. (4).

Subsec. (e). Pub. L. 101–624, §1447(a), substituted reference to this subpart for reference to this subchapter.

Subsec. (f). Pub. L. 101–624, §1447(a), substituted reference to this subpart for reference to this subchapter wherever appearing.

Subsec. (f)(3). Pub. L. 101–624, §1434(d), inserted reference to Food, Agriculture, Conservation, and Trade Act of 1990.

Subsecs. (g), (h). Pub. L. 101–624, §1434(e), added subsecs. (g) and (h).

1988—Subsec. (f)(4). Pub. L. 100–387 added par. (4).

Effective Date of 1988 Amendment

Section 322 of Pub. L. 100–387 provided that the amendment made by that section is effective beginning with the 1988 crop year.

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 Pub. L. 100–203, set out as a note under section 1308 of Title 7, Agriculture.

Section Referred to in Other Sections

This section is referred to in sections 3801, 3831 of this title.

§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 1-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 1 year 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.

(e) Termination by owner or operator

(1) Early termination authorized

Subject to the other provisions of this subsection, the Secretary shall allow a participant who entered into a contract before January 1, 1995, to terminate the contract at any time if the contract has been in effect for at least 5 years. The termination shall not relieve the participant of liability for a contract violation occurring before the date of the termination. The participant shall provide the Secretary with reasonable notice of the participant's desire to terminate the contract.

(2) Certain lands excepted

The following lands shall not be subject to an early termination of contract under this subsection:

(A) Filterstrips, waterways, strips adjacent to riparian areas, windbreaks, and shelterbelts.

(B) Land with an erodibility index of more than 15.

(C) Other lands of high environmental value (including wetlands), as determined by the Secretary.

(3) Effective date

The contract termination shall become effective 60 days after the date on which the owner or operator submits the notice required under paragraph (1).

(4) Prorated rental payment

If a contract entered into under this subpart is terminated under this subsection before the end of the fiscal year for which a rental payment is due, the Secretary shall provide a prorated rental payment covering the portion of the fiscal year during which the contract was in effect.

(5) Renewed enrollment

The termination of a contract entered into under this subpart shall not affect the ability of the owner or operator who requested the termination to submit a subsequent bid to enroll the land that was subject to the contract into the conservation reserve.

(6) Conservation requirements

If land that was subject to a contract is returned to production of an agricultural commodity, the conservation requirements under subchapters II and III of this chapter shall apply to the use of the land to the extent that the requirements are similar to those requirements imposed on other similar lands in the area, except that the requirements may not be more onerous than the requirements imposed on other lands.

(Pub. L. 99–198, title XII, §1235, Dec. 23, 1985, 99 Stat. 1513; Pub. L. 100–233, title VIII, §801, Jan. 6, 1988, 101 Stat. 1710; Pub. L. 101–624, title XIV, §1447(a), Nov. 28, 1990, 104 Stat. 3605; Pub. L. 104–127, title III, §332(c), Apr. 4, 1996, 110 Stat. 994.)

Amendments

1996—Subsec. (a)(1). Pub. L. 104–127, §332(c)(1)(A), substituted "1-year" for "3-year" in introductory provisions.

Subsec. (a)(2)(B)(i). Pub. L. 104–127, §332(c)(1)(B), substituted "1 year" for "3 years".

Subsec. (e). Pub. L. 104–127, §332(c)(2), added subsec. (e).

1990—Pub. L. 101–624, §1447(a), substituted reference to this subpart for reference to this subchapter wherever appearing.

1988—Subsec. (a)(1)(D). Pub. L. 100–233 added subpar. (D).

Conservation Reserve

Pub. L. 100–45, §10, May 27, 1987, 101 Stat. 323, provided that: "Section 1235(a) of the Food Security Act of 1985 [16 U.S.C. 3835(a)] should be reviewed by the Secretary of Agriculture to ensure that the provisions thereof relating to exceptions to the three-year ownership requirement with respect to eligibility for the conservation reserve are being implemented in a manner to encourage inclusion of producer-owned land in the conservation reserve. However, any such exception to the three-year requirement should be made only if the Secretary determines that the land involved (1) was not acquired for the purpose of placing the land in the conservation reserve or (2) otherwise meets the criteria for exceptions made under section 1235(a)."

§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 section 2103a of this title.

(Pub. L. 99–198, title XII, §1235A, as added Pub. L. 101–624, title XIV, §1435, Nov. 28, 1990, 104 Stat. 3582; amended Pub. L. 102–324, §1(b), July 22, 1992, 106 Stat. 447.)

Amendments

1992—Subsec. (a)(2). Pub. L. 102–324 added subpar. (A), redesignated subpar. (C) as (B), and struck out former subpars. (A) and (B). Prior to amendment, subpars. (A) and (B) read as follows:

"(A) Extension of contract.—With respect to any contract on land to be devoted to hardwood trees, windbreaks, shelterbelts, or wildlife corridors under this section, if the original term of such contract was less than 15 years, the owner or operator may extend such contract to a term of not to exceed 15 years.

"(B) Easements.—If such areas are converted to windbreaks, shelterbelts, or wildlife corridors under this section, the owner of such land shall enter into an agreement to provide a conservation easement to the Secretary for the useful life of such plantings."

Section Referred to in Other Sections

This section is referred to in sections 3831, 3834 of this title.

§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 sections 3811 and 3821 of this title, the Secretary, by appropriate regulation, may provide for preservation of cropland base and allotment history applicable to acreage converted from the production of agricultural commodities under this section, for the purpose of any Federal program under which the history is used as a basis for participation in the program or for an allotment or other limitation in the program, unless the owner and operator agree under the contract to retire permanently that cropland base and allotment history.

(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.

(Pub. L. 99–198, title XII, §1236, Dec. 23, 1985, 99 Stat. 1514; Pub. L. 101–624, title XIV, §§1436, 1447(a), Nov. 28, 1990, 104 Stat. 3583, 3605.)

Amendments

1990—Subsec. (a). Pub. L. 101–624, §1447(a), substituted reference to this subpart for reference to this subchapter.

Subsecs. (c), (d). Pub. L. 101–624, §1436, added subsecs. (c) and (d).

Section Referred to in Other Sections

This section is referred to in section 3832 of this title.

§3836a. Wildlife Habitat Incentive Program

(a) In general

The Secretary of Agriculture, in consultation with the State technical committees established under section 1261 of the Food Security Act of 1985 (16 U.S.C. 3861), shall establish a program under the Natural Resources Conservation Service to be known as the "Wildlife Habitat Incentive Program".

(b) Cost-share payments

Under the program, the Secretary shall make cost-share payments to landowners to develop upland wildlife, wetland wildlife, threatened and endangered species, fish, and other types of wildlife habitat approved by the Secretary.

(c) Funding

To carry out this section, a total of $50,000,000 shall be made available for fiscal years 1996 through 2002 from funds made available to carry out subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).

(Pub. L. 104–127, title III, §387, Apr. 4, 1996, 110 Stat. 1020.)

References in Text

The Food Security Act of 1985, referred to in subsec. (c), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, as amended. Subchapter B of chapter 1 of subtitle D of title XII of the Act is classified generally to subpart B (§3831 et seq.) of part I of subchapter IV of this chapter. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.

Codification

Section was enacted as part of the Federal Agriculture Improvement and Reform Act of 1996, and not as part of title XII of the Food Security Act of 1985 which comprises this chapter.

subpart c—wetlands reserve program

Subpart Referred to in Other Sections

This subpart is referred to in sections 3830, 3835a, 3839bb, 3841, 3843 of this title; title 7 section 6962.

§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) Enrollment conditions

(1) Maximum enrollment

The total number of acres enrolled in the wetlands reserve program shall not exceed 975,000 acres.

(2) Methods of enrollment

(A) In general

Subject to subparagraph (B), effective beginning October 1, 1996, to the maximum extent practicable, the Secretary shall enroll into the wetlands reserve program—

(i) 1/3 of the acres through the use of permanent easements;

(ii) 1/3 of the acres through the use of 30-year easements; and

(iii) 1/3 of the acres through the use of restoration cost-share agreements.

(B) Temporary easements

Effective beginning October 1, 1996, the Secretary shall not enroll acres in the wetlands reserve program through the use of new permanent easements until the Secretary has enrolled at least 75,000 acres in the program through the use of temporary easements.

(C) Construction

For purposes of subparagraph (A), to the maximum extent practicable should be interpreted to mean that acceptance of wetlands reserve program bids may be in proportion to landowner interest expressed in program options.

(c) Eligibility

For purposes of enrolling land in the wetland reserve established under this subpart during the 1991 through 2002 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 maximizes wildlife benefits and wetland values and functions;

(2) 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

(3) 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, land that maximizes wildlife benefits and that is—

(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; or

(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; Pub. L. 104–127, title III, §333(a)–(c), Apr. 4, 1996, 110 Stat. 995; Pub. L. 105–277, div. A, §101(a) [title VII, §752], Oct. 21, 1998, 112 Stat. 2681, 2681-32.)

Amendments

1998—Subsec. (b)(2)(C). Pub. L. 105–277 added subpar. (C).

1996—Subsec. (b). Pub. L. 104–127, §333(a), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "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."

Subsec. (c). Pub. L. 104–127, §333(b), substituted "2002" for "2000" in introductory provisions, added par. (1), and redesignated former pars. (1) and (2) as (2) and (3), respectively.

Subsec. (d). Pub. L. 104–127, §333(c), in introductory provisions, inserted ", land that maximizes wildlife benefits and that is" after "subsection (c) of this section" and, in par. (2), substituted "or" for "and" at end.

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.

Effect of 1996 Amendments on Existing Agreements

Section 333(f) of Pub. L. 104–127 provided that: "The amendments made by this section [amending this section and sections 3837a and 3837c of this title] shall not affect the validity or terms of any agreements entered into by the Secretary of Agriculture under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.) before the date of enactment of this Act [Apr. 4, 1996] or any payments required to be made in connection with the agreements."

§3837a. Easements and agreements

(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

The development of a restoration plan, including any compatible use, under this section shall be made through the local Natural Resources Conservation Service representative, in consultation with the State technical committee.

(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 30, annual payments of equal or unequal size, as agreed to 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.

(h) Restoration cost-share agreements

The Secretary may enroll land into the wetlands reserve program through an agreement that requires the landowner to restore wetlands on the land, if the agreement does not provide the Secretary with an easement.

(Pub. L. 99–198, title XII, §1237A, as added Pub. L. 101–624, title XIV, §1438, Nov. 28, 1990, 104 Stat. 3585; amended Pub. L. 104–127, title III, §333(d), Apr. 4, 1996, 110 Stat. 996.)

Amendments

1996—Pub. L. 104–127, §333(d)(1), inserted "and agreements" after "Easements" in section catchline.

Subsec. (c). Pub. L. 104–127, §333(d)(2), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows:

"(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."

Subsec. (f). Pub. L. 104–127, §333(d)(3), substituted "Compensation may be provided in not less than 5, nor more than 30, annual payments of equal or unequal size, as agreed to by the owner and the Secretary." for "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."

Subsec. (h). Pub. L. 104–127, §333(d)(4), added subsec. (h).

Effect of 1996 Amendments on Existing Agreements

Amendments made by section 333 of Pub. L. 104–127 not to affect validity or terms of agreements entered into by Secretary of Agriculture under this subpart before Apr. 4, 1996, or payments required to be made in connection with such agreements, see section 333(f) of Pub. L. 104–127, set out as a note under section 3837 of this title.

Section Referred to in Other Sections

This section is referred to in sections 3837, 3837c of this title.

§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.

(Pub. L. 99–198, title XII, §1237B, as added Pub. L. 101–624, title XIV, §1438, Nov. 28, 1990, 104 Stat. 3587.)

§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 and technical assistance

(1) Easements

Effective beginning October 1, 1996, in making cost-share payments under subsection (a)(1) of this section, the Secretary shall—

(A) in the case of a permanent easement, pay the owner an amount that is not less than 75 percent, but not more than 100 percent, of the eligible costs; and

(B) in the case of a 30-year easement, pay the owner an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs.

(2) Restoration cost-share agreements

In making cost-share payments in connection with a restoration cost-share agreement entered into under section 3837a(h) of this title, the Secretary shall pay the owner an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs.

(3) Technical assistance

The Secretary shall provide owners with technical assistance to assist owners in complying with the terms of easements and restoration cost-share agreements.

(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.

(Pub. L. 99–198, title XII, §1237C, as added Pub. L. 101–624, title XIV, §1438, Nov. 28, 1990, 104 Stat. 3587; amended Pub. L. 104–127, title III, §333(e), Apr. 4, 1996, 110 Stat. 996.)

Amendments

1996—Subsec. (b). Pub. L. 104–127 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "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."

Effect of 1996 Amendments on Existing Agreements

Amendments made by section 333 of Pub. L. 104–127 not to affect validity or terms of agreements entered into by Secretary of Agriculture under this subpart before Apr. 4, 1996, or payments required to be made in connection with such agreements, see section 333(f) of Pub. L. 104–127, set out as a note under section 3837 of this title.

§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 or 30-year 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 (7 U.S.C. 1421 et seq.).

(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 (7 U.S.C. 1308 note), shall not be applicable to payments received by a State, political subdivision, or agency thereof in connection with agreements entered into under a special wetland and environmental easement 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.

(d) Exemption from automatic sequester

Notwithstanding any other provision of law, no order issued under section 902 of title 2 shall affect any payment under this subpart.

(Pub. L. 99–198, title XII, §1237D, as added Pub. L. 101–624, title XIV, §1438, Nov. 28, 1990, 104 Stat. 3588; amended Pub. L. 105–277, div. A, §101(a) [title VII, §751], Oct. 21, 1998, 112 Stat. 2681, 2681-32.)

References in Text

This Act, referred to in subsec. (c)(3), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, as amended, known as the Food Security Act of 1985. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.

The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (c)(3), is Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3359, as amended. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 1421 of Title 7 and Tables.

The Agricultural Act of 1949, referred to in subsec. (c)(3), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified principally to chapter 35A (§1421 et seq.) of Title 7. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables.

Section 1305(d) of the Agricultural Reconciliation Act of 1987, referred to in subsec. (c)(4), is section 1305(d) of Pub. L. 100–203, which is set out as a note under section 1308 of Title 7.

Amendments

1998—Subsec. (c)(1). Pub. L. 105–277 inserted "or 30-year" after "perpetual".

§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.

(Pub. L. 99–198, title XII, §1237E, as added Pub. L. 101–624, title XIV, §1438, Nov. 28, 1990, 104 Stat. 3589.)

§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.

(Pub. L. 99–198, title XII, §1237F, as added Pub. L. 101–624, title XIV, §1438, Nov. 28, 1990, 104 Stat. 3589.)