SUBCHAPTER IV—AGRICULTURAL RESOURCES CONSERVATION PROGRAM
Part I—Comprehensive Conservation Enhancement Program
subpart a—general provisions
§3830. Comprehensive conservation enhancement program
(a) Establishment
(1) In general
During the 1996 through 2002 calendar years, the Secretary shall establish a comprehensive conservation enhancement program (referred to in this section as "CCEP") 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 CCEP 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 CCEP 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 CCEP, 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 CCEP.
(
Amendments
2002—
Subsec. (a)(1).
Subsecs. (a)(2), (3), (b).
Subsec. (c).
"(1)
"(2)
"(3)
"(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."
1996—
1993—Subsec. (b).
Conservation Assistance
"(a)
"(1) address threats to soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat;
"(2) comply with Federal and State environmental laws; and
"(3) 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.
"(b)
"(c)
Farmland Protection Program
[
§3830a. Repealed. Pub. L. 107–171, title I, §1613(j)(3), title II, §2006(c), May 13, 2002, 116 Stat. 221 , 237
Section,
subpart b—conservation reserve
Codification
Subchapter B of
§3831. Conservation reserve
(a) In general
Through the 2007 calendar year, the Secretary shall formulate and carry out a conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) of this section to conserve and improve the soil, water, and wildlife resources of such land.
(b) Eligible land
The Secretary may include in the program established under this subpart—
(1) highly erodible cropland that—
(A)(i) if permitted to remain untreated could substantially reduce the agricultural production capability for future generations; or
(ii) cannot be farmed in accordance with a plan that complies with the requirements of subchapter II of this chapter; and
(B) the Secretary determines had a cropping history or was considered to be planted for 4 of the 6 years preceding May 13, 2002 (except for land enrolled in the conservation reserve program as of May 13, 2002).
(2) marginal pasture land converted to wetland or established as wildlife habitat prior to November 28, 1990;
(3) marginal pasture land to be devoted to appropriate vegetation, including trees, in or near riparian areas, or devoted to similar water quality purposes (including marginal pastureland converted to wetland or established as wildlife habitat);
(4) cropland that is otherwise ineligible if the Secretary determines that—
(A) if permitted to remain in agricultural production, the land would—
(i) contribute to the degradation of soil, water, or air quality; or
(ii) pose an on-site or off-site environmental threat to soil, water, or air quality;
(B) the land is a—
(i) newly-created, permanent grass sod waterway; or
(ii) a contour grass sod strip established and maintained as part of an approved conservation plan;
(C) the land will be devoted to newly established living snow fences, permanent wildlife habitat, windbreaks, shelterbelts, or filterstrips devoted to trees or shrubs; or
(D) the land poses an off-farm environmental threat, or a threat of continued degradation of productivity due to soil salinity, if permitted to remain in production; and
(E) enrollment of the land would facilitate a net savings in groundwater or surface water resources of the agricultural operation of the producer;
(5) the portion of land in a field not enrolled in the conservation reserve in a case in which more than 50 percent of the land in the field is enrolled as a buffer, if—
(A) the land is enrolled as part of the buffer; and
(B) the remainder of the field is—
(i) infeasible to farm; and
(ii) enrolled at regular rental rates.
(c) Planting status of certain land
For purposes of determining the eligibility of land to be placed in the conservation reserve established under this subpart, land shall be considered to be planted to an agricultural commodity during a crop year if—
(1) during the crop year, the land was devoted to a conserving use; or
(2)(A) during the crop year or during any of the 2 years preceding the crop year, the land was enrolled in the water bank program; and
(B) the contract of the owner or operator of the cropland expired or will expire in calendar year 2000, 2001, or 2002.
(d) Maximum enrollment
The Secretary may maintain up to 39,200,000 acres in the conservation reserve at any 1 time during the 2002 through 2007 calendar years (including contracts extended by the Secretary pursuant to section 1437(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (
(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 land
(A) In general
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
(B) Hardwood trees
In the case of land that is devoted to hardwood trees under a contract entered into under this subpart prior to October 1, 1990, the Secretary may extend the contract for a term of not to exceed 5 years, as agreed to by the owner or operator of such land and the Secretary.
(3) 1-year extension
In the case of a contract described in paragraph (1) the term of which expires during calendar year 2002, an owner or operator of land enrolled under the contract may extend the contract for 1 additional year.
(f) Conservation priority areas
(1) Designation
On 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) on application by the appropriate State agency; or
(B) in the case of an area covered by this subsection, if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.
(4) Duty of Secretary
In carrying out this subsection, the Secretary shall attempt to maximize water quality and habitat benefits in the watersheds described in paragraph (1) by promoting a significant level of enrollment of land within the watersheds in the program under this subpart by whatever means the Secretary determines are 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) Program
(A) In general
During the 2002 through 2007 calendar years, the Secretary shall carry out a program in each State under which the Secretary shall include eligible acreage described in paragraph (2) in the program established under this subpart.
(B) Participation among States
The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each State have an equitable opportunity to participate in the pilot program established under this subsection.
(2) 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
(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 not more than—
(I) 100,000 acres in any 1 State referred to in paragraph (1); and
(II) not more than a total of 1,000,000 acres.
(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).
(iv) Review; potential increase in enrollment acreage
Not later than 3 years after May 13, 2002, the Secretary shall—
(I) conduct a review of the program under this subsection with respect to each State that has enrolled land in the program; and
(II) notwithstanding clause (i)(I), increase the number of acres that may be enrolled by a State under clause (i)(I) to not more than 150,000 acres, as determined by the Secretary.
(D) Owner or operator limitations
(i) Wetland
(I) In general
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 10 contiguous acres, of which not more than 5 acres shall be eligible for payment.
(II) Coverage
All acres described in subclause (I) (including acres that are ineligible for payment) shall be covered by the conservation contract.
(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) 3 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.
(3) 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 shall 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 (which may include emerging vegetation in water) on the eligible acreage, as determined by the Secretary; and
(C) to carry out other duties described in
(4) 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
(B) Continuous signup
The Secretary shall use continuous signup under
(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
(i) Eligibility for consideration
On the expiration of a contract entered into under this subpart, the land subject to the contract shall be eligible to be considered for reenrollment in the conservation reserve.
(j) Balance of natural resource purposes
In determining the acceptability of contract offers under this subpart, the Secretary shall ensure, to the maximum extent practicable, an equitable balance among the conservation purposes of soil erosion, water quality, and wildlife habitat.
(k) Emergency forestry conservation reserve program
(1) Definitions
In this subsection:
(A) Merchantable timber
The term "merchantable timber" means timber on private nonindustrial forest land on which the average tree has a trunk diameter of at least 6 inches measured at a point no less than 4.5 feet above the ground.
(B) Private nonindustrial forest land
The term "private nonindustrial forest land" includes State school trust land.
(2) Program
The Secretary shall carry out an emergency pilot program in States that the Secretary determines have suffered damage to merchantable timber in counties affected by hurricanes during the 2005 calendar year.
(3) Eligible acreage
(A) In general
Subject to subparagraph (B) and the availability of funds under subparagraph (G), an owner or operator may enroll private nonindustrial forest land in the conservation reserve under this subsection.
(B) Determination of damages
Eligibility for enrollment shall be limited to owners and operators of private nonindustrial forest land that have experienced a loss of 35 percent or more of merchantable timber in a county affected by hurricanes during the 2005 calendar year.
(C) Exemptions
Acreage enrolled in the conservation reserve under this subsection shall not count toward—
(i) county acreage limitations described in
(ii) the maximum enrollment described in subsection (d) of this section.
(D) Duties of owners and operators
As a condition of entering into a contract under this subsection, during the term of the contract, the owner or operator of private nonindustrial forest land shall agree—
(i) to restore the land, through site preparation and planting of similar species as existing prior to hurricane damages or to the maximum extent practicable with other native species, as determined by the Secretary; and
(ii) to establish temporary vegetative cover the purpose of which is to prevent soil erosion on the eligible acreage, as determined by the Secretary.
(E) Duties of the Secretary
(i) In general
In return for a contract entered into by an owner or operator of private nonindustrial forest land under this subsection, the Secretary shall provide, at the option of the landowner—
(I) notwithstanding the limitation in
(II) annual rental payments.
(ii) Calculation of lump sum payment
The lump sum payment described in clause (i)(I) shall be calculated using a net present value formula, as determined by the Secretary, based on the total amount a producer would receive over the duration of the contract.
(iii) Calculation of annual rental payments
The annual rental payment described in clause (i)(II) shall be equal to the average rental rate for conservation reserve contracts in the county in which the land is located.
(iv) Rolling signup
The Secretary shall offer a rolling signup for contracts under this subsection.
(v) Duration of contracts
A contract entered into under this subsection shall have a term of 10 years.
(F) Balance of natural resources
In determining the acceptability of contract offers under this subsection, the Secretary shall consider an equitable balance among the purposes of soil erosion prevention, water quality improvement, wildlife habitat restoration, and mitigation of economic loss.
(G) Funding
The Secretary shall use $504,100,000, to remain available until expended, of funds of the Commodity Credit Corporation to carry out this subsection.
(H) Determinations by Secretary
A determination made by the Secretary under this subsection shall be final and conclusive.
(I) Regulations
(i) In general
Not later than 90 days after December 30, 2005, the Secretary shall promulgate such regulations as are necessary to implement this subsection.
(ii) Procedure
The promulgation of regulations and administration of this subsection shall be made without regard to—
(I) the notice and comment provisions of
(II) 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
(III)
(iii) Congressional review of agency rulemaking
In carrying out this subsection, the Secretary shall use the authority provided under
(
Codification
December 30, 2005, referred to in subsec. (k)(3)(I)(i), was in the original "the date of enactment of this Act", which was translated as meaning the date of enactment of
Prior Provisions
A prior section 3831,
Amendments
2007—Subsec. (k)(2).
2006—Subsec. (k)(3)(G).
2005—Subsec. (k).
Regulations
Study on Economic Effects
"(1)
"(2)
"(A) the impact that enrollments in the conservation reserve program have on rural businesses, civic organizations, and community services (such as schools, public safety, and infrastructure), particularly in communities with a large percentage of whole farm enrollments;
"(B) the effect that those enrollments have on rural population and beginning farmers (including a description of any connection between the rate of enrollment and the incidence of absentee ownership);
"(C)(i) the manner in which differential per acre payment rates potentially impact the types of land (by productivity) enrolled;
"(ii) changes to the per acre payment rates that may affect that impact; and
"(iii) the manner in which differential per acre payment rates could facilitate retention of productive agricultural land in agriculture; and
"(D) the effect of enrollment on opportunities for recreational activities (including hunting and fishing)."
Study of Impact of Pilot Program
Study of Land Use for Expiring Contracts and Extension of Authority
Existing Conservation Programs
§3832. Duties of owners and operators
(a) In general
Under the terms of a contract entered into under this subpart, during the term of the contract, an owner or operator of a farm or ranch shall 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 land 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 the land for agricultural purposes, except as permitted by the Secretary;
(4) to establish approved vegetative cover (which may include emerging vegetation in water), water cover for the enhancement of wildlife, or, where practicable, maintain existing cover on the land, except that—
(A) the 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 the cover was due to excessive rainfall or flooding;
(ii) the land subject to the contract that could practicably be planted to the cover is planted to the cover; and
(iii) the land on which the owner or operator was unable to plant the cover is planted to the cover after the wet conditions that prevented the planting subsides;
(5) on a violation of a term or condition of the contract at any time the owner or operator has control of the 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 on the payments as determined by the Secretary, if the Secretary, after considering the recommendations of the soil conservation district and the Natural Resources Conservation Service, determines that the 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 the 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 the land agrees with the Secretary to assume all obligations of the contract, except that no refund of rental payments and cost sharing payments shall be required if the land is purchased by or for the United States Fish and Wildlife Service, or the transferee and the Secretary agree to modifications to the contract, in a case in which the modifications are consistent with the objectives of the program, as determined by the Secretary;
(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 may permit, consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during nesting seasons for birds in the area)—
(A) managed harvesting and grazing (including the managed harvesting of biomass), except that in permitting managed harvesting and grazing, the Secretary—
(i) shall, in coordination with the State technical committee—
(I) develop appropriate vegetation management requirements; and
(II) identify periods during which harvesting and grazing under this paragraph may be conducted;
(ii) may permit harvesting and grazing or other commercial use of the forage on the land that is subject to the contract in response to a drought or other emergency; and
(iii) shall, in the case of routine managed harvesting or grazing or harvesting or grazing conducted in response to a drought or other emergency, reduce the rental payment otherwise payable under the contract by an amount commensurate with the economic value of the activity, except that this clause shall not apply to the 2002 calendar year, and the Secretary shall repay the owner or operator (in a manner determined by the Secretary) for any reduction in rental payments made to the owner or operator as the result of the application of this clause to the 2002 calendar year; and
(B) the installation of wind turbines, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account—
(i) the location, size, and other physical characteristics of the land;
(ii) the extent to which the land contains wildlife and wildlife habitat; and
(iii) the purposes of the conservation reserve program under this subpart;
(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 land 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 of this subpart.
(b) Conservation plans
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 the term; and
(2) may provide for the permanent retirement of any existing cropland base and allotment history for the land.
(c) Foreclosure
(1) In general
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 the contract if the land that is subject to the contract has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate in order to provide fair and equitable treatment.
(2) Resumption of control
(A) In general
This subsection shall not void the responsibilities of an owner or operator under the contract if the owner or operator resumes control over the land that is subject to the contract within the period specified in the contract.
(B) Contract
On the resumption of the control over the land by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply.
(
Prior Provisions
A prior section 3832,
Amendments
2003—Subsec. (a)(7)(A)(iii).
§3833. Duties of the Secretary
In return for a contract entered into by an owner or operator under
(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; and
(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.
(
Prior Provisions
A prior section 3833,
§3834. Payments
(a) Timing
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 practicable 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 option 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 general
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 each contract for which the Secretary determines that cost sharing is appropriate and in the public interest.
(2) Limitation
The Secretary shall not make any payment to an owner or operator under this subpart to the extent that the total amount of cost sharing payments provided to the owner or operator from all sources would exceed 100 percent of the total cost of establishing measures and practices described in paragraph (1).
(3) Hardwood trees, windbreaks, shelterbelts, and wildlife corridors
(A) Applicability
This paragraph applies to—
(i) 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; and
(ii) land converted to such production under
(B) Payments
In making cost share payments to an owner or operator of land described in subparagraph (A), the Secretary shall pay 50 percent of the reasonable and necessary costs, as determined by the Secretary, incurred by the owner or operator for maintaining 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 the planting of the trees or shrubs, as determined appropriate by the Secretary.
(4) Hardwood tree planting
The Secretary may permit owners or operators that contract to devote at least 10 acres of land to the production of hardwood trees under this subpart to extend the planting of the trees over a 3-year period if at least 1/3 of the trees are planted in each of the first 2 years.
(5) Other Federal cost share assistance
An owner or operator shall not be eligible to receive or retain cost share assistance under this subsection if the owner or operator receives any other Federal cost share assistance with respect to the land under any other provision of law.
(c) Annual rental payments
(1) In general
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) Method of determination
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) Acceptance of contract offers
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 on the extent to which water quality or wildlife habitat may be improved or erosion may be abated.
(4) Hardwood tree acreage
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) In general
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) Method of providing in-kind payments
If the payment to an owner or operator is made with in-kind commodities, the 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) Cash payments
(A) Commodity Credit Corporation stocks
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.
(B) Special conservation reserve enhancement program
Payments to an owner or operator under a special conservation reserve enhancement program described in subsection (f)(4) of this section shall be in the form of cash only.
(e) Payments on death, disability, or succession
If an owner or operator that is entitled to a payment under a contract entered into under this subpart dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person that renders or completes the required performance, the Secretary shall make the 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) Payment limitation for rental payments
(1) In general
The total amount of rental payments, including rental payments made in the form of in-kind commodities, made to a person under this subpart for any fiscal year may not exceed $50,000.
(2) Regulations
(A) In general
The Secretary shall promulgate regulations—
(i) defining the term "person" as used in this subsection; and
(ii) providing such terms and conditions as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established by this subsection.
(B) Corporations and stockholders
The regulations promulgated by the Secretary on December 18, 1970, under
(3) Other payments
Rental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under the Farm Security and Rural Investment Act of 2002.
(4) Special conservation reserve enhancement program
(A) In general
The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (
(B) Agreements
The Secretary may enter into such agreements for payments to States (including political subdivisions and agencies of States) that the Secretary determines will advance the purposes of this subpart.
(g) Other State or local 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 land in the conservation reserve program.
(
References in Text
The Farm Security and Rural Investment Act of 2002, referred to in subsec. (f)(3), is
Prior Provisions
A prior section 3834,
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
§3835. Contracts
(a) Ownership or operation requirements
(1) In general
Except as provided in paragraph (2), 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 the land was not acquired for the purpose of placing the land 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) Exceptions
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
If, during the term of a contract entered into under this subpart, an owner or operator of land subject to the contract sells or otherwise transfers the ownership or right of occupancy of the land, the new owner or operator of the land may—
(1) continue the 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) Modifications
(1) In general
The Secretary may modify a contract entered into with an owner or operator under this subpart if—
(A) the owner or operator agrees to the modification; and
(B) the Secretary determines that the 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) Production of agricultural commodities
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
(1) In general
The Secretary may terminate a contract entered into with an owner or operator under this subpart if—
(A) the owner or operator agrees to the termination; and
(B) the Secretary determines that the termination would be in the public interest.
(2) Notice to congressional committees
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 to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate written notice of the action.
(e) Early termination by owner or operator
(1) Early termination
(A) In general
The Secretary shall allow a participant that entered into a contract under this subpart before January 1, 1995, to terminate the contract at any time if the contract has been in effect for at least 5 years.
(B) Liability for contract violation
The termination shall not relieve the participant of liability for a contract violation occurring before the date of the termination.
(C) Notice to Secretary
The participant shall provide the Secretary with reasonable notice of the desire of the participant to terminate the contract.
(2) Certain land excepted
The following land 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 land of high environmental value (including wetland), 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)(C).
(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 that 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 land in the area, except that the requirements may not be more onerous than the requirements imposed on other land.
(
Prior Provisions
A prior section 3835,
Conservation Reserve
§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 that 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 the contract, and that are devoted to vegetative cover, from that 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 wetland
The Secretary shall permit an owner or operator that 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 the contract to wetland if—
(1) the areas are prior converted wetland;
(2) the owner or operator of the areas enters into an agreement to provide the Secretary with a long-term or permanent easement under subpart C covering the areas;
(3) there is a high probability that the prior converted area can be successfully restored to wetland status; and
(4) the restoration of the 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 the acres, including the expense involved in the original establishment of the vegetative cover, that would result in cost share for costs under this section 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
(
Prior Provisions
Prior sections 3835a and 3836 were omitted in the general amendment of this subpart by
Section 3835a,
Section 3836,
A prior section 3836a,
subpart c—wetlands reserve program
§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 2,275,000 acres, of which, to the maximum extent practicable, the Secretary shall enroll 250,000 acres in each calendar year.
(2) Methods of enrollment
The Secretary shall enroll acreage into the wetlands reserve program through the use of permanent easements, 30-year easements, restoration cost share agreements, or any combination of those options.
(c) Eligibility
For purposes of enrolling land in the wetland reserve established under this subpart during the 1991 through 2007 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
(
Amendments
2002—Subsec. (b).
"(1)
"(2)
"(A)
"(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)
"(C) 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."
Subsec. (c).
Subsec. (g).
1998—Subsec. (b)(2)(C).
1996—Subsec. (b).
"(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).
Subsec. (d).
1993—Subsec. (b).
Subsec. (c).
1991—Subsec. (d).
Effect of 1996 Amendments on Existing Agreements
Section 333(f) of
§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.
(
Amendments
2002—Subsec. (h).
1996—
Subsec. (c).
"(1)
"(2)
Subsec. (f).
Subsec. (h).
Effect of 1996 Amendments on Existing Agreements
Amendments made by section 333 of
§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.
(
§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) 1 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.
(
References in Text
Amendments
1996—Subsec. (b).
Effect of 1996 Amendments on Existing Agreements
Amendments made by section 333 of
1 See References in Text note below.
§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 (
(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 (
(d) Exemption from automatic sequester
Notwithstanding any other provision of law, no order issued under
(
References in Text
This Act, referred to in subsec. (c)(3), is
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (c)(3), is
The Agricultural Act of 1949, referred to in subsec. (c)(3), is act Oct. 31, 1949, ch. 792,
Section 1305(d) of the Agricultural Reconciliation Act of 1987, referred to in subsec. (c)(4), is section 1305(d) of
Amendments
1998—Subsec. (c)(1).
§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)(A) the ownership change occurred because of foreclosure on the land; and
(B) immediately before the foreclosure, the owner of the land exercises a right of redemption from the mortgage holder in accordance with State law; 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.
(
Amendments
2002—Subsec. (a)(2).
§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.
(
Part II—Conservation Security and Farmland Protection
subpart a—conservation security program
§3838. Definitions
In this subpart:
(1) Base payment
The term "base payment" means an amount that is—
(A) determined in accordance with the rate described in
(B) paid to a producer under a conservation security contract in accordance with clause (i) of subparagraph (C), (D), or (E) of
(2) Beginning farmer or rancher
The term "beginning farmer or rancher" has the meaning given the term under
(3) Conservation practice
The term "conservation practice" means a conservation farming practice described in
(A) requires planning, implementation, management, and maintenance; and
(B) promotes 1 or more of the purposes described in
(4) Conservation security contract
The term "conservation security contract" means a contract described in
(5) Conservation security plan
The term "conservation security plan" means a plan described in
(6) Conservation security program
The term "conservation security program" means the program established under
(7) Enhanced payment
The term "enhanced payment" means the amount paid to a producer under a conservation security contract that is equal to the amount described in
(8) Nondegradation standard
The term "nondegradation standard" means the level of measures required to adequately protect, and prevent degradation of, 1 or more natural resources, as determined by the Secretary in accordance with the quality criteria described in handbooks of the Natural Resources Conservation Service.
(9) Producer
(A) In general
The term "producer" means an owner, operator, landlord, tenant, or sharecropper that—
(i) shares in the risk of producing any crop or livestock; and
(ii) is entitled to share in the crop or livestock available for marketing from a farm (or would have shared had the crop or livestock been produced).
(B) Hybrid seed growers
In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract.
(10) Resource-conserving crop rotation
The term "resource-conserving crop rotation" means a crop rotation that—
(A) includes at least 1 resource-conserving crop (as defined by the Secretary);
(B) reduces erosion;
(C) improves soil fertility and tilth;
(D) interrupts pest cycles; and
(E) in applicable areas, reduces depletion of soil moisture (or otherwise reduces the need for irrigation).
(11) Resource management system
The term "resource management system" means a system of conservation practices and management relating to land or water use that is designed to prevent resource degradation and permit sustained use of land, water, and other natural resources, as defined in accordance with the technical guide of the Natural Resources Conservation Service.
(12) Secretary
The term "Secretary" means the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service.
(13) Tier I conservation security contract
The term "Tier I conservation security contract" means a contract described in
(14) Tier II conservation security contract
The term "Tier II conservation security contract" means a contract described in
(15) Tier III conservation security contract
The term "Tier III conservation security contract" means a contract described in
(
Prior Provisions
A prior section 3838,
Regulations
§3838a. Conservation security program
(a) In general
The Secretary shall establish and, for each of fiscal years 2003 through 2011, carry out a conservation security program to assist producers of agricultural operations in promoting, as is applicable with respect to land to be enrolled in the program, conservation and improvement of the quality of soil, water, air, energy, plant and animal life, and any other conservation purposes, as determined by the Secretary.
(b) Eligibility
(1) Eligible producers
To be eligible to participate in the conservation security program (other than to receive technical assistance under
(A) develop and submit to the Secretary, and obtain the approval of the Secretary of, a conservation security plan that meets the requirements of subsection (c)(1) of this section; and
(B) enter into a conservation security contract with the Secretary to carry out the conservation security plan.
(2) Eligible land
Except as provided in paragraph (3), private agricultural land (including cropland, grassland, prairie land, improved pasture land, and rangeland), land under the jurisdiction of an Indian tribe (as defined by the Secretary), and forested land that is an incidental part of an agricultural operation shall be eligible for enrollment in the conservation security program.
(3) Exclusions
(A) Conservation reserve program
Land enrolled in the conservation reserve program under subpart B of part I of this subchapter shall not be eligible for enrollment in the conservation security program.
(B) Wetlands reserve program
Land enrolled in the wetlands reserve program established under subpart C of part I of this subchapter shall not be eligible for enrollment in the conservation security program.
(C) Grassland reserve program
Land enrolled in the grassland reserve program established under subpart C of this part shall not be eligible for enrollment in the conservation security program.
(D) Conversion to cropland
Land that is used for crop production after May 13, 2002, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding May 13, 2002 (except for land enrolled in the conservation reserve program under subpart B of part I of this subchapter) or that has been maintained using long-term crop rotation practices, as determined by the Secretary, shall not be the basis for any payment under the conservation security program.
(4) Economic uses
The Secretary shall permit a producer to implement, with respect to all eligible land covered by a conservation security plan, economic uses that—
(A) maintain the agricultural nature of the land; and
(B) are consistent with the natural resource and conservation objectives of the conservation security program.
(c) Conservation security plans
(1) In general
A conservation security plan shall—
(A) identify the designated land and resources to be conserved under the conservation security plan;
(B) describe the tier of conservation security contract, and the particular conservation practices to be implemented, maintained, or improved, in accordance with subsection (d) of this section on the land covered by the conservation security contract for the specified term; and
(C) contain a schedule for the implementation, maintenance, or improvement of the conservation practices described in the conservation security plan during the term of the conservation security contract.
(2) Resource planning
The Secretary may assist producers that enter into conservation security contracts in developing a comprehensive, long-term strategy for improving and maintaining all natural resources of the agricultural operation of the producer.
(d) Conservation contracts and practices
(1) In general
(A) Establishment of tiers
The Secretary shall establish, and offer to eligible producers, 3 tiers of conservation contracts under which a payment under this subpart may be received.
(B) Eligible conservation practices
(i) In general
The Secretary shall make eligible for payment under a conservation security contract land management, vegetative, and structural practices.
(ii) Determination
In determining the eligibility of a practice described in clause (i), the Secretary shall require, to the maximum extent practicable, that the lowest cost alternatives be used to fulfill the purposes of the conservation security plan, as determined by the Secretary.
(2) On-farm research and demonstration or pilot testing
With respect to land enrolled in the conservation security program, the Secretary may approve a conservation security plan that includes—
(A) on-farm conservation research and demonstration activities; and
(B) pilot testing of new technologies or innovative conservation practices.
(3) Use of handbook and guides; State and local conservation concerns
(A) Use of handbook and guides
In determining eligible conservation practices and the criteria for implementing or maintaining the conservation practices under the conservation security program, the Secretary shall use the National Handbook of Conservation Practices of the Natural Resources Conservation Service.
(B) State and local conservation priorities
The conservation priorities of a State or locality in which an agricultural operation is situated shall be determined by the State Conservationist, in consultation with—
(i) the State technical committee established under subchapter VI of this chapter; and
(ii) local agricultural producers and conservation working groups.
(4) Conservation practices
Conservation practices that may be implemented by a producer under a conservation security contract (as appropriate for the agricultural operation of a producer) include—
(A) nutrient management;
(B) integrated pest management;
(C) water conservation (including through irrigation) and water quality management;
(D) grazing, pasture, and rangeland management;
(E) soil conservation, quality, and residue management;
(F) invasive species management;
(G) fish and wildlife habitat conservation, restoration, and management;
(H) air quality management;
(I) energy conservation measures;
(J) biological resource conservation and regeneration;
(K) contour farming;
(L) strip cropping;
(M) cover cropping;
(N) controlled rotational grazing;
(O) resource-conserving crop rotation;
(P) conversion of portions of cropland from a soil-depleting use to a soil-conserving use, including production of cover crops;
(Q) partial field conservation practices;
(R) native grassland and prairie protection and restoration; and
(S) any other conservation practices that the Secretary determines to be appropriate and comparable to other conservation practices described in this paragraph.
(5) Tiers
Subject to paragraph (6), to carry out this subsection, the Secretary shall establish the following 3 tiers of conservation contracts:
(A) Tier I conservation security contracts
A conservation security plan for land enrolled under a Tier I conservation security contract shall—
(i) be for a period of 5 years; and
(ii) include conservation practices appropriate for the agricultural operation, that, at a minimum (as determined by the Secretary)—
(I) address at least 1 significant resource of concern for the enrolled portion of the agricultural operation at a level that meets the appropriate nondegradation standard; and
(II) cover active management of conservation practices that are implemented or maintained under the conservation security contract.
(B) Tier II conservation security contracts
A conservation security plan for land enrolled under a Tier II conservation security contract shall—
(i) be for a period of not less than 5 nor more than 10 years, as determined by the producer;
(ii) include conservation practices appropriate for the agricultural operation, that, at a minimum—
(I) address at least 1 significant resource of concern for the entire agricultural operation, as determined by the Secretary, at a level that meets the appropriate nondegradation standard; and
(II) cover active management of conservation practices that are implemented or maintained under the conservation security contract.
(C) Tier III conservation security contracts
A conservation security plan for land enrolled under a Tier III conservation security contract shall—
(i) be for a period of not less than 5 nor more than 10 years, as determined by the producer; and
(ii) include conservation practices appropriate for the agricultural operation that, at a minimum—
(I) apply a resource management system that meets the appropriate nondegradation standard for all resources of concern of the entire agricultural operation, as determined by the Secretary; and
(II) cover active management of conservation practices that are implemented or maintained under the conservation security contract.
(6) Minimum requirements
The minimum requirements for each tier of conservation contracts implemented under paragraph (5) shall be determined and approved by the Secretary.
(e) Conservation security contracts
(1) In general
On approval of a conservation security plan of a producer, the Secretary shall enter into a conservation security contract with the producer to enroll the land covered by the conservation security plan in the conservation security program.
(2) Modification
(A) Optional modifications
A producer may apply to the Secretary for a modification of the conservation security contract of the producer that is consistent with the purposes of the conservation security program.
(B) Other modifications
(i) In general
The Secretary may, in writing, require a producer to modify a conservation security contract before the expiration of the conservation security contract if the Secretary determines that a change made to the type, size, management, or other aspect of the agricultural operation of the producer would, without the modification of the contract, significantly interfere with achieving the purposes of the conservation security program.
(ii) Participation in other programs
If appropriate payment reductions and other adjustments (as determined by the Secretary) are made to the conservation security contract of a producer, the producer may—
(I) simultaneously participate in—
(aa) the conservation security program;
(bb) the conservation reserve program under subpart B of part I of this subchapter; and
(cc) the wetlands reserve program under subpart C of part I of this subchapter; and
(II) may remove land enrolled in the conservation security program for enrollment in a program described in item (bb) or (cc) of subclause (I).
(3) Termination
(A) Optional termination
A producer may terminate a conservation security contract and retain payments received under the conservation security contract, if—
(i) the producer is in full compliance with the terms and conditions (including any maintenance requirements) of the conservation security contract as of the date of the termination; and
(ii) the Secretary determines that termination of the contract would not defeat the purposes of the conservation security plan of the producer.
(B) Other termination
A producer that is required to modify a conservation security contract under paragraph (2)(B)(i) may, in lieu of modifying the contract—
(i) terminate the conservation security contract; and
(ii) retain payments received under the conservation security contract, if the producer has fully complied with the terms and conditions of the conservation security contract before termination of the contract, as determined by the Secretary.
(4) Renewal
(A) In general
Except as provided in subparagraph (B), at the option of a producer, the conservation security contract of the producer may be renewed for an additional period of not less than 5 nor more than 10 years.
(B) Tier I renewals
In the case of a Tier I conservation security contract of a producer, the producer may renew the contract only if the producer agrees—
(i) to apply additional conservation practices that meet the nondegradation standard on land already enrolled in the conservation security program; or
(ii) to adopt new conservation practices with respect to another portion of the agricultural operation that address resource concerns and meet the nondegradation standard under the terms of the Tier I conservation security contract.
(f) Noncompliance due to circumstances beyond the control of producers
The Secretary shall include in the conservation security contract a provision, and may permit modification of a conservation security contract under subsection (e)(1) of this section, to ensure that a producer shall not be considered in violation of a conservation security contract for failure to comply with the conservation security contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the Secretary.
(
Prior Provisions
A prior section 3838a,
Amendments
2006—Subsec. (a).
§3838b. Duties of producers
Under a conservation security contract, a producer shall agree, during the term of the conservation security contract—
(1) to implement the applicable conservation security plan approved by the Secretary;
(2) to maintain, and make available to the Secretary at such times as the Secretary may request, appropriate records showing the effective and timely implementation of the conservation security plan;
(3) not to engage in any activity that would interfere with the purposes of the conservation security program; and
(4) on the violation of a term or condition of the conservation security contract—
(A) if the Secretary determines that the violation warrants termination of the conservation security contract—
(i) to forfeit all rights to receive payments under the conservation security contract; and
(ii) to refund to the Secretary all or a portion of the payments received by the producer under the conservation security contract, including any advance payments and interest on the payments, as determined by the Secretary; or
(B) if the Secretary determines that the violation does not warrant termination of the conservation security contract, to refund to the Secretary, or accept adjustments to, the payments provided to the producer, as the Secretary determines to be appropriate.
(
Prior Provisions
A prior section 3838b,
§3838c. Duties of the Secretary
(a) Timing of payments
The Secretary shall make payments under a conservation security contract as soon as practicable after October 1 of each fiscal year.
(b) Annual payments
(1) Criteria for determining amount of payments
(A) Base payment
A base payment under this paragraph shall be (as determined by the Secretary)—
(i) the average national per-acre rental rate for a specific land use during the 2001 crop year; or
(ii) another appropriate rate for the 2001 crop year that ensures regional equity.
(B) Payments
A payment for a conservation practice under this paragraph shall be determined in accordance with subparagraphs (C) through (E).
(C) Tier I conservation security contracts
The payment for a Tier I conservation security contract shall consist of the total of the following amounts:
(i) An amount equal to 5 percent of the applicable base payment for land covered by the contract.
(ii) An amount that does not exceed 75 percent (or, in the case of a beginning farmer or rancher, 90 percent) of the average county costs of practices for the 2001 crop year that are included in the conservation security contract, as determined by the Secretary, including the costs of—
(I) the adoption of new management, vegetative, and land-based structural practices;
(II) the maintenance of existing land management and vegetative practices; and
(III) the maintenance of existing land-based structural practices that are approved by the Secretary but not already covered by a Federal or State maintenance requirement.
(iii) An enhanced payment that is determined by the Secretary in a manner that ensures equity across regions of the United States, if the producer—
(I) implements or maintains multiple conservation practices that exceed minimum requirements for the applicable tier of participation (including practices that involve a change in land use, such as resource-conserving crop rotation, managed rotational grazing, or conservation buffer practices);
(II) addresses local conservation priorities in addition to resources of concern for the agricultural operation;
(III) participates in an on-farm conservation research, demonstration, or pilot project;
(IV) participates in a watershed or regional resource conservation plan that involves at least 75 percent of producers in a targeted area; or
(V) carries out assessment and evaluation activities relating to practices included in a conservation security plan.
(D) Tier II conservation security contracts
The payment for a Tier II conservation security contract shall consist of the total of the following amounts:
(i) An amount equal to 10 percent of the applicable base payment for land covered by the conservation security contract.
(ii) An amount that does not exceed 75 percent (or, in the case of a beginning farmer or rancher, 90 percent) of the average county cost of adopting or maintaining practices for the 2001 crop year that are included in the conservation security contract, as described in subparagraph (C)(ii).
(iii) An enhanced payment that is determined in accordance with subparagraph (C)(iii).
(E) Tier III conservation security contracts
The payment for a Tier III conservation security contract shall consist of the total of the following amounts:
(i) An amount equal to 15 percent of the base payment for land covered by the conservation security contract.
(ii) An amount that does not exceed 75 percent (or, in the case of a beginning farmer or rancher, 90 percent) of the average county cost of adopting or maintaining practices for the 2001 crop year that are included in the conservation security contract, as described in subparagraph (C)(ii).
(iii) An enhanced payment that is determined in accordance with subparagraph (C)(iii).
(2) Limitation on payments
(A) In general
Subject to paragraphs (1) and (3), the Secretary shall make an annual payment, directly or indirectly, to an individual or entity covered by a conservation security contract in an amount not to exceed—
(i) in the case of a Tier I conservation security contract, $20,000;
(ii) in the case of a Tier II conservation security contract, $35,000; or
(iii) in the case of a Tier III conservation security contract, $45,000.
(B) Limitation on base payments
In applying the payment limitation under each of clauses (i), (ii), and (iii) of subparagraph (A), an individual or entity may not receive, directly or indirectly, payments described in clause (i) of paragraph (1)(C), (1)(D), or (1)(E), as appropriate, in an amount that exceeds—
(i) in the case of Tier I contracts, 25 percent of the applicable payment limitation; or
(ii) in the case of Tier II contracts and Tier III contracts, 30 percent of the applicable payment limitation.
(C) Other USDA payments
A producer shall not receive payments under the conservation security program and any other conservation program administered by the Secretary for the same practices on the same land.
(D) Commensurate share
To be eligible to receive a payment under this subpart, an individual or entity shall make contributions (including contributions of land, labor, management, equipment, or capital) to the operation of the farm that are at least commensurate with the share of the proceeds of the operation of the individual or entity.
(3) Equipment or facilities
A payment to a producer under this subpart shall not be provided for—
(A) construction or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or
(B) the purchase or maintenance of equipment or a non-land based structure that is not integral to a land-based practice, as determined by the Secretary.
(c) Minimum practice requirement
In determining a payment under subsection (b) of this section for a producer that receives a payment under another program administered by the Secretary that is contingent on complying with requirements under subchapter II or III of this chapter (relating to the use of highly erodible land or wetland), a payment under this subpart on land subject to those requirements shall be for practices only to the extent that the practices exceed minimum requirements for the producer under those subchapters, as determined by the Secretary.
(d) Regulations
The Secretary shall promulgate regulations that—
(1) provide for adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing payments, on a fair and equitable basis; and
(2) prescribe such other rules as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under subsection (b) of this section.
(e) Transfer or change of interest in land subject to conservation security contract
(1) In general
Except as provided in paragraph (2), the transfer, or change in the interest, of a producer in land subject to a conservation security contract shall result in the termination of the conservation security contract.
(2) Transfer of duties and rights
Paragraph (1) shall not apply if, not later than 60 days after the date of the transfer or change in the interest in land, the transferee of the land provides written notice to the Secretary that all duties and rights under the conservation security contract have been transferred to, and assumed by, the transferee.
(f) Enrollment procedure
In entering into conservation security contracts with producers under this subpart, the Secretary shall not use competitive bidding or any similar procedure.
(g) Technical assistance
For each of fiscal years 2003 through 2007, the Secretary shall provide technical assistance to producers for the development and implementation of conservation security contracts, in an amount not to exceed 15 percent of amounts expended for the fiscal year.
(
Prior Provisions
Prior sections 3838c to 3838f were repealed by
Section 3838c,
Section 3838d,
Section 3838e,
Section 3838f,
subpart b—farmland protection program
Codification
Section 2503(a) of
§3838h. Definitions
In this subpart:
(1) Eligible entity
The term "eligible entity" means—
(A) any agency of any State or local government or an Indian tribe (including a farmland protection board or land resource council established under State law); or
(B) any organization that—
(i) is organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of
(ii) is an organization described in section 501(c)(3) of that title that is exempt from taxation under section 501(a) of that title;
(iii) is described in section 509(a)(2) of that title; or
(iv) is described in section 509(a)(3), and is controlled by an organization described in section 509(a)(2), of that title.
(2) Eligible land
(A) In general
The term "eligible land" means land on a farm or ranch that—
(i)(I) has prime, unique, or other productive soil; or
(II) contains historical or archaeological resources; and
(ii) is subject to a pending offer for purchase from an eligible entity.
(B) Inclusions
The term "eligible land" includes, on a farm or ranch—
(i) cropland;
(ii) rangeland;
(iii) grassland;
(iv) pasture land; and
(v) forest land that is an incidental part of an agricultural operation, as determined by the Secretary.
(3) Indian tribe
The term "Indian tribe" has the meaning given the term in
(4) Program
The term "program" means the farmland protection program established under
(
§3838i. Farmland protection
(a) In general
The Secretary, acting through the Natural Resources Conservation Service, shall establish and carry out a farmland protection program under which the Secretary shall purchase conservation easements or other interests in eligible land that is subject to a pending offer from an eligible entity 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 subpart 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) Cost sharing
(1) Farmland protection
(A) Share provided under this subsection
The share of the cost of purchasing a conservation easement or other interest in eligible land described in subsection (a) of this section provided under
(B) Share not provided under this subsection
As part of the share of the cost of purchasing a conservation easement or other interest in eligible land described in subsection (a) of this section that is not provided under
(2) Bidding down
If the Secretary determines that 2 or more applications for the purchase of a conservation easement or other interest in eligible land described in subsection (a) of this section are comparable in achieving the purposes of this section, the Secretary shall not assign a higher priority to any 1 of those applications solely on the basis of lesser cost to the farmland protection program established under subsection (a) of this section.
(
§3838j. Farm viability program
(a) In general
The Secretary may provide to eligible entities identified by the Secretary grants for use in carrying out farm viability programs developed by the eligible entities and approved by the Secretary.
(b) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary for each of fiscal years 2002 through 2007.
(
subpart c—grassland reserve program
Codification
Section 2401 of
§3838n. Grassland reserve program
(a) Establishment
The Secretary shall establish a grassland reserve program (referred to in this subpart as the "program") to assist owners in restoring and conserving eligible land described in subsection (c) of this section.
(b) Enrollment conditions
(1) Maximum enrollment
The total number of acres enrolled in the program shall not exceed 2,000,000 acres of restored or improved grassland, rangeland, and pastureland.
(2) Methods of enrollment
(A) In general
Except as provided in subparagraph (B), the Secretary shall enroll in the program from a willing owner not less than 40 contiguous acres of land through the use of—
(i) a 10-year, 15-year, or 20-year rental agreement;
(ii)(I) a 30-year rental agreement or permanent or 30-year easement; or
(II) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law.
(B) Waiver
The Secretary may enroll in the program such parcels of land that are less than 40 acres as the Secretary determines are appropriate to achieve the purposes of the program.
(3) Limitation on use of easements and rental agreements
Of the total amount of funds expended under the program to acquire easements and rental agreements described in paragraph (2)(A)—
(A) not more than 40 percent shall be used for rental agreements described in paragraph (2)(A)(i); and
(B) not more than 60 percent shall be used for easements and rental agreements described in paragraph (2)(A)(ii).
(c) Eligible land
Land shall be eligible to be enrolled in the program if the Secretary determines that the land is private land that is—
(1) grassland, land that contains forbs, or shrubland (including improved rangeland and pastureland); or
(2) land that—
(A) is located in an area that has been historically dominated by grassland, forbs, or shrubland; and
(B) has potential to serve as habitat for animal or plant populations of significant ecological value if the land is—
(i) retained in the current use of the land; or
(ii) restored to a natural condition; or
(3) land that is incidental to land described in paragraph (1) or (2), if the incidental land is determined by the Secretary to be necessary for the efficient administration of an agreement or easement.
(
§3838o. Requirements relating to easements and agreements
(a) Requirements of landowner
(1) In general
To be eligible to enroll land in the program through the grant of an easement, the owner of the land shall enter into an agreement with the Secretary—
(A) to grant an easement that applies to the land to the Secretary;
(B) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement;
(C) to provide a written statement of consent to the easement signed by persons holding a security interest or any vested interest in the land;
(D) to provide proof of unencumbered title to the underlying fee interest in the land that is the subject of the easement; and
(E) to comply with the terms of the easement and restoration agreement.
(2) Agreements
To be eligible to enroll land in the program under an agreement, the owner or operator of the land shall agree—
(A) to comply with the terms of the agreement (including any related restoration agreements); and
(B) to the suspension of any existing cropland base and allotment history for the land under a program administered by the Secretary.
(b) Terms of easement or rental agreement
An easement or rental agreement under subsection (a) of this section shall—
(1) permit—
(A) common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species common to that locality;
(B) subject to appropriate restrictions during the nesting season for birds in the local area that are in significant decline or are conserved in accordance with Federal or State law, as determined by the Natural Resources Conservation Service State conservationist, haying, mowing, or harvesting for seed production; and
(C) fire rehabilitation and construction of fire breaks and fences (including placement of the posts necessary for fences);
(2) prohibit—
(A) the production of crops (other than hay), fruit trees, vineyards, or any other agricultural commodity that requires breaking the soil surface; and
(B) except as permitted under this subsection or subsection (d) of this section, the conduct of any other activity that would disturb the surface of the land covered by the easement or rental agreement; and
(3) include such additional provisions as the Secretary determines are appropriate to carry out or facilitate the administration of this subpart.
(c) Evaluation and ranking of easement and rental agreement applications
(1) In general
The Secretary shall establish criteria to evaluate and rank applications for easements and rental agreements under this subpart.
(2) Considerations
In establishing the criteria, the Secretary shall emphasize support for—
(A) grazing operations;
(B) plant and animal biodiversity; and
(C) grassland, land that contains forbs, and shrubland under the greatest threat of conversion.
(d) Restoration agreements
(1) In general
The Secretary shall prescribe the terms of a restoration agreement by which grassland, land that contains forbs, or shrubland that is subject to an easement or rental agreement entered into under the program shall be restored.
(2) Requirements
The restoration agreement shall describe the respective duties of the owner and the Secretary (including the Federal share of restoration payments and technical assistance).
(e) Violations
On a violation of the terms or conditions of an easement, rental agreement, or restoration agreement entered into under this section—
(1) the easement or rental agreement shall remain in force; and
(2) the Secretary may require the owner to refund all or part of any payments received by the owner under this subpart, with interest on the payments as determined appropriate by the Secretary.
(
§3838p. Duties of Secretary
(a) In general
In return for the granting of an easement, or the execution of a rental agreement, by an owner under this subpart, the Secretary shall, in accordance with this section—
(1) make easement or rental agreement payments to the owner in accordance with subsection (b) of this section; and
(2) make payments to the owner for the Federal share of the cost of restoration in accordance with subsection (c) of this section.
(b) Payments
(1) Easement payments
(A) Amount
In return for the granting of an easement by an owner under this subpart, the Secretary shall make easement payments to the owner in an amount equal to—
(i) in the case of a permanent easement, the fair market value of the land less the grazing value of the land encumbered by the easement; and
(ii) in the case of a 30-year easement or an easement for the maximum duration allowed under applicable State law, 30 percent of the fair market value of the land less the grazing value of the land for the period during which the land is encumbered by the easement.
(B) Schedule
Easement payments may be provided in not less than 1 payment nor more than 10 annual payments of equal or unequal amount, as agreed to by the Secretary and the owner.
(2) Rental agreement payments
In return for entering into a rental agreement by an owner under this subpart, the Secretary shall make annual payments to the owner during the term of the rental agreement in an amount that is not more than 75 percent of the grazing value of the land covered by the contract.
(c) Federal share of restoration
The Secretary shall make payments to an owner under this section of not more than—
(1) in the case of grassland, land that contains forbs, or shrubland that has never been cultivated, 90 percent of the costs of carrying out measures and practices necessary to restore functions and values of that land; or
(2) in the case of restored grassland, land that contains forbs, or shrubland, 75 percent of those costs.
(d) Payments to others
If an owner that is entitled to a payment under this subpart dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make the payment, in accordance with regulations promulgated 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 the circumstances.
(
§3838q. Delegation to private organizations
(a) In general
The Secretary may transfer title of ownership to an easement under this subpart to a private conservation or land trust organization (referred to in this section as a "private organization") or a State agency to hold and enforce an easement under this subpart, in lieu of the Secretary, subject to the right of the Secretary to conduct periodic inspections and enforce the easement, if—
(1) the Secretary determines that granting the permission will promote protection of grassland, land that contains forbs, and shrubland;
(2) the owner authorizes the private organization or State agency to hold and enforce the easement; and
(3) the private organization or State agency agrees to assume the costs incurred in administering and enforcing the easement, including the costs of restoration or rehabilitation of the land as specified by the owner and the private organization or State agency.
(b) Application
A private organization or State agency that seeks to hold and enforce an easement under this subpart shall apply to the Secretary for approval.
(c) Approval by Secretary
The Secretary may approve a private organization to hold and enforce an easement under this subpart if (as determined by the Secretary) the private organization—
(1)(A) is an organization described in
(B) is described in section 509(a)(3), and is controlled by an organization described in section 509(a)(2), of that title;
(2) has the relevant experience necessary to administer grassland and shrubland easements;
(3) has a charter that describes the commitment of the private organization to conserving ranchland, agricultural land, or grassland for grazing and conservation purposes; and
(4) has the resources necessary to effectuate the purposes of the charter.
(d) Reversion
If a private organization or State agency holding an easement on land under this subpart dissolves or fails to enforce the terms of the easement, the easement shall revert to the Secretary.
(
Amendments
2004—Subsec. (a).
Subsec. (d).
Part III—Environmental Easement Program
§3839. Environmental easement program
(a) Establishment
The Secretary shall, during the 1991 through 1995 calendar years, formulate and carry out an environmental easement program (hereafter in this part referred to as the "easement program") in accordance with this part, through the acquisition of permanent easements or easements for the maximum term permitted under applicable State law from willing owners of eligible farms or ranches in order to ensure the continued long-term protection of environmentally sensitive lands or reduction in the degradation of water quality on such farms or ranches through the continued conservation and improvement of soil and water resources.
(b) Eligibility; termination
(1) In general
The Secretary may acquire easements under this section on land placed in the conservation reserve under this subchapter (other than such land that is likely to continue to remain out of production and that does not pose an off-farm environmental threat), land under the Water Bank Act [
(A) contains riparian corridors;
(B) is an area of critical habitat for wildlife, especially threatened or endangered species; or
(C) contains other environmentally sensitive areas, as determined by the Secretary, that would prevent a producer from complying with other Federal, State, or local environmental goals if commodities were to be produced on such land.
(2) Ineligible land
The Secretary may not acquire easements on—
(A) land that contains timber stands established under the conservation reserve under this subchapter; or
(B) pasture land established to trees under the conservation reserve under this subchapter.
(3) Termination of existing contract
The Secretary may terminate or modify any existing contract entered into under
(
References in Text
The Water Bank Act, referred to in subsec. (b)(1), is
Amendments
1991—Subsec. (b)(1)(A).
§3839a. Duties of owners; components of plan
(a) Duties of owners
(1) Plan
In conjunction with the creation of an easement on any lands under this part, the owner of the farm or ranch wherein such lands are located must agree to implement a natural resource conservation management plan under subsection (b) of this section approved by the Secretary in consultation with the Secretary of the Interior.
(2) Agreement
In return for the creation of an easement on any lands under this part, the owner of the farm or ranch wherein such lands are located must agree to the following:
(A) To the creation and recordation of an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to under this part with respect to such lands.
(B) To provide a written statement of consent to such easement signed by those holding a security interest in the land.
(C) To comply with such additional provisions as the Secretary determines are desirable and are included in the easement to carry out this part or to facilitate the practical administration thereof.
(D) To specify the location of any timber harvesting on land subject to the easement. Harvesting and commercial sales of Christmas trees and nuts shall be prohibited on such land, except that no such easement or related agreement shall prohibit activities consistent with customary forestry practices, such as pruning, thinning, or tree stand improvement on lands converted to forestry uses.
(E) To limit the production of any agricultural commodity on such lands only to production for the benefit of wildlife.
(F) Not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the easement unless specifically provided for in the easement or related agreement.
(G) Not to adopt any other practice that would tend to defeat the purposes of this part, as determined by the Secretary.
(3) Violation
On the violation of the terms or conditions of the easement or related agreement entered into under 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 part, together with interest thereon as determined appropriate by the Secretary.
(b) Components of plan
The natural resource conservation management plan referred to in subsection (a)(1) of this section (hereafter referred to as the "plan")—
(1) shall set forth—
(A) the conservation measures and practices to be carried out by the owner of the land subject to the easement; and
(B) the commercial use, if any, to be permitted on such land during the term of the easement; and
(2) shall provide for the permanent retirement of any existing cropland base and allotment history for such land under any program administered by the Secretary.
(
§3839b. Duties of Secretary
In return for the granting of an easement by an owner under this part, the Secretary shall—
(1) share the cost of carrying out the establishment of conservation measures and practices set forth in the plan for which the Secretary determines that cost sharing is appropriate and in the public interest;
(2) pay for a period not to exceed 10 years annual easement payments in the aggregate not to exceed the lesser of—
(A) $250,000; or
(B) the difference in the value of the land with and without an easement;
(3) provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the plan; and
(4) permit the land to be used for wildlife activities, including hunting and fishing, if such use is permitted by the owner.
(
§3839c. Payments
(a) Time of payment
The Secretary shall provide payment for obligations incurred by the Secretary under this part—
(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) Cost sharing payments
In making cost sharing payments to owners under this part, the Secretary may pay up to 100 percent of the cost of establishing conservation measures and practices pursuant to this part.
(c) Easement payments; acceptability of offers
(1) Determination of amount
The Secretary shall determine the amount payable to owners in the form of easement payments under this part, and in making such determination may consider, among other things, the amount necessary to encourage owners to participate in the easement program.
(2) Acceptability of offers
In determining the acceptability of easement offers, the Secretary may take into consideration—
(A) the extent to which the purposes of the easement program would be achieved on the land;
(B) the productivity of the land; and
(C) the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities.
(d) Form of payment
Except as otherwise provided in this section, payments under this part—
(1) shall be made in cash in such amount and at such time as is agreed on and specified in the easement or related agreement; and
(2) may be made in advance of a determination of performance.
(e) Payments to others
If an owner who is entitled to a payment under this part 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) Payment limitation
(1) In general
The total amount of easement payments made to a person under this part for any year may not exceed $50,000.
(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 (
(4) State environmental enhancement
The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (
(g) Exemption from automatic sequester
Notwithstanding any other provision of law, no order issued under
(
References in Text
This Act, referred to in subsec. (f)(3), is
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (f)(3), is
The Agricultural Act of 1949, referred to in subsec. (f)(3), is act Oct. 31, 1949, ch. 792,
Section 1305(d) of the Agricultural Reconciliation Act of 1987, referred to in subsec. (f)(4), is section 1305(d) of
§3839d. Changes in ownership; modification of easement
(a) Limitations
No easement shall be created under this part 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 part.
(b) Modification; termination
(1) Modification
The Secretary may modify an easement acquired from, or a related agreement with, an owner under this part if—
(A) the current owner of the land agrees to such modification; and
(B) the Secretary determines that such modification is desirable—
(i) to carry out this part;
(ii) to facilitate the practical administration of this part; or
(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this part.
(2) Termination
(A) In general
The Secretary may terminate an easement created with an owner under this part if—
(i) the current owner of the land 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 subparagraph (A) all easements entered into under this part, 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.
(
Part IV—Environmental Quality Incentives Program
Codification
§3839aa. Purposes
The purposes of the environmental quality incentives program established by this part are to promote agricultural production and environmental quality as compatible goals, and to optimize environmental benefits, by—
(1) assisting producers in complying with local, State, and national regulatory requirements concerning—
(A) soil, water, and air quality;
(B) wildlife habitat; and
(C) surface and ground water conservation;
(2) avoiding, to the maximum extent practicable, the need for resource and regulatory programs by assisting producers in protecting soil, water, air, and related natural resources and meeting environmental quality criteria established by Federal, State, tribal, and local agencies;
(3) providing flexible assistance to producers to install and maintain conservation practices that enhance soil, water, related natural resources (including grazing land and wetland), and wildlife while sustaining production of food and fiber;
(4) assisting producers to make beneficial, cost effective changes to cropping systems, grazing management, nutrient management associated with livestock, pest or irrigation management, or other practices on agricultural land; and
(5) consolidating and streamlining conservation planning and regulatory compliance processes to reduce administrative burdens on producers and the cost of achieving environmental goals.
(
Prior Provisions
A prior section 3839aa,
§3839aa–1. Definitions
In this part:
(1) Beginning farmer or rancher
The term "beginning farmer or rancher" has the meaning provided under
(2) Eligible land
(A) In general
The term "eligible land" means land on which agricultural commodities or livestock are produced.
(B) Inclusions
The term "eligible land" includes—
(i) cropland;
(ii) grassland;
(iii) rangeland;
(iv) pasture land;
(v) private, nonindustrial forest land; and
(vi) other agricultural land that the Secretary determines poses a serious threat to soil, air, water, or related resources.
(3) Land management practice
The term "land management practice" means a site-specific nutrient or manure management, integrated pest management, irrigation management, tillage or residue management, grazing management, air quality management, or other land management practice carried out on eligible land that the Secretary determines is needed to protect from degradation, in the most cost-effective manner, water, soil, or related resources.
(4) Livestock
The term "livestock" means dairy cattle, beef cattle, laying hens, broilers, turkeys, swine, sheep, and other such animals as are determined by the Secretary.
(5) Practice
The term "practice" means 1 or more structural practices, land management practices, and comprehensive nutrient management planning practices.
(6) Structural practice
The term "structural practice" means—
(A) the establishment on eligible land of a site-specific animal waste management facility, terrace, grassed waterway, contour grass strip, filterstrip, tailwater pit, permanent wildlife habitat, constructed wetland, or other structural practice that the Secretary determines is needed to protect, in the most cost effective manner, water, soil, or related resources from degradation; and
(B) the capping of abandoned wells on eligible land.
(
Prior Provisions
A prior section 3839aa–1,
§3839aa–2. Establishment and administration of environmental quality incentives program
(a) Establishment
(1) In general
During each of the 2002 through 2010 fiscal years, the Secretary shall provide cost-share payments and incentive payments to producers that enter into contracts with the Secretary under the program.
(2) Eligible practices
With respect to practices implemented under this part—
(A) a producer that implements a structural practice in accordance with this part shall be eligible to receive cost-share payments; and
(B) a producer that implements a land management practice, or develops a comprehensive nutrient management plan, in accordance with this part shall be eligible to receive incentive payments.
(b) Practices and term
(1) Practices
A contract under this part may apply to 1 or more structural practices, land management practices, and comprehensive nutrient management practices.
(2) Term
A contract under this part shall have a term that—
(A) at a minimum, is equal to the period beginning on the date on which the contract is entered into and ending on the date that is 1 year after the date on which all practices under the contract have been implemented; but
(B) not to exceed 10 years.
(c) Bidding down
If the Secretary determines that the environmental values of 2 or more applications for cost-share payments or incentive payments are comparable, the Secretary shall not assign a higher priority to the application only because it would present the least cost to the program established under the program.
(d) Cost-share payments
(1) In general
Except as provided in paragraph (2), the cost-share payments provided to a producer proposing to implement 1 or more practices under the program shall be not more than 75 percent of the cost of the practice, as determined by the Secretary.
(2) Exceptions
(A) Limited resource and beginning farmers
The Secretary may increase the amount provided to a producer under paragraph (1) to not more than 90 percent if the producer is a limited resource or beginning farmer or rancher, as determined by the Secretary.
(B) Cost-share assistance from other sources
Except as provided in paragraph (3), any cost-share payments received by a producer from a State or private organization or person for the implementation of 1 or more practices on eligible land of the producer shall be in addition to the payments provided to the producer under paragraph (1).
(3) Other payments
A producer shall not be eligible for cost-share payments for practices on eligible land under the program if the producer receives cost-share payments or other benefits for the same practice on the same land under part I of this subchapter and the program.
(e) Incentive payments
(1) In general
The Secretary shall make incentive payments in an amount and at a rate determined by the Secretary to be necessary to encourage a producer to perform 1 or more land management practices.
(2) Special rule
In determining the amount and rate of incentive payments, the Secretary may accord great significance to a practice that promotes residue, nutrient, pest, invasive species, or air quality management.
(f) Modification or termination of contracts
(1) Voluntary modification or termination
The Secretary may modify or terminate a contract entered into with a producer under this part if—
(A) the producer agrees to the modification or termination; and
(B) the Secretary determines that the modification or termination is in the public interest.
(2) Involuntary termination
The Secretary may terminate a contract under this part if the Secretary determines that the producer violated the contract.
(g) Allocation of funding
For each of fiscal years 2002 through 2007, 60 percent of the funds made available for cost-share payments and incentive payments under this part shall be targeted at practices relating to livestock production.
(h) Funding for federally recognized Native American Indian Tribes and Alaska Native Corporations
The Secretary may enter into alternative funding arrangements with federally recognized Native American Indian Tribes and Alaska Native Corporations (including their affiliated membership organizations) if the Secretary determines that the goals and objectives of the program will be met by such arrangements, and that statutory limitations regarding contracts with individual producers as defined under this subchapter will not be exceeded by any Tribal or Native Corporation member.
(
Prior Provisions
A prior section 3839aa–2,
Amendments
2006—Subsec. (a)(1).
2004—Subsec. (h).
§3839aa–3. Evaluation of offers and payments
In evaluating applications for cost-share payments and incentive payments, the Secretary shall accord a higher priority to assistance and payments that—
(1) encourage the use by producers of cost-effective conservation practices; and
(2) address national conservation priorities.
(
Prior Provisions
A prior section 3839aa–3,
§3839aa–4. Duties of producers
To receive technical assistance, cost-share payments, or incentive payments under the program, a producer shall agree—
(1) to implement an environmental quality incentives program plan (including a comprehensive nutrient management plan, if applicable) that describes conservation and environmental purposes to be achieved through 1 or more practices that are approved by the Secretary;
(2) not to conduct any practices on the farm or ranch that would tend to defeat the purposes of the program;
(3) on the violation of a term or condition of the contract at anytime the producer has control of the land—
(A) if the Secretary determines that the violation warrants termination of the contract—
(i) to forfeit all rights to receive payments under the contract; and
(ii) to refund to the Secretary all or a portion of the payments received by the owner or operator under the contract, including any interest on the payments, as determined by the Secretary; or
(B) if the Secretary determines that the violation does not warrant termination of the contract, to refund to the Secretary, or accept adjustments to, the payments provided to the owner or operator, as the Secretary determines to be appropriate;
(4) on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees with the Secretary to assume all obligations of the contract, to refund all cost-share payments and incentive payments received under the program, as determined by the Secretary;
(5) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and
(6) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan.
(
Prior Provisions
A prior section 3839aa–4,
§3839aa–5. Environmental quality incentives program plan
(a) In general
To be eligible to receive cost-share payments or incentive payments under the program, a producer shall submit to the Secretary for approval a plan of operations that—
(1) specifies practices covered under the program;
(2) includes such terms and conditions as the Secretary considers necessary to carry out the program, including a description of the purposes to be met by the implementation of the plan; and
(3) in the case of a confined livestock feeding operation, provides for development and implementation of a comprehensive nutrient management plan, if applicable.
(b) Avoidance of duplication
The Secretary shall, to the maximum extent practicable, eliminate duplication of planning activities under the program under this part and comparable conservation programs.
(
Prior Provisions
A prior section 3839aa–5,
§3839aa–6. Duties of the Secretary
To the extent appropriate, the Secretary shall assist a producer in achieving the conservation and environmental goals of a program plan by—
(1) providing cost-share payments or incentive payments for developing and implementing 1 or more practices, as appropriate; and
(2) providing the producer with information and training to aid in implementation of the plan.
(
Prior Provisions
A prior section 3839aa–6,
§3839aa–7. Limitation on payments
An individual or entity may not receive, directly or indirectly, cost-share or incentive payments under this part that, in the aggregate, exceed $450,000 for all contracts entered into under this part by the individual or entity during any six-year period,1 (excluding funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations under
(
Prior Provisions
A prior section 3839aa–7,
Amendments
2006—
2004—
1 So in original. The comma probably should follow "title)".
§3839aa–8. Conservation innovation grants
(a) In general
The Secretary may pay the cost of competitive grants that are intended to stimulate innovative approaches to leveraging Federal investment in environmental enhancement and protection, in conjunction with agricultural production, through the program.
(b) Use
The Secretary may provide grants under this section to governmental and nongovernmental organizations and persons, on a competitive basis, to carry out projects that—
(1) involve producers that are eligible for payments or technical assistance under the program;
(2) implement projects, such as—
(A) market systems for pollution reduction; and
(B) innovative conservation practices, including the storing of carbon in the soil; and
(3) leverage funds made available to carry out the program under this part with matching funds provided by State and local governments and private organizations to promote environmental enhancement and protection in conjunction with agricultural production.
(c) Cost share
The amount of a grant made under this section to carry out a project shall not exceed 50 percent of the cost of the project.
(
Prior Provisions
A prior section 3839aa–8,
§3839aa–9. Ground and surface water conservation
(a) Establishment
In carrying out the program under this part, subject to subsection (b) of this section, the Secretary shall promote ground and surface water conservation by providing cost-share payments, incentive payments, and loans to producers to carry out eligible water conservation activities with respect to the agricultural operations of producers, to—
(1) improve irrigation systems;
(2) enhance irrigation efficiencies;
(3) convert to—
(A) the production of less water-intensive agricultural commodities; or
(B) dryland farming;
(4) improve the storage of water through measures such as water banking and groundwater recharge;
(5) mitigate the effects of drought; or
(6) institute other measures that improve groundwater and surface water conservation, as determined by the Secretary, in the agricultural operations of producers.
(b) Net savings
The Secretary may provide assistance to a producer under this section only if the Secretary determines that the assistance will facilitate a conservation measure that results in a net savings in groundwater or surface water resources in the agricultural operation of the producer.
(c) Funding
Of the funds of the Commodity Credit Corporation, in addition to amounts made available under
(1) to carry out this section—
(A) $25,000,000 for fiscal year 2002;
(B) $45,000,000 for fiscal year 2003; and
(C) $60,000,000 for each of fiscal years 2004 through 2007; and
(2) $50,000,000 to carry out water conservation activities in Klamath Basin, California and Oregon, to be made available as soon as practicable after May 13, 2002.
(
Part V—Other Conservation Programs
§3839bb. Conservation of private grazing land
(a) Purpose
It is the purpose of this section to authorize the Secretary to provide a coordinated technical, educational, and related assistance program to conserve and enhance private grazing land resources and provide related benefits to all citizens of the United States by—
(1) establishing a coordinated and cooperative Federal, State, and local grazing conservation program for management of private grazing land;
(2) strengthening technical, educational, and related assistance programs that provide assistance to owners and managers of private grazing land;
(3) conserving and improving wildlife habitat on private grazing land;
(4) conserving and improving fish habitat and aquatic systems through grazing land conservation treatment;
(5) protecting and improving water quality;
(6) improving the dependability and consistency of water supplies;
(7) identifying and managing weed, noxious weed, and brush encroachment problems on private grazing land; and
(8) integrating conservation planning and management decisions by owners and managers of private grazing land, on a voluntary basis.
(b) Definitions
In this section:
(1) Department
The term "Department" means the Department of Agriculture.
(2) Private grazing land
The term "private grazing land" means private, State-owned, tribally-owned, and any other non-federally owned rangeland, pastureland, grazed forest land, and hay land.
(3) Secretary
The term "Secretary" means the Secretary of Agriculture.
(c) Private grazing land conservation assistance
(1) Assistance to grazing landowners and others
Subject to the availability of appropriations for this section, the Secretary shall establish a voluntary program to provide technical, educational, and related assistance to owners and managers of private grazing land and public agencies, through local conservation districts, to enable the landowners, managers, and public agencies to voluntarily carry out activities that are consistent with this section, including—
(A) maintaining and improving private grazing land and the multiple values and uses that depend on private grazing land;
(B) implementing grazing land management technologies;
(C) managing resources on private grazing land, including—
(i) planning, managing, and treating private grazing land resources;
(ii) ensuring the long-term sustainability of private grazing land resources;
(iii) harvesting, processing, and marketing private grazing land resources; and
(iv) identifying and managing weed, noxious weed, and brush encroachment problems;
(D) protecting and improving the quality and quantity of water yields from private grazing land;
(E) maintaining and improving wildlife and fish habitat on private grazing land;
(F) enhancing recreational opportunities on private grazing land;
(G) maintaining and improving the aesthetic character of private grazing land;
(H) identifying the opportunities and encouraging the diversification of private grazing land enterprises; and
(I) encouraging the use of sustainable grazing systems, such as year-round, rotational, or managed grazing.
(2) Program elements
(A) Funding
If funding is provided to carry out this section, it shall be provided through a specific line-item in the annual appropriations for the Natural Resources Conservation Service.
(B) Technical assistance and education
Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, at the request of the owners and managers.
(d) Grazing technical assistance self-help
(1) Findings
Congress finds that—
(A) there is a severe lack of technical assistance for farmers and ranchers that graze livestock;
(B) Federal budgetary constraints preclude any significant expansion, and may force a reduction of, current levels of technical support; and
(C) farmers and ranchers have a history of cooperatively working together to address common needs in the promotion of their products and in the drainage of wet areas through drainage districts.
(2) Establishment of grazing demonstration
In accordance with paragraph (3), the Secretary may establish 2 grazing management demonstration districts at the recommendation of the grazing land conservation initiative steering committee.
(3) Procedure
(A) Proposal
Within a reasonable time after the submission of a request of an organization of farmers or ranchers engaged in grazing, the Secretary shall propose that a grazing management district be established.
(B) Funding
The terms and conditions of the funding and operation of the grazing management district shall be proposed by the producers.
(C) Approval
The Secretary shall approve the proposal if the Secretary determines that the proposal—
(i) is reasonable;
(ii) will promote sound grazing practices; and
(iii) contains provisions similar to the provisions contained in the beef promotion and research order issued under
(D) Area included
The area proposed to be included in a grazing management district shall be determined by the Secretary on the basis of an application by farmers or ranchers.
(E) Authorization
The Secretary may use authority under the Agricultural Adjustment Act (
(F) Activities
The activities of a grazing management district shall be scientifically sound activities, as determined by the Secretary in consultation with a technical advisory committee composed of ranchers, farmers, and technical experts.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2002 through 2007.
(
References in Text
The Agricultural Adjustment Act, referred to in subsec. (d)(3)(E), is title I of act May 12, 1933, ch. 25,
Amendments
2002—
§3839bb–1. Wildlife habitat incentive program
(a) In general
The Secretary, in consultation with the State technical committees established under
(b) Cost-share payments
(1) In general
Under the program, the Secretary shall make cost-share payments to landowners to develop—
(A) upland wildlife habitat;
(B) wetland wildlife habitat;
(C) habitat for threatened and endangered species;
(D) fish habitat; and
(E) other types of wildlife habitat approved by the Secretary.
(2) Increased cost share for long-term agreements
(A) In general
In a case in which the Secretary enters into an agreement or contract to protect and restore plant and animal habitat that has a term of at least 15 years, the Secretary may provide cost-share payments in addition to amounts provided under paragraph (1).
(B) Funding limitation
The Secretary may use, for a fiscal year, not more than 15 percent of funds made available under
(c) Regional equity
In carrying out this section, the Secretary shall, to the maximum extent practicable, ensure that regional issues of concern relating to wildlife habitat are addressed in an appropriate manner.
(
§3839bb–2. Grassroots source water protection program
(a) In general
The Secretary shall establish a national grassroots water protection program to more effectively use onsite technical assistance capabilities of each State rural water association that, as of May 13, 2002, operates a wellhead or groundwater protection program in the State.
(b) Authorization of appropriations
There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002 through 2007.
(
§3839bb–3. Great Lakes basin program for soil erosion and sediment control
(a) In general
The Secretary, in consultation with the Great Lakes Commission created by Article IV of the Great Lakes Basin Compact (
(b) Assistance
In carrying out the program, the Secretary may—
(1) provide project demonstration grants, provide technical assistance, and carry out information and education programs to improve water quality in the Great Lakes basin by reducing soil erosion and improving sediment control; and
(2) provide a priority for projects and activities that directly reduce soil erosion or improve sediment control.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002 through 2007.
(