subpart c—grassland reserve program

Codification

Section 2401 of Pub. L. 107–171, which directed that subchapter C (this subpart) be added at the end of chapter 2 of the Food Security Act of 1985, was executed by adding subchapter C at the end of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (this part) to reflect the probable intent of Congress.

§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.

(Pub. L. 99–198, title XII, §1238N, as added Pub. L. 107–171, title II, §2401, May 13, 2002, 116 Stat. 258.)

§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.

(Pub. L. 99–198, title XII, §1238O, as added Pub. L. 107–171, title II, §2401, May 13, 2002, 116 Stat. 259.)

§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.

(Pub. L. 99–198, title XII, §1238P, as added Pub. L. 107–171, title II, §2401, May 13, 2002, 116 Stat. 261.)

§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 section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of that title; or

(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.

(Pub. L. 99–198, title XII, §1238Q, as added Pub. L. 107–171, title II, §2401, May 13, 2002, 116 Stat. 262; amended Pub. L. 108–447, div. A, title VII, §797, Dec. 8, 2004, 118 Stat. 2852.)

Amendments

2004—Subsec. (a). Pub. L. 108–447, §797(1), substituted "transfer title of ownership to an easement under this subpart to" for "permit" in introductory provisions.

Subsec. (d). Pub. L. 108–447, §797(2), added subsec. (d) and struck out heading and text of former subsec. (d). Text consisted of pars. (1) and (2) relating to reassignment of easements to new private organizations or the Secretary.