16 USC CHAPTER 58, SUBCHAPTER IV, Part II, subpart d: grassland reserve program

From Title 16—CONSERVATIONCHAPTER 58—ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAMSUBCHAPTER IV—AGRICULTURAL RESOURCES CONSERVATION PROGRAMPart II—Conservation Security and Farmland Protection

subpart d—grassland reserve program

Codification

Pub. L. 110–234, title II, §§2301(a)(1), 2403, May 22, 2008, 122 Stat. 1040, 1051, and Pub. L. 110–246, §4(a), title II, §§2301(a)(1), 2403, June 18, 2008, 122 Stat. 1664, 1768, 1779, both redesignated subpart C of this part as subpart D. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234.

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 and purpose

The Secretary shall establish a grassland reserve program (referred to in this subpart as the "program") for the purpose of assisting owners and operators in protecting grazing uses and related conservation values by restoring and conserving eligible land through rental contracts, easements, and restoration agreements.

(b) Enrollment of acreage

(1) Acreage enrolled

The Secretary shall enroll an additional 1,220,000 acres of eligible land in the program during fiscal years 2009 through 2012.

(2) Methods of enrollment

The Secretary shall enroll eligible land in the program through the use of; ¹

(A) a 10-year, 15-year, or 20-year rental contract;

(B) a permanent easement; or

(C) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under the law of that State.

(3) Limitation

Of the total amount of funds expended under the program to acquire rental contracts and easements described in paragraph (2), the Secretary shall use, to the extent practicable—

(A) 40 percent for rental contacts; and

(B) 60 percent for easements.

(4) Enrollment of conservation reserve land

(A) Priority

Upon expiration of a contract under subpart B of part I of this subchapter, the Secretary shall give priority for enrollment in the program to land previously enrolled in the conservation reserve program if—

(i) the land is eligible land, as defined in subsection (c); and

(ii) the Secretary determines that the land is of high ecological value and under significant threat of conversion to uses other than grazing.

(B) Maximum enrollment

The number of acres of land enrolled under the priority described in subparagraph (A) in a calendar year shall not exceed 10 percent of the total number of acres enrolled in the program in that calendar year.

(c) Eligible land defined

For purposes of the program, the term "eligible land" means private or tribal land that—

(1) is grassland, land that contains forbs, or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;

(2) is located in an area that has been historically dominated by grassland, forbs, or shrubland, and the land—

(A) could provide habitat for animal or plant populations of significant ecological value if the land—

(i) is retained in its current use; or

(ii) is restored to a natural condition;

(B) contains historical or archaeological resources; or

(3) 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 a rental contract or easement under the program.

(Pub. L. 99–198, title XII, §1238N, as added Pub. L. 107–171, title II, §2401, May 13, 2002, 116 Stat. 258; Pub. L. 110–234, title II, §2403, May 22, 2008, 122 Stat. 1051; Pub. L. 110–246, §4(a), title II, §2403, June 18, 2008, 122 Stat. 1664, 1779.)

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Pub. L. 110–246, §2403, amended section generally. Prior to amendment, section related to establishment of a grassland reserve program, enrollment of a maximum of 2,000,000 acres of restored or improved grassland, rangeland, and pastureland, methods of enrollment, limitation on use of easements and rental agreements, and determination by Secretary of eligibility of land.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

¹ So in original. The semicolon probably should be a dash.

§3838o. Duties of owners and operators

(a) Rental contracts

To be eligible to enroll eligible land in the program under a rental contract, the owner or operator of the land shall agree—

(1) to comply with the terms of the contract and, when applicable, a restoration agreement;

(2) to suspend any existing cropland base and allotment history for the land under another program administered by the Secretary; and

(3) to implement a grazing management plan, as approved by the Secretary, which may be modified upon mutual agreement of the parties.

(b) Easements

To be eligible to enroll eligible land in the program through an easement, the owner of the land shall agree—

(1) to grant an easement to the Secretary or to an eligible entity described in section 3838q of this title;

(2) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement;

(3) to provide a written statement of consent to the easement signed by persons holding a security interest or any vested interest in the land;

(4) to provide proof of unencumbered title to the underlying fee interest in the land that is the subject of the easement;

(5) to comply with the terms of the easement and, when applicable, a restoration agreement;

(6) to implement a grazing management plan, as approved by the Secretary, which may be modified upon mutual agreement of the parties; and

(7) to eliminate any existing cropland base and allotment history for the land under another program administered by the Secretary.

(c) Restoration agreements

(1) When applicable

To be eligible for cost-share assistance to restore eligible land subject to a rental contract or an easement under the program, the owner or operator of the land shall agree to comply with the terms of a restoration agreement.

(2) Terms and conditions

The Secretary shall prescribe the terms and conditions of a restoration agreement by which eligible land that is subject to a rental contract or easement under the program shall be restored.

(3) Duties

The restoration agreement shall describe the respective duties of the owner or operator and the Secretary, including the Federal share of restoration payments and technical assistance.

(d) Terms and conditions applicable to rental contracts and easements

(1) Permissible activities

The terms and conditions of a rental contract or easement under the program shall 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 appropriate to that locality;

(B) haying, mowing, or harvesting for seed production, 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 State Conservationist;

(D) grazing related activities, such as fencing and livestock watering.

(2) Prohibitions

The terms and conditions of a rental contract or easement under the program shall prohibit—

(A) the production of crops (other than hay), fruit trees, vineyards, or any other agricultural commodity that is inconsistent with maintaining grazing land; and

(B) except as permitted under a restoration plan, the conduct of any other activity that would be inconsistent with maintaining grazing land enrolled in the program.

(3) Additional terms and conditions

A rental contract or easement under the program shall include such additional provisions as the Secretary determines are appropriate to carry out or facilitate the purposes and administration of the program.

(e) Violations

On a violation of the terms or conditions of a rental contract, easement, or restoration agreement entered into under this section—

(1) the contract or easement shall remain in force; and

(2) the Secretary may require the owner or operator to refund all or part of any payments received under the program, 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; amended Pub. L. 110–234, title II, §2403, May 22, 2008, 122 Stat. 1052; Pub. L. 110–246, §4(a), title II, §2403, June 18, 2008, 122 Stat. 1664, 1780.)

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Pub. L. 110–246, §2403, amended section generally. Prior to amendment, section related to requirements relating to easements and agreements.

Effective Date of 2008 Amendment

§3838p. Duties of Secretary

(a) Evaluation and ranking of applications

(1) Criteria

The Secretary shall establish criteria to evaluate and rank applications for rental contracts and easements under the program.

(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 to uses other than grazing.

(b) Payments

(1) In general

In return for the execution of a rental contract or the granting of an easement by an owner or operator under the program, the Secretary shall—

(A) make rental contract or easement payments to the owner or operator in accordance with paragraphs (2) and (3); and

(B) make payments to the owner or operator under a restoration agreement for the Federal share of the cost of restoration in accordance with paragraph (4).

(2) Rental contract payments

(A) Percentage of grazing value of land

In return for the execution of a rental contract by an owner or operator under the program, the Secretary shall make annual payments during the term of the contract in an amount, subject to subparagraph (B), that is not more than 75 percent of the grazing value of the land covered by the contract.

(B) Payment limitation

Payments made under 1 or more rental contracts to a person or legal entity, directly or indirectly, may not exceed, in the aggregate, $50,000 per year.

(3) Easement payments

(A) In general

Subject to subparagraph (B), in return for the granting of an easement by an owner under the program, the Secretary shall make easement payments in an amount not to exceed the fair market value of the land less the grazing value of the land encumbered by the easement.

(B) Method for determination of compensation

In making a determination under subparagraph (A), the Secretary shall pay as compensation for a ¹ easement acquired under the program the lowest of—

(i) the fair market value of the land encumbered by the easement, as determined by the Secretary, using—

(I) the Uniform Standards of Professional Appraisal Practices; or

(II) an area-wide market analysis or survey;

(ii) the amount corresponding to a geographical cap, as determined by the Secretary in regulations; or

(iii) the offer made by the landowner.

(C) Schedule

Easement payments may be provided in up to 10 annual payments of equal or unequal amount, as agreed to by the Secretary and the owner.

(4) Restoration agreement payments

(A) Federal share of restoration

The Secretary shall make payments to an owner or operator under a restoration agreement of not more than 50 percent of the costs of carrying out measures and practices necessary to restore functions and values of that land.

(B) Payment limitation

Payments made under 1 or more restoration agreements to a person or legal entity, directly or indirectly, may not exceed, in the aggregate, $50,000 per year.

(5) Payments to others

If an owner or operator who is entitled to a payment under the program 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; amended Pub. L. 110–234, title II, §2403, May 22, 2008, 122 Stat. 1054; Pub. L. 110–246, §4(a), title II, §2403, June 18, 2008, 122 Stat. 1664, 1782.)

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Pub. L. 110–246, §2403, amended section generally. Prior to amendment, section related to: in subsec. (a), duty of Secretary to make payments to an owner; in subsec. (b), amount of payments; in subsec. (c), Federal share of restoration; and in subsec. (d), payments to others.

Effective Date of 2008 Amendment

¹ So in original. Probably should be "an".

§3838q. Delegation of duty

(a) Authority to delegate

The Secretary may delegate a duty under the program—

(1) by transferring title of ownership to an easement to an eligible entity to hold and enforce; or

(2) by entering into a cooperative agreement with an eligible entity for the eligible entity to own, write, and enforce an easement.

(b) Eligible entity defined

In this section, the term "eligible entity" means—

(1) an agency of State or local government or an Indian tribe; or

(2) an organization that—

(A) is organized for, and at all times since the formation of the organization has been operated principally for, one or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of title 26;

(B) is an organization described in section 501(c)(3) of that title that is exempt from taxation under section 501(a) of that title; and

(i) paragraph (1) or (2) of section 509(a) of that title; or

(ii) in section 509(a)(3) of that title, and is controlled by an organization described in section 509(a)(2) of that title.

(c) Transfer of title of ownership

(1) Transfer

The Secretary may transfer title of ownership to an easement to an eligible entity to hold and enforce, in lieu of the Secretary, subject to the right of the Secretary to conduct periodic inspections and enforce the easement, if—

(A) the Secretary determines that the transfer will promote protection of grassland, land that contains forbs, or shrubland;

(B) the owner authorizes the eligible entity to hold or enforce the easement; and

(C) the eligible entity 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 eligible entity.

(2) Application

An eligible entity that seeks to hold and enforce an easement shall apply to the Secretary for approval.

(3) Approval by Secretary

The Secretary may approve an application described in paragraph (2) if the eligible entity—

(A) has the relevant experience necessary, as appropriate for the application, to administer an easement on grassland, land that contains forbs, or shrubland;

(B) has a charter that describes a commitment to conserving ranchland, agricultural land, or grassland for grazing and conservation purposes; and

(d) Cooperative agreements

(1) Authorized; terms and conditions

The Secretary shall establish the terms and conditions of a cooperative agreement under which an eligible entity shall use funds provided by the Secretary to own, write, and enforce an easement, in lieu of the Secretary.

(2) Minimum requirements

At a minimum, the cooperative agreement shall—

(A) specify the qualification of the eligible entity to carry out the entity's responsibilities under the program, including acquisition, monitoring, enforcement, and implementation of management policies and procedures that ensure the long-term integrity of the easement protections;

(B) require the eligible entity 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 eligible entity;

(C) specify the right of the Secretary to conduct periodic inspections to verify the eligible entity's enforcement of the easement;

(D) subject to subparagraph (E), identify a specific project or a range of projects to be funded under the agreement;

(E) allow, upon mutual agreement of the parties, substitution of qualified projects that are identified at the time of substitution;

(F) specify the manner in which the eligible entity will evaluate and report the use of funds to the Secretary;

(G) allow the eligible entity flexibility to develop and use terms and conditions for easements, if the Secretary finds the terms and conditions consistent with the purposes of the program and adequate to enable effective enforcement of the easements;

(H) if applicable, allow an eligible entity to include a charitable donation or qualified conservation contribution (as defined by section 170(h) of title 26) from the landowner from which the easement will be purchased as part of the entity's share of the cost to purchase an easement; and

(I) provide for a schedule of payments to an eligible entity, as agreed to by the Secretary and the eligible entity.

(3) Cost sharing

(A) In general

As part of a cooperative agreement with an eligible entity under this subsection, the Secretary may provide a share of the purchase price of an easement under the program.

(B) Minimum share by eligible entity

The eligible entity shall be required to provide a share of the purchase price at least equivalent to that provided by the Secretary.

(C) Priority

The Secretary may accord a higher priority to proposals from eligible entities that leverage a greater share of the purchase price of the easement.

(4) Violation

If an eligible entity violates the terms or conditions of a cooperative agreement entered into under this subsection—

(A) the cooperative agreement shall remain in force; and

(B) the Secretary may require the eligible entity to refund all or part of any payments received by the eligible entity under the program, with interest on the payments as determined appropriate by the Secretary.

(e) Protection of Federal investment

When delegating a duty under this section, the Secretary shall ensure that the terms of an easement include a contingent right of enforcement for the Department.

(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; Pub. L. 110–234, title II, §2403, May 22, 2008, 122 Stat. 1055; Pub. L. 110–246, §4(a), title II, §2403, June 18, 2008, 122 Stat. 1664, 1783.)

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Pub. L. 110–246, §2403, amended section generally. Prior to amendment, section related to delegation to private organizations.

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.