-CITE-
    16 USC CHAPTER 58 - ERODIBLE LAND AND WETLAND
           CONSERVATION AND RESERVE PROGRAM                01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         

-HEAD-
      CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                                  PROGRAM

-MISC1-
                        SUBCHAPTER I - DEFINITIONS                    
    Sec.                                                     
    3801.       Definitions.                                          

             SUBCHAPTER II - HIGHLY ERODIBLE LAND CONSERVATION         
    3811.       Program ineligibility.                                
    3812.       Exemptions.                                           
    3812a.      Development and implementation of conservation plans
                 and conservation systems.                            
    3813.       Soil surveys.                                         
    3814.       Notice and investigation of possible compliance
                 deficiencies.                                        

                   SUBCHAPTER III - WETLAND CONSERVATION               
    3821.       Program ineligibility.                                
    3822.       Delineation of wetlands; exemptions.                  
    3823.       Affiliated persons.                                   
    3824.       Fairness of compliance.                               

        SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM    

          PART I - COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM      

                      SUBPART A - GENERAL PROVISIONS                  
    3830.       Comprehensive conservation enhancement program.       
    3830a.      Repealed.                                             

                     SUBPART B - CONSERVATION RESERVE                 
    3831.       Conservation reserve.                                 
    3832.       Duties of owners and operators.                       
    3833.       Duties of the Secretary.                              
    3834.       Payments.                                             
    3835.       Contracts.                                            
    3835a.      Conversion of land subject to contract to other
                 conserving uses.                                     

                   SUBPART C - WETLANDS RESERVE PROGRAM               
    3837.       Wetlands reserve program.                             
    3837a.      Easements and agreements.                             
    3837b.      Duties of owners.                                     
    3837c.      Duties of Secretary.                                  
    3837d.      Payments.                                             
    3837e.      Changes in ownership; agreement modification;
                 termination.                                         
    3837f.      Administration and funding.                           

          PART II - CONSERVATION SECURITY AND FARMLAND PROTECTION      

                 SUBPART A - CONSERVATION SECURITY PROGRAM             
    3838.       Definitions.                                          
    3838a.      Conservation security program.                        
    3838b.      Duties of producers.                                  
    3838c.      Duties of the Secretary.                              

                  SUBPART B - FARMLAND PROTECTION PROGRAM              
    3838h.      Definitions.                                          
    3838i.      Farmland protection.                                  
    3838j.      Farm viability program.                               

                   SUBPART C - GRASSLAND RESERVE PROGRAM               
    3838n.      Grassland reserve program.                            
    3838o.      Requirements relating to easements and agreements.    
    3838p.      Duties of Secretary.                                  
    3838q.      Delegation to private organizations.                  

                 PART III - ENVIRONMENTAL EASEMENT PROGRAM             
    3839.       Environmental easement program.                       
    3839a.      Duties of owners; components of plan.                 
    3839b.      Duties of Secretary.                                  
    3839c.      Payments.                                             
    3839d.      Changes in ownership; modification of easement.       

            PART IV - ENVIRONMENTAL QUALITY INCENTIVES PROGRAM        
    3839aa.     Purposes.                                             
    3839aa-1.   Definitions.                                          
    3839aa-2.   Establishment and administration of environmental
                 quality incentives program.                          
    3839aa-3.   Evaluation of offers and payments.                    
    3839aa-4.   Duties of producers.                                  
    3839aa-5.   Environmental quality incentives program plan.        
    3839aa-6.   Duties of the Secretary.                              
    3839aa-7.   Limitation on payments.                               
    3839aa-8.   Conservation innovation grants.                       
    3839aa-9.   Ground and surface water conservation.                

                   PART V - OTHER CONSERVATION PROGRAMS               
    3839bb.     Conservation of private grazing land.                 
    3839bb-1.   Wildlife habitat incentive program.                   
    3839bb-2.   Grassroots source water protection program.           
    3839bb-3.   Great Lakes basin program for soil erosion and
                 sediment control.                                    

                 SUBCHAPTER V - FUNDING AND ADMINISTRATION             
    3841.       Commodity Credit Corporation.                         
    3842.       Delivery of technical assistance.                     
    3843.       Administration of CCEP.                               
    3844.       Administrative requirements for conservation programs.

                SUBCHAPTER VI - STATE TECHNICAL COMMITTEES            
    3861.       Establishment.                                        
    3862.       Responsibilities.                                     

-End-

-CITE-
    16 USC SUBCHAPTER I - DEFINITIONS                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER I - DEFINITIONS

-HEAD-
                        SUBCHAPTER I - DEFINITIONS                    

-End-

-CITE-
    16 USC Sec. 3801                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER I - DEFINITIONS

-HEAD-
    Sec. 3801. Definitions

-STATUTE-
      (a) For purposes of subchapters I through V of this chapter:
        (1) The term "agricultural commodity" means - 
          (A) any agricultural commodity planted and produced in a
        State by annual tilling of the soil, including tilling by one-
        trip planters; or
          (B) sugarcane planted and produced in a State.

        (2) Conservation plan. - The term "conservation plan" means the
      document that - 
          (A) applies to highly erodible cropland;
          (B) describes the conservation system applicable to the
        highly erodible cropland and describes the decisions of the
        person with respect to location, land use, tillage systems, and
        conservation treatment measures and schedule; and
          (C) is approved by the local soil conservation district, in
        consultation with the local committees established under
        section 590h(b)(5) of this title and the Secretary, or by the
        Secretary.

        (3) Conservation system. - The term "conservation system" means
      a combination of 1 or more conservation measures or management
      practices that - 
          (A) are based on local resource conditions, available
        conservation technology, and the standards and guidelines
        contained in the Natural Resources Conservation Service field
        office technical guides; and
          (B) are designed to achieve, in a cost effective and
        technically practicable manner, a substantial reduction in soil
        erosion or a substantial improvement in soil conditions on a
        field or group of fields containing highly erodible cropland
        when compared to the level of erosion or soil conditions that
        existed before the application of the conservation measures and
        management practices.

        (4) The term "conservation district" means any district or unit
      of State or local government formed under State or territorial
      law for the express purpose of developing and carrying out a
      local soil and water conservation program. Such district or unit
      of government may be referred to as a "conservation district",
      "soil conservation district", "soil and water conservation
      district", "resource conservation district", "natural resource
      district", "land conservation committee", or a similar name.
        (5) The term "cost sharing payment" means a payment made by the
      Secretary to an owner or operator of a farm or ranch containing
      highly erodible cropland under the provisions of section 3834(b)
      of this title.
        (6)(A) The term "converted wetland" means wetland that has been
      drained, dredged, filled, leveled, or otherwise manipulated
      (including any activity that results in impairing or reducing the
      flow, circulation, or reach of water) for the purpose or to have
      the effect of making the production of an agricultural commodity
      possible if - 
          (i) such production would not have been possible but for such
        action; and
          (ii) before such action - 
            (I) such land was wetland; and
            (II) such land was neither highly erodible land nor highly
          erodible cropland.

        (B) Wetland shall not be considered converted wetland if
      production of an agricultural commodity on such land during a
      crop year - 
          (i) is possible as a result of a natural condition, such as
        drought; and
          (ii) is not assisted by an action of the producer that
        destroys natural wetland characteristics.

        (7) Field. - The term "field" means a part of a farm that is
      separated from the balance of the farm by permanent boundaries
      such as fences, roads, permanent waterways, or other similar
      features. At the option of the owner or operator of the farm,
      croplines may also be used to delineate a field if farming
      practices make it probable that the croplines are not subject to
      change. Any highly erodible land on which an agricultural
      commodity is produced after December 23, 1985, and that is not
      exempt under section 3812 of this title, shall be considered as
      part of the field in which the land was included on December 23,
      1985, unless the owner and Secretary agree to modification of the
      boundaries of the field to carry out this chapter.
        (8) The term "highly erodible cropland" means highly erodible
      land that is in cropland use, as determined by the Secretary.
        (9)(A) The term "highly erodible land" means land - 
          (i) that is classified by the Soil Conservation Service as
        class IV, VI, VII, or VIII land under the land capability
        classification system in effect on December 23, 1985; or
          (ii) that has, or that if used to produce an agricultural
        commodity, would have an excessive average annual rate of
        erosion in relation to the soil loss tolerance level, as
        established by the Secretary, and as determined by the
        Secretary through application of factors from the universal
        soil loss equation and the wind erosion equation, including
        factors for climate, soil erodibility, and field slope.

        (B) For purposes of this paragraph, the land capability class
      or rate of erosion for a field shall be that determined by the
      Secretary to be the predominant class or rate of erosion under
      regulations issued by the Secretary.
        (C) Equations. - Not later than 60 days after the date of
      enactment of this subparagraph, the Secretary shall publish in
      the Federal Register the universal soil loss equation and wind
      erosion equation used by the Department of Agriculture as of that
      date. The Secretary may not change the equations after that date
      except following notice and comment in a manner consistent with
      section 553 of title 5.
        (10) The term "hydric soil" means soil that, in its undrained
      condition, is saturated, flooded, or ponded long enough during a
      growing season to develop an anaerobic condition that supports
      the growth and regeneration of hydrophytic vegetation.
        (11) The term "hydrophytic vegetation" means a plant growing in
      - 
          (A) water; or
          (B) a substrate that is at least periodically deficient in
        oxygen during a growing season as a result of excessive water
        content.

        (12) The term "in-kind commodities" means commodities that are
      normally produced on land that is the subject of an agreement
      entered into under subchapter IV of this chapter.
        (13) The term "rental payment" means a payment made by the
      Secretary to an owner or operator of a farm or ranch containing
      highly erodible cropland to compensate the owner or operator for
      retiring such land from crop production and placing such land in
      the conservation reserve in accordance with subchapter IV of this
      chapter.
        (14) The term "Secretary" means the Secretary of Agriculture.
        (15) The term "shelterbelt" means a vegetative barrier with a
      linear configuration composed of trees, shrubs, and other
      approved perennial vegetation.
        (16) The term "State" means each of the 50 States, the District
      of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
      Islands of the United States, American Samoa, the Commonwealth of
      the Northern Mariana Islands, or the Trust Territory of the
      Pacific Islands.
        (17) The term "vegetative cover" means - 
          (A) perennial grasses, legumes, forbs, or shrubs with an
        expected life span of 5 or more years; or
          (B) trees.

        (18) The term "wetland", except when such term is part of the
      term "converted wetland", means land that - 
          (A) has a predominance of hydric soils;
          (B) is inundated or saturated by surface or groundwater at a
        frequency and duration sufficient to support a prevalence of
        hydrophytic vegetation typically adapted for life in saturated
        soil conditions; and
          (C) under normal circumstances does support a prevalence of
        such vegetation.

      For purposes of this Act, and any other Act, this term shall not
      include lands in Alaska identified as having high potential for
      agricultural development which have a predominance of permafrost
      soils.

      (b) The Secretary shall develop - 
        (1) criteria for the identification of hydric soils and
      hydrophytic vegetation; and
        (2) lists of such soils and such vegetation.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1201, Dec. 23, 1985, 99 Stat.
    1504; Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 714; Pub. L.
    101-624, title XIV, Sec. 1421(a), Nov. 28, 1990, 104 Stat. 3572;
    Pub. L. 104-127, title III, Sec. 301(a)-(c), Apr. 4, 1996, 110
    Stat. 980, 981.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(7), was in the original
    "this title", meaning title XII of Pub. L. 99-198, which enacted
    this chapter and section 2005a of this title and amended sections
    590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and
    4209 of Title 7, Agriculture, and provisions set out as a note
    under section 1981 of Title 7.
      The date of enactment of this subparagraph, referred to in
    subsec. (a)(9)(C), is the date of enactment of Pub. L. 104-127,
    which was approved Apr. 4, 1996.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2) to (6). Pub. L. 104-127, Sec. 301(a), added
    pars. (2) and (3) and redesignated former pars. (2) to (4) as (4)
    to (6), respectively. Former pars. (5) and (6) redesignated (7) and
    (8), respectively.
      Subsec. (a)(7). Pub. L. 104-127, Sec. 301(b), added par. (7) and
    struck out former par. (7) which read as follows: "The term 'field'
    means such term as is defined in section 718.2(b)(9) of title 7 of
    the Code of Federal Regulations (as of January 1, 1985), except
    that any highly erodible land on which an agricultural commodity is
    produced after December 23, 1985, and that is not exempt under
    section 3812 of this title shall be considered as part of the field
    in which such land was included on December 23, 1985, unless the
    Secretary permits modification of the boundaries of the field to
    carry out subchapters I through V of this chapter."
      Pub. L. 104-127, Sec. 301(a)(1), redesignated par. (5) as (7).
    Former par. (7) redesignated (9).
      Subsec. (a)(8). Pub. L. 104-127, Sec. 301(a)(1), redesignated
    par. (6) as (8). Former par. (8) redesignated (10).
      Subsec. (a)(9). Pub. L. 104-127, Sec. 301(a)(1), redesignated
    par. (7) as (9). Former par. (9) redesignated (11).
      Subsec. (a)(9)(C). Pub. L. 104-127, Sec. 301(c), added subpar.
    (C).
      Subsec. (a)(10) to (18). Pub. L. 104-127, Sec. 301(a)(1),
    redesignated pars. (8) to (16) as (10) to (18), respectively.
      1990 - Subsec. (a)(16). Pub. L. 101-624 substituted introductory
    provisions and subpars. (A) to (C) for "The term 'wetland', except
    when such term is part of the term 'converted wetland', means land
    that has a predominance of hydric soils and that is inundated or
    saturated by surface or groundwater at a frequency and duration
    sufficient to support, and that under normal circumstances does
    support, a prevalence of hydrophytic vegetation typically adapted
    for life in saturated soil conditions."
      1986 - Subsec. (a)(16). Pub. L. 99-349 inserted provision that
    for purposes of this Act, and any other Act, the term "wetland"
    shall not include lands in Alaska identified as having high
    potential for agricultural development which have a predominance of
    permafrost soils.

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-234, title III, Sec. 3001, June 15, 2006, 120 Stat.
    474, provided that: "This title [amending section 3831 of this
    title] may be cited as the 'Emergency Agricultural Disaster
    Assistance Act of 2006'."

                       SHORT TITLE OF 2003 AMENDMENT                   
      Pub. L. 108-7, div. N, title II, Sec. 201, Feb. 20, 2003, 117
    Stat. 538, provided that: "This title [amending sections 3832 and
    3841 of this title] may be cited as the 'Agricultural Assistance
    Act of 2003'."

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-387, Sec. 1(a) [title XI, Sec. 1101], Oct. 28, 2000,
    114 Stat. 1549, 1549A-75, provided that: "This title [amending
    sections 3831 and 3832 of this title and enacting provisions set
    out as notes under section 3831 of this title] may be cited as the
    'Conservation of Farmable Wetland Act of 2000'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Section 1401 of title XIV of Pub. L. 101-624 provided that: "This
    title [enacting sections 1003a, 1010, 3824, 3830, 3835a, 3837 to
    3837f, 3838 to 3838f, 3839 to 3839d, 3846, 3847, 3861, and 3862 of
    this title and sections 136i-1, 2814, 3130, 5401 to 5403, 5501 to
    5506 and 5822 of Title 7, Agriculture, amending this section,
    sections 590p, 1002, 1003, 3459, 3461, 3811, 3812, 3821 to 3823,
    3831, 3832, 3834, 3835, 3836, 3843, and 3845 of this title, and
    sections 136a, 136a-1, 136d, 136w-3, 450i, and 4202 of Title 7, and
    enacting provisions set out as notes under this section and
    sections 2101 and 3831 of this title and sections 136a and 4201 of
    Title 7] may be cited as the 'Conservation Program Improvements
    Act'."

                                SHORT TITLE                            
      Title XII of Pub. L. 99-198, which is classified principally to
    this chapter, is popularly known as the "Sodbuster Law".

                                REGULATIONS                            
      Pub. L. 107-171, title II, Sec. 2702, May 13, 2002, 116 Stat.
    279, provided that:
      "(a) In General. - Except as otherwise provided in this title
    [see Tables for classification] or an amendment made by this title,
    not later than 90 days after the date of enactment of this Act [May
    13, 2002], the Secretary of Agriculture, in consultation with the
    Commodity Credit Corporation, shall promulgate such regulations as
    are necessary to implement this title.
      "(b) Applicable Authority. - The promulgation of regulations
    under subsection (a) and administration of this title - 
        "(1) shall - 
          "(A) be carried out without regard to chapter 35 of title 44,
        United States Code (commonly known as the Paperwork Reduction
        Act); and
          "(B) 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
        "(2) may - 
          "(A) be promulgated with an opportunity for notice and
        comment; or
          "(B) if determined to be appropriate by the Secretary of
        Agriculture or the Commodity Credit Corporation, as an interim
        rule effective on publication with an opportunity for notice
        and comment.
      "(c) Congressional Review of Agency Rulemaking. - In carrying out
    this section, the Secretary shall use the authority provided under
    section 808(2) of title 5, United States Code."

-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-MISC2-
              REFORM AND ASSESSMENT OF CONSERVATION PROGRAMS          
      Pub. L. 107-171, title II, Sec. 2005, May 13, 2002, 116 Stat.
    237, provided that:
      "(a) In General. - The Secretary of Agriculture shall develop a
    plan to coordinate land retirement and agricultural working land
    conservation programs that are administered by the Secretary to
    achieve the goals of - 
        "(1) eliminating redundancy;
        "(2) streamlining program delivery; and
        "(3) improving services provided to agricultural producers
      (including the reevaluation of the provision of technical
      assistance).
      "(b) Report. - Not later than December 31, 2005, the Secretary of
    Agriculture shall submit to the Committee on Agriculture of the
    House of Representatives and the Committee on Agriculture,
    Nutrition, and Forestry of the Senate, a report that describes - 
        "(1) the plan developed under subsection (a); and
        "(2) the means by which the Secretary intends to achieve the
      goals described in subsection (a)."

                CONSERVATION CORRIDOR DEMONSTRATION PROGRAM            
      Pub. L. 107-171, title II, subtitle G, May 13, 2002, 116 Stat.
    275, provided that:

      "SEC. 2601. DEFINITIONS.
      "In this subtitle:
        "(1) Delmarva peninsula. - The term 'Delmarva Peninsula' means
      land in the States of Delaware, Maryland, and Virginia located on
      the east side of the Chesapeake Bay.
        "(2) Demonstration program. - The term 'demonstration program'
      means the Conservation Corridor Demonstration Program established
      under this subtitle.
        "(3) Conservation corridor plan; plan. - The terms
      'conservation corridor plan' and 'plan' mean a conservation
      corridor plan required to be submitted and approved as a
      condition for participation in the demonstration program.
        "(4) Secretary. - The term 'Secretary' means the Secretary of
      Agriculture.

      "SEC. 2602. CONSERVATION CORRIDOR DEMONSTRATION PROGRAM.
      "(a) Establishment. - The Secretary shall carry out a
    demonstration program, to be known as the 'Conservation Corridor
    Demonstration Program', under which any of the States of Delaware,
    Maryland, and Virginia, a local government of any 1 of those States
    with jurisdiction over land on the Delmarva Peninsula, or a
    combination of those States, may submit a conservation corridor
    plan to integrate agriculture and forestry conservation programs of
    the Department of Agriculture with State and local efforts to
    address farm conservation needs.
      "(b) Submission of Conservation Corridor Plan. - 
        "(1) Submission and proposal. - To be eligible to participate
      in the demonstration program, a State, local government, or
      combination of States referred to in subsection (a) shall - 
          "(A) submit to the Secretary a conservation corridor plan
        that - 
            "(i) proposes specific criteria and commitment of resources
          in the geographic region designated in the plan; and
            "(ii) describes how the linkage of Federal, State, and
          local resources will improve - 
         "(I) the economic viability of agriculture; and
         "(II) the environmental integrity of the watersheds in the
          Delmarva Peninsula; and
          "(B) demonstrate to the Secretary that, in developing the
        plan, the State, local government, or combination of States has
        solicited and taken into account the views of local residents.
        "(2) Draft memorandum of agreement. - If the conservation
      corridor plan is submitted by more than 1 State, the plan shall
      provide a draft memorandum of agreement among entities in each
      submitting State.
      "(c) Review of Plan. - Not later than 90 days after the date of
    receipt of a conservation corridor plan, the Secretary - 
        "(1) shall review the plan; and
        "(2) may approve the plan for implementation under this
      subtitle if the Secretary determines that the plan meets the
      requirements specified in subsection (d).
      "(d) Criteria for Approval. - The Secretary may approve a
    conservation corridor plan only if, as determined by the Secretary,
    the plan provides for each of the following:
        "(1) Voluntary actions. - Actions taken under the plan - 
          "(A) are voluntary;
          "(B) require the consent of willing landowners; and
          "(C) provide a mechanism by which the landowner may withdraw
        such consent without adverse consequences other than the loss
        of any payments to the landowner conditioned on continued
        enrollment of the land.
        "(2) Land of high conservation value. - Criteria specified in
      the plan ensure that land enrolled in each conservation program
      incorporated through the plan are of exceptionally high
      conservation value, as determined by the Secretary.
        "(3) No effect on unenrolled land. - The enrollment of land in
      a conservation program incorporated through the plan will neither
      - 
          "(A) adversely affect any adjacent land not so enrolled; nor
          "(B) create any buffer zone on such unenrolled land.
        "(4) Greater benefits. - The conservation programs incorporated
      through the plan provide benefits greater than the benefits that
      would likely be achieved through individual application of the
      conservation programs.
        "(5) Sufficient staffing. - Staffing, considering both Federal
      and non-Federal resources, is sufficient to ensure success of the
      plan.

      "SEC. 2603. IMPLEMENTATION OF CONSERVATION CORRIDOR PLAN.
      "(a) Memorandum of Agreement. - On approval of a conservation
    corridor plan, the Secretary may enter into a memorandum of
    agreement with the State, local government, or combination of
    States that submitted the plan to - 
        "(1) guarantee specific program resources for implementation of
      the plan;
        "(2) establish various compensation rates to the extent that
      the parties to the agreement consider justified; and
        "(3) provide streamlined and integrated paperwork requirements.
      "(b) Continued Compliance With Plan Approval Criteria. - The
    Secretary shall terminate the memorandum of agreement entered into
    under subsection (a) with respect to an approved conservation
    corridor plan and cease the provision of resources for
    implementation of the plan if the Secretary determines that, in the
    implementation of the plan - 
        "(1) the State, local government, or combination of States that
      submitted the plan has deviated from - 
          "(A) the plan;
          "(B) the criteria specified in section 2602(d) on which
        approval of the plan was conditioned; or
          "(C) the cost-sharing requirements of section 2604(a) or any
        other condition of the plan; or
        "(2) the economic viability of agriculture in the geographic
      region designated in the plan is being hindered.
      "(c) Progress Report. - At the end of the 3-year period that
    begins on the date on which funds are first provided with respect
    to a conservation corridor plan under the demonstration program,
    the State, local government, or combination of States that
    submitted the plan shall submit to the Secretary - 
        "(1) a report on the effectiveness of the activities carried
      out under the plan; and
        "(2) an evaluation of the economic viability of agriculture in
      the geographic region designated in the plan.
      "(d) Duration. - The demonstration program shall be carried out
    for not less than 3 nor more than 5 years beginning on the date on
    which funds are first provided under the demonstration program.

      "SEC. 2604. FUNDING REQUIREMENTS.
      "(a) Cost Sharing. - 
        "(1) Required non-federal share. - Subject to paragraph (2), as
      a condition on the approval of a conservation corridor plan, the
      Secretary shall require the State and local participants to
      contribute financial resources sufficient to cover at least 50
      percent of the total cost of the activities carried out under the
      plan.
        "(2) Exception. - The Secretary may reduce the cost-sharing
      requirement in the case of a specific project or activity under
      the demonstration program on good cause and on demonstration that
      the project or activity is likely to achieve extraordinary
      natural resource benefits.
      "(b) Reservation of Funds. - The Secretary may consider directing
    funds on a priority basis to the demonstration program and to
    projects in areas identified by the plan.
      "(c) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as are necessary to carry out this
    subtitle for each of fiscal years 2002 through 2007."

                     CRANBERRY ACREAGE RESERVE PROGRAM                 
      Pub. L. 107-171, title X, Sec. 10608, May 13, 2002, 116 Stat.
    515, provided that:
      "(a) Definitions. - In this section:
        "(1) Eligible area. - The term 'eligible area' means a wetland
      or buffer strip adjacent to a wetland that, as determined by the
      Secretary - 
          "(A)(i) is used, and has a history of being used, for the
        cultivation of cranberries; or
          "(ii) is an integral component of a cranberry-growing
        operation;
          "(B) is located in an environmentally sensitive area.
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      Agriculture.
      "(b) Program. - The Secretary shall establish a program to
    purchase permanent easements in eligible areas from willing
    sellers.
      "(c) Purchase Price. - The Secretary shall ensure, to the maximum
    extent practicable, that each easement purchased under this section
    is for an amount that appropriately reflects the range of values
    for agricultural and nonagricultural land in the region in which
    the eligible area subject to the easement is located (including
    whether that land is located in 1 or more environmentally sensitive
    areas, as determined by the Secretary).
      "(d) Authorization of Appropriations. - There is authorized to be
    appropriated to carry out this section $10,000,000."

-End-

-CITE-
    16 USC SUBCHAPTER II - HIGHLY ERODIBLE LAND CONSERVATION    01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER II - HIGHLY ERODIBLE LAND CONSERVATION

-HEAD-
             SUBCHAPTER II - HIGHLY ERODIBLE LAND CONSERVATION         

-End-

-CITE-
    16 USC Sec. 3811                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER II - HIGHLY ERODIBLE LAND CONSERVATION

-HEAD-
    Sec. 3811. Program ineligibility

-STATUTE-
    (a) In general
      Except as provided in section 3812 of this title, and
    notwithstanding any other provision of law, any person who in any
    crop year produces an agricultural commodity on a field on which
    highly erodible land is predominate, or designates land on which
    highly erodible land is predominate to be set aside, diverted,
    devoted to conservation uses, or otherwise not cultivated under a
    program administered by the Secretary to reduce production of an
    agricultural commodity, as determined by the Secretary shall be
    ineligible for - 
        (1) as to any commodity produced during that crop year by such
      person - 
          (A) contract payments under a production flexibility
        contract, marketing assistance loans, and any type of price
        support or payment made available under the Agricultural Market
        Transition Act [7 U.S.C. 7201 et seq.], the Commodity Credit
        Corporation Charter Act (15 U.S.C. 714 et seq.), or any other
        Act;
          (B) a farm storage facility loan made under section 4(h) of
        the Commodity Credit Corporation Charter Act (15 U.S.C.
        714b(h));
          (C) a disaster payment; or
          (D) a loan made, insured, or guaranteed under the
        Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
        seq.) or any other provision of law administered by the
        Consolidated Farm Service Agency, if the Secretary determines
        that the proceeds of such loan will be used for a purpose that
        will contribute to excessive erosion of highly erodible land;

        (2) a payment made under section 4 or 5 of the Commodity Credit
      Corporation Charter Act (15 U.S.C. 714b or 714c) during such crop
      year for the storage of an agricultural commodity acquired by the
      Commodity Credit Corporation; or
        (3) during the crop year - 
          (A) a payment made pursuant to a contract entered into under
        the environmental quality incentives program under part IV of
        subchapter IV of this chapter;
          (B) a payment under any other provision of subchapter IV of
        this chapter;
          (C) a payment under section 2201 or 2202 of this title; or
          (D) a payment, loan, or other assistance under section 1003
        or 1006a of this title.
    (b) Highly erodible land
      The Secretary shall have, and shall not delegate to any private
    person or entity, authority to determine whether a person has
    complied with this subchapter.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1211, Dec. 23, 1985, 99 Stat.
    1506; Pub. L. 101-624, title XIV, Sec. 1411, Nov. 28, 1990, 104
    Stat. 3569; Pub. L. 102-237, title II, Sec. 204(1), Dec. 13, 1991,
    105 Stat. 1854; Pub. L. 104-127, title III, Sec. 311, Apr. 4, 1996,
    110 Stat. 982; Pub. L. 107-171, title II, Sec. 2002(a), May 13,
    2002, 116 Stat. 233.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Market Transition Act, referred to in subsec.
    (a)(1)(A), is title I of Pub. L. 104-127, Apr. 4, 1996, 110 Stat.
    896, which is classified principally to chapter 100 (Sec. 7201 et
    seq.) of Title 7, Agriculture. For complete classification of this
    Act to the Code, see section 7201 of Title 7 and Tables.
      The Commodity Credit Corporation Charter Act, referred to in
    subsec. (a)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, as
    amended, which is classified generally to subchapter II (Sec. 714
    et seq.) of chapter 15 of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 714 of Title 15 and Tables.
      The Consolidated Farm and Rural Development Act, referred to in
    subsec. (a)(1)(D), is title III of Pub. L. 87-128, Aug. 8, 1961, 75
    Stat. 307, as amended, which is classified principally to chapter
    50 (Sec. 1921 et seq.) of Title 7, Agriculture. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1921 of Title 7 and Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-171 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).
      1996 - Pub. L. 104-127, Sec. 311(1), struck out "following
    December 23, 1985," before "any person who" in introductory
    provisions.
      Par. (1)(A). Pub. L. 104-127, Sec. 311(2)(A), added subpar. (A)
    and struck out former subpar. (A) which read as follows: "any type
    of price support or payment made available under the Agricultural
    Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit
    Corporation Charter Act (15 U.S.C. 714 et seq.), or any other
    Act;".
      Par. (1)(C). Pub. L. 104-127, Sec. 311(2)(B), (E), redesignated
    subpar. (D) as (C) and struck out former subpar. (C) which read as
    follows: "crop insurance under the Federal Crop Insurance Act (7
    U.S.C. 1501 et seq.);".
      Par. (1)(D). Pub. L. 104-127, Sec. 311(2)(E), redesignated
    subpar. (E) as (D). Former subpar. (D) redesignated (C).
      Pub. L. 104-127, Sec. 311(2)(C), struck out before semicolon
    "made under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.),
    under section 132 of the Disaster Assistance Act of 1989 (7 U.S.C.
    1421 note), or under any similar provision enacted subsequent to
    August 14, 1989".
      Par. (1)(E). Pub. L. 104-127, Sec. 311(2)(D), (E), substituted
    "Consolidated Farm Service Agency" for "Farmers Home
    Administration" and redesignated subpar. (E) as (D).
      Par. (3). Pub. L. 104-127, Sec. 311(3), added par. (3) and struck
    out former par. (3) which read as follows: "during such crop year -
    
        "(A) a payment made under section 590h, section 590l or section
      590p(b) of this title;
        "(B) a payment made under section 2201 or section 2202 of this
      title;
        "(C) a payment under any contract entered into pursuant to
      section 3831 of this title;
        "(D) a payment under part II of subchapter IV of this chapter;
        "(E) a payment under part III of subchapter IV of this chapter;
      or
        "(F) a payment, loan or other assistance under section 1003 or
      section 1006a of this title."
      1991 - Par. (1)(D). Pub. L. 102-237, Sec. 204(1)(A), substituted
    "(7 U.S.C. 1421 note)" for "(16 U.S.C. 1421 note)".
      Par. (3)(D), (E). Pub. L. 102-237, Sec. 204(1)(B), (C), made
    technical amendments to references to part II of subchapter IV of
    this chapter and part III of subchapter IV of this chapter, in
    subpars. (D) and (E), respectively, to clarify references in
    corresponding provisions of original Act.
      1990 - Pub. L. 101-624, Sec. 1411(1), inserted ", or designates
    land on which highly erodible land is predominate to be set aside,
    diverted, devoted to conservation uses, or otherwise not cultivated
    under a program administered by the Secretary to reduce production
    of an agricultural commodity, as determined by the Secretary" after
    "is predominate" in first sentence.
      Par. (1)(D). Pub. L. 101-624, Sec. 1411(2), inserted reference to
    section 132 of the Disaster Assistance Act of 1989 and similar
    provisions enacted after Aug. 14, 1989.
      Par. (3). Pub. L. 101-624, Sec. 1411(3)-(5), added par. (3).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 311 of Pub. L. 104-127 provided that the amendment made
    by that section is effective 90 days after Apr. 4, 1996.

                   WIND EROSION ESTIMATION PILOT PROJECT               
      Section 317 of Pub. L. 104-127 provided that:
      "(a) In General. - The Secretary of Agriculture shall conduct a
    pilot project to review, and modify as appropriate, the use of wind
    erosion factors under the highly erodible conservation requirements
    of subtitle B of title XII of the Food Security Act of 1985 (16
    U.S.C. 3811 et seq.).
      "(b) Selection of Counties and Producers. - The pilot project
    shall be conducted for producers in those counties that - 
        "(1) have approximately 100 percent of their cropland
      determined to be highly erodible under title XII of the Act [16
      U.S.C. 3801 et seq.];
        "(2) have a reasonable likelihood that the use of wind erosion
      factors under title XII of the Act have resulted in an
      inequitable application of the highly erodible land requirements
      of title XII of the Act; and
        "(3) if the use of the land classification system under section
      1201(a)(9)(A) of the Act [16 U.S.C. 3801(a)(9)(A)] (as
      redesignated by section 301(a)(1)) may result in a more accurate
      delineation of the cropland.
      "(c) Errors in Delineation. - If the Secretary determines that a
    significant error has occurred in delineating cropland under the
    pilot project, the Secretary shall, at the request of the owners or
    operators of the cropland, conduct a new delineation of the
    cropland using the most accurate available delineation process, as
    determined by the Secretary."

-End-

-CITE-
    16 USC Sec. 3812                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER II - HIGHLY ERODIBLE LAND CONSERVATION

-HEAD-
    Sec. 3812. Exemptions

-STATUTE-
    (a) Persons eligible for program benefits in connection with
      production or reduced production of crops on certain lands;
      eligibility based upon compliance with conservation plan by
      January 1, 1995; minimization of documentation
      (1) During the period beginning on December 23, 1985, and ending
    on the later of January 1, 1990, or the date that is 2 years after
    the date land on which a crop of an agricultural commodity is
    produced was mapped by the Soil Conservation Service for purposes
    of classifying such land under the land capability classification
    system in effect on December 23, 1985, except as provided in
    paragraph (2), no person shall become ineligible under section 3811
    of this title for program loans, payments, and benefits as the
    result of the production of a crop of an agricultural commodity on
    any land that was - 
        (A) cultivated to produce any of the 1981 through 1985 crops of
      an agricultural commodity; or
        (B) set aside, diverted or otherwise not cultivated under a
      program administered by the Secretary for any such crops to
      reduce production of an agricultural commodity.

      (2) If, as of January 1, 1990, or 2 years after the Soil
    Conservation Service has completed a soil survey for the farm,
    whichever is later, a person is actively applying a conservation
    plan, such person shall have until January 1, 1995, to comply with
    the plan without being subject to program ineligibility. In
    carrying out this subsection, the Secretary, Soil Conservation
    Service, and local soil conservation districts shall minimize the
    quantity of documentation a person must submit to comply with this
    paragraph.
      (3) Any person who owns or operates highly erodible land that was
    the subject of a contract entered into under subpart B of part I of
    subchapter IV of this chapter shall only be required to apply a
    conservation plan established under this subchapter. The person
    shall not be required to meet a higher conservation standard than
    the standard applied to other highly erodible cropland located
    within the same area. If the person's conservation plan requires
    structures to be constructed, the person shall have until 2 years
    after the expiration of such contract to comply with the
    conservation plan, or a longer period of time if the Secretary
    determines compliance is otherwise technically or economically not
    feasible, or such longer period is otherwise appropriate, before
    such person will be subject to program ineligibility with respect
    to such land under section 3811 of this title.
      (4) On the expiration of a contract entered into under subpart B
    of part I of subchapter IV of this chapter, the provisions of this
    subchapter shall apply to the acreage that was the subject of such
    contract.
    (b) Persons eligible for program benefits in connection with
      production of certain planted crops or production of crops on
      highly erodible land
      No person shall become ineligible under section 3811 of this
    title for program loans, payments, and benefits as the result of
    the production of a crop of an agricultural commodity - 
        (1) planted before December 23, 1985; or
        (2) planted during any crop year beginning before December 23,
      1985.
    (c) Ineligibility for loans and payments under section 3811
      No person shall become ineligible under section 3811 of this
    title for program loans, payments, and benefits as the result of
    the production of a crop of an agricultural commodity or the
    designation of land to be set aside, diverted, devoted to
    conservation uses, or otherwise not cultivated under a program
    administered by the Secretary to reduce production of an
    agricultural commodity (hereafter in this subsection referred to as
    "set aside") - 
        (1) on highly erodible land in an area - 
          (A) within a conservation district, under a conservation
        system that has been approved by a conservation district after
        the district has determined that the conservation system is in
        conformity with technical standards set forth in the Soil
        Conservation Service technical guide for such district; or
          (B) not within a conservation district, under a conservation
        system determined by the Secretary to be adequate for the
        protection of highly erodible land that has been set aside or
        for the production of such agricultural commodity on any highly
        erodible land subject to this chapter; or

        (2) on highly erodible land that is planted or set aside in
      reliance on a determination by the Soil Conservation Service that
      such land was not highly erodible land, except that this
      paragraph shall not apply to any agricultural commodity that was
      planted or set aside on any land after the Soil Conservation
      Service determines that such land is highly erodible land; or
        (3) on highly erodible land planted to alfalfa during each of
      the 1981 through 1985 crop years as part of a rotation practice
      approved by the Secretary, if the person has submitted a
      conservation plan, in which case, such person shall have until
      June 1, 1988, to comply with the plan without being subject to
      program ineligibility under section 3811 of this title.
    (d) Program ineligibility inapplicable to pre-December 23, 1985,
      section 3811 loans
      Section 3811 of this title shall not apply to a loan described in
    section 3811 of this title made before December 23, 1985.
    (e) Limitations on ineligibility for tenants
      If a tenant is determined to be ineligible for payments and other
    benefits under section 3811 of this title, the Secretary may limit
    such ineligibility only to the farm which is the basis for such
    ineligibility determination if - 
        (1) the tenant has established to the satisfaction of the
      Secretary that - 
          (A) the tenant has made a good faith effort to meet the
        requirements of this section, including enlisting the
        assistance of the Secretary to obtain a reasonable conservation
        plan for such farm; and
          (B) the landlord on the farm refuses to comply with such plan
        on such farm; and

        (2) the Secretary determines that such lack of compliance is
      not a part of a scheme or device to avoid such compliance.

    The Secretary shall provide an annual report to the Committee on
    Agriculture of the House of Representatives and the Committee on
    Agriculture, Nutrition, and Forestry of the Senate concerning the
    ineligibility determinations limited during the previous 12-month
    period under this subsection.
    (f) Graduated sanctions
      (1) No person shall become ineligible under section 3811 of this
    title for program loans, payments, and benefits as a result of the
    failure of such person to actively apply a conservation plan, if
    the Secretary determines that the person has acted in good faith
    and without an intent to violate this subchapter. A person who
    meets the requirements of this paragraph shall be allowed a
    reasonable period of time, as determined by the Secretary, but not
    to exceed 1 year, during which to implement the measures and
    practices necessary to be considered to be actively applying the
    person's conservation plan.
      (2) If the Secretary determines that a person who has failed to
    comply with the provisions of section 3811 of this title with
    respect to highly erodible cropland that was not in production
    prior to December 23, 1985, and has acted in good faith and without
    an intent to violate the provisions, the Secretary shall, in lieu
    of applying the ineligibility provisions in section 3811 of this
    title, reduce by not less than $500 nor more than $5,000, depending
    on the seriousness of the violation as determined by the Secretary,
    program benefits described in section 3811 of this title that such
    producer would otherwise be eligible to receive in a crop year.
      (3) Any person whose benefits are reduced in any crop year under
    this subsection shall continue to be eligible for all of the
    benefits described in section 3811 of this title for any subsequent
    crop year if, prior to the beginning of such subsequent crop year,
    the Secretary determines that such person is actively applying a
    conservation plan according to the schedule set forth in such plan.
      (4) Notwithstanding any other provision of this subchapter, no
    person shall become ineligible under section 3811 of this title for
    program loans, payments, and benefits as a result of the failure of
    such person to actively apply a conservation plan, if the Secretary
    - 
        (A) determines that such failure results in a violation of
      section 3811 of this title that is technical and minor in nature
      and that such violation has a minimal effect on the erosion
      control purposes of the conservation plan applicable to the land
      on which such violation has occurred;
        (B) determines that such failure is due to circumstances beyond
      the control of the person; or
        (C) grants the person a temporary variance from the practices
      specified in the plan for the purpose of handling a specific
      problem, including weather, pest, and disease problems.

      (5) Expedited procedures for temporary variances. - After
    consultation with local conservation districts, the Secretary shall
    establish expedited procedures for the consideration and granting
    of temporary variances under paragraph (4)(C). If the request for a
    temporary variance under paragraph (4)(C) involves the use of
    practices or measures to address weather, pest, or disease
    problems, the Secretary shall make a decision on whether to grant
    the variance during the 30-day period beginning on the date of
    receipt of the request. If the Secretary fails to render a decision
    during the period, the temporary variance shall be considered
    granted.
    (g) Preparation or revision of conservation plan
      The Secretary, in providing assistance to an individual in the
    preparation or revision of a conservation plan under this section,
    shall provide such individual with information - 
        (1) concerning cost effective and applicable erosion control
      measures that may be available to such individual to meet the
      requirements of this section; and
        (2) concerning crop flexibility, base adjustment, and
      conservation assistance options that may be available to such
      individual to meet the requirements of this section, including
      the provisions of titles X, XII, and XIII of the Food,
      Agriculture, Conservation, and Trade Act of 1990 (or the
      amendments made by such titles).
    (h) Noncommercial production of agricultural commodities
      Section 3811 of this title shall not apply to the noncommercial
    production of agricultural commodities on a farm if such production
    is limited to two acres or less and if the Secretary determines
    that such production is not intended to circumvent the conservation
    requirements otherwise applicable to lands under this subchapter.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1212, Dec. 23, 1985, 99 Stat.
    1506; Pub. L. 100-28, Secs. 2, 3, Apr. 24, 1987, 101 Stat. 291;
    Pub. L. 101-624, title XIV, Sec. 1412, Nov. 28, 1990, 104 Stat.
    3569; Pub. L. 102-237, title II, Sec. 204(2), Dec. 13, 1991, 105
    Stat. 1854; Pub. L. 104-127, title III, Secs. 301(d), 312-314, Apr.
    4, 1996, 110 Stat. 981-983.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (c)(1)(B), was in the
    original "this title", meaning title XII of Pub. L. 99-198, which
    enacted this chapter and section 2005a of this title and amended
    sections 590g, 2004, 2005, 2006, and 2009 of this title, sections
    4207 and 4209 of Title 7, Agriculture, and provisions set out as a
    note under section 1981 of Title 7.
      The Food, Agriculture, Conservation, and Trade Act of 1990,
    referred to in subsec. (g)(2), is Pub. L. 101-624, Nov. 28, 1990,
    104 Stat. 3359, as amended. Title X of the Act enacted section
    1446h of Title 7 and amended section 1425a of Title 7. Title XII of
    the Act, known as the Forest Stewardship Act of 1990, is classified
    principally to amended chapter 41 (Sec. 2101 et seq.) of this
    title. Title XIII of the Act enacted sections 138 to 138i and 499b-
    1 of Title 7, amended sections 499c, 608c, and 608e-1 of Title 7,
    and enacted provisions set out as notes under sections 499a and
    1622 of Title 7. For complete classification of this Act to the
    Code, see Short Title of 1990 Amendment note set out under section
    1421 of Title 7 and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2). Pub. L. 104-127, Sec. 301(d)(1), in first
    sentence, struck out "that documents the decisions of the person
    with respect to location, land use, tillage systems, and
    conservation treatment measures and schedule and that is based on
    the local Soil Conservation Service technical guide and approved by
    the local soil conservation district, in consultation with the
    local committees established under section 590h(b) of this title
    and the Secretary, or by the Secretary" after "applying a
    conservation plan".
      Subsec. (a)(3). Pub. L. 104-127, Sec. 312, substituted "shall
    only be required to apply a conservation plan established under
    this subchapter. The person shall not be required to meet a higher
    conservation standard than the standard applied to other highly
    erodible cropland located within the same area. If the person's
    conservation plan requires structures to be constructed, the person
    shall" for "shall, if the conservation plan established under this
    subchapter for such land requires structures to be constructed,".
      Subsec. (c)(3). Pub. L. 104-127, Sec. 301(d)(2), substituted ",
    in which case," for "based on the local Soil Conservation Service
    technical guide and approved by the local soil conservation
    district, in consultation with the local committees established
    under section 590h(b) of this title and the Secretary,".
      Subsec. (e)(1)(A). Pub. L. 104-127, Sec. 301(d)(3), substituted
    "conservation plan" for "conservation compliance plan".
      Subsec. (f)(1). Pub. L. 104-127, Sec. 313(a), substituted "No
    person" for "Except to the extent provided in paragraph (2), no
    person" and substituted "the person has acted in good faith and
    without an intent to violate this subchapter. A person who meets
    the requirements of this paragraph shall be allowed a reasonable
    period of time, as determined by the Secretary, but not to exceed 1
    year, during which to implement the measures and practices
    necessary to be considered to be actively applying the person's
    conservation plan." for "such person has - 
        "(A) not violated the provisions of section 3811 of this title
      within the previous 5 years on a farm; and
        "(B) acted in good faith and without the intent to violate the
      provisions of this subchapter."
      Pub. L. 104-127, Sec. 301(d)(4)(A), struck out "that documents
    the decisions of such person with respect to location, land use,
    tillage systems, and conservation treatment measures and schedules
    prepared under subsection (a) of this section" after "apply a
    conservation plan".
      Subsec. (f)(2). Pub. L. 104-127, Sec. 313(b), substituted "with
    respect to highly erodible cropland that was not in production
    prior to December 23, 1985, and has acted in good faith and without
    an intent to violate the provisions" for "meets the requirements of
    paragraph (1)".
      Subsec. (f)(3). Pub. L. 104-127, Sec. 301(d)(4)(B), struck out
    "prepared under subsection (a) of this section" after "a
    conservation plan".
      Subsec. (f)(4). Pub. L. 104-127, Sec. 313(c), struck out
    concluding sentence which read as follows: "A determination or the
    granting of a variance by the Secretary under this paragraph shall
    not be counted as a violation for the purposes of paragraph
    (1)(A)."
      Pub. L. 104-127, Sec. 301(d)(4)(C), in introductory provisions,
    struck out "that documents the decisions of such person with
    respect to location, land use, tillage systems, and conservation
    treatment measures and schedules prepared under subsection (a) of
    this section" after "apply a conservation plan".
      Subsec. (f)(4)(C). Pub. L. 104-127, Sec. 314(1), substituted
    "problem, including weather, pest, and disease problems" for
    "problem".
      Subsec. (f)(5). Pub. L. 104-127, Sec. 314(2), added par. (5).
      1991 - Subsec. (f)(4)(A). Pub. L. 102-237, Sec. 204(2)(A),
    substituted "such violation" for "such violations" after "which".
      Subsec. (g)(2). Pub. L. 102-235, Sec. 204(2)(B), struck out comma
    after "XIII".
      1990 - Subsec. (a)(3), (4). Pub. L. 101-624, Sec. 1412(a), added
    pars. (3) and (4).
      Subsec. (b)(1), (2). Pub. L. 101-624, Sec. 1412(b)(1), (2),
    inserted "or" in par. (1) and substituted a period for a semicolon
    in par. (2).
      Subsec. (b)(3) to (5). Pub. L. 101-624, Sec. 1412(b)(4),
    redesignated pars. (3) to (5) as pars. (1) to (3), respectively, of
    subsec. (c).
      Subsec. (c). Pub. L. 101-624, Sec. 1412(b)(3), (4), added subsec.
    (c) introductory provisions, and redesignated former subsec. (c) as
    (d).
      Subsec. (c)(1). Pub. L. 101-624, Sec. 1412(b)(4), (5),
    redesignated par. (3) of subsec. (b) as par. (1) of subsec. (c) and
    in subpar. (B) inserted "for the protection of highly erodible land
    that has been set aside or" after "adequate".
      Subsec. (c)(2). Pub. L. 101-624, Sec. 1412(b)(4), (6),
    redesignated par. (4) of subsec. (b) as par. (2) of subsec. (c) and
    inserted "or set aside" in two places.
      Subsec. (c)(3). Pub. L. 101-624, Sec. 1412(b)(4), redesignated
    par. (5) of subsec. (b) as par. (3) of subsec. (c).
      Subsec. (d). Pub. L. 101-624, Sec. 1412(b)(3), redesignated
    subsec. (c) as (d).
      Subsecs. (e) to (h). Pub. L. 101-624, Sec. 1412(c)-(f), added
    subsecs. (e) to (h).
      1987 - Subsec. (a)(2). Pub. L. 100-28, Sec. 3, inserted "that
    documents the decisions of the person with respect to location,
    land use, tillage systems, and conservation treatment measures and
    schedule and that is" after "conservation plan", and inserted at
    end "In carrying out this subsection, the Secretary, Soil
    Conservation Service, and local soil conservation districts shall
    minimize the quantity of documentation a person must submit to
    comply with this paragraph."
      Subsec. (b)(5). Pub. L. 100-28, Sec. 2(b), added par. (5).

-End-

-CITE-
    16 USC Sec. 3812a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER II - HIGHLY ERODIBLE LAND CONSERVATION

-HEAD-
    Sec. 3812a. Development and implementation of conservation plans
      and conservation systems

-STATUTE-
    (a) Technical requirements
      In connection with the standards and guidelines contained in
    Natural Resources Conservation Service field office technical
    guides applicable to the development and use of conservation
    measures and management practices as part of a conservation system,
    the Secretary shall ensure that the standards and guidelines permit
    a person to use a conservation system that - 
        (1) is technically and economically feasible;
        (2) is based on local resource conditions and available
      conservation technology;
        (3) is cost-effective; and
        (4) does not cause undue economic hardship on the person
      applying the conservation system under the person's conservation
      plan.
    (b) Measurement of erosion reduction
      For the purpose of determining whether there is a substantial
    reduction in soil erosion on a field containing highly erodible
    cropland, the measurement of erosion reduction achieved by the
    application of a conservation system under a person's conservation
    plan shall be based on the estimated annual level of erosion at the
    time of the measurement compared to the estimated annual level of
    erosion that existed before the implementation of the conservation
    measures and management practices provided for in the conservation
    system.
    (c) Residue measurement
      (1) Responsibilities of Secretary
        For the purpose of measuring the level of residue on a field,
      the Secretary shall - 
          (A) take into account any residue incorporated into the top 2
        inches of soil, as well as the growing crop, in the
        measurement;
          (B) provide technical guidelines for acceptable residue
        measurement methods;
          (C) provide a certification system for third parties to
        perform residue measurements; and
          (D) provide for the acceptance and use of information and
        data voluntarily provided by the producer regarding the field.
      (2) Acceptance of producer measurements
        Annual residue measurements supplied by a producer (including
      measurements performed by a certified third party) shall be used
      by the Secretary if the Secretary determines that the
      measurements indicate that the residue level for the field meets
      the level required under the conservation plan.
    (d) Certification of compliance
      (1) In general
        For the purpose of determining the eligibility of a person for
      program benefits specified in section 3811 of this title at the
      time application is made for the benefits, the Secretary shall
      permit the person to certify that the person is complying with
      the person's conservation plan.
      (2) Status reviews
        If a person makes a certification under paragraph (1), the
      Secretary shall not be required to carry out a review of the
      status of compliance of the person with the conservation plan
      under which the conservation system is being applied.
      (3) Revisions and modifications
        The Secretary shall permit a person who makes a certification
      under paragraph (1) with respect to a conservation plan to revise
      the conservation plan in any manner, if the same level of
      conservation treatment provided for by the conservation system
      under the person's conservation plan is maintained. The Secretary
      may not revise the person's conservation plan without the
      concurrence of the person.
    (e) Technical assistance
      The Secretary shall, using available resources and consistent
    with the Secretary's other conservation responsibilities and
    objectives, provide technical assistance to a person throughout the
    development, revision, and application of the conservation plan and
    any conservation system of the person. At the request of the
    person, the Secretary may provide technical assistance regarding
    conservation measures and management practices for other lands of
    the person that do not contain highly erodible cropland.
    (f) Encouragement of on-farm research
      To encourage on-farm conservation research, the Secretary may
    allow a person to include in the person's conservation plan or a
    conservation system under the plan, on a field trial basis,
    practices that are not currently approved but that the Secretary
    considers have a reasonable likelihood of success.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1213, as added Pub. L. 104-127,
    title III, Sec. 315(a)(2), Apr. 4, 1996, 110 Stat. 984.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1213 of Pub. L. 99-198 was renumbered section
    1214 and is classified to section 3813 of this title.

-End-

-CITE-
    16 USC Sec. 3813                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER II - HIGHLY ERODIBLE LAND CONSERVATION

-HEAD-
    Sec. 3813. Soil surveys

-STATUTE-
      The Secretary shall, as soon as is practicable after December 23,
    1985, complete soil surveys on those private lands that do not have
    a soil survey suitable for use in determining the land capability
    class for purposes of this subchapter. In carrying out this
    section, the Secretary shall, insofar as possible, concentrate on
    those localities where significant amounts of highly erodible land
    are being converted to the production of agricultural commodities.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1214, formerly Sec. 1213, Dec. 23,
    1985, 99 Stat. 1507; renumbered Sec. 1214, Pub. L. 104-127, title
    III, Sec. 315(a)(1), Apr. 4, 1996, 110 Stat. 983.)

-End-

-CITE-
    16 USC Sec. 3814                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER II - HIGHLY ERODIBLE LAND CONSERVATION

-HEAD-
    Sec. 3814. Notice and investigation of possible compliance
      deficiencies

-STATUTE-
    (a) In general
      An employee of the Department of Agriculture who observes a
    possible compliance deficiency or other potential violation of a
    conservation plan or this subchapter while providing on-site
    technical assistance shall provide to the responsible persons, not
    later than 45 days after observing the possible violation,
    information regarding actions needed to comply with the plan and
    this subchapter. The employee shall provide the information in lieu
    of reporting the observation as a compliance violation.
    (b) Corrective action
      The responsible persons shall attempt to correct the deficiencies
    as soon as practicable after receiving the information.
    (c) Review
      If the corrective action is not fully implemented not later than
    1 year after the responsible persons receive the information, the
    Secretary may conduct a review of the status of compliance of the
    persons with the conservation plan and this subchapter.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1215, as added Pub. L. 104-127,
    title III, Sec. 316, Apr. 4, 1996, 110 Stat. 985.)

-End-

-CITE-
    16 USC SUBCHAPTER III - WETLAND CONSERVATION                01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER III - WETLAND CONSERVATION

-HEAD-
                   SUBCHAPTER III - WETLAND CONSERVATION               

-End-

-CITE-
    16 USC Sec. 3821                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER III - WETLAND CONSERVATION

-HEAD-
    Sec. 3821. Program ineligibility

-STATUTE-
    (a) Production on converted wetland
      Except as provided in this subchapter and notwithstanding any
    other provision of law, any person who in any crop year produces an
    agricultural commodity on converted wetland, as determined by the
    Secretary, shall be - 
        (1) in violation of this section; and
        (2) ineligible for loans or payments in an amount determined by
      the Secretary to be proportionate to the severity of the
      violation.
    (b) Ineligibility for certain loans and payments
      If a person is determined to have committed a violation under
    subsection (a) of this section during a crop year, the Secretary
    shall determine which of, and the amount of, the following loans
    and payments for which the person shall be ineligible:
        (1) Contract payments under a production flexibility contract,
      marketing assistance loans, and any type of price support or
      payment made available under the Agricultural Market Transition
      Act [7 U.S.C. 7201 et seq.], the Commodity Credit Corporation
      Charter Act (15 U.S.C. 714 et seq.), or any other Act.
        (2) A loan made or guaranteed under the Consolidated Farm and
      Rural Development Act (7 U.S.C. 1921 et seq.) or any other
      provision of law administered by the Consolidated Farm Service
      Agency, if the Secretary determines that the proceeds of the loan
      will be used for a purpose that will contribute to conversion of
      a wetland (other than as provided in this subchapter) to produce
      an agricultural commodity.
        (3) During the crop year:
          (A) A payment made pursuant to a contract entered into under
        the environmental quality incentives program under part IV of
        subchapter IV of this chapter.
          (B) A payment under any other provision of subchapter IV of
        this chapter.
          (C) A payment under section 2201 or 2202 of this title.
          (D) A payment, loan, or other assistance under section 1003
        or 1006a of this title.
    (c) Wetland conversion
      Except as provided in section 3822 of this title and
    notwithstanding any other provision of law, any person who in any
    crop year beginning after November 28, 1990, converts a wetland by
    draining, dredging, filling, leveling, or any other means for the
    purpose, or to have the effect, of making the production of an
    agricultural commodity possible on such converted wetland shall be
    ineligible for those payments, loans, or programs specified in
    subsection (b) of this section for that crop year and all
    subsequent crop years.
    (d) Prior loans
      This section shall not apply to a loan described in subsection
    (b) of this section made before December 23, 1985.
    (e) Wetland
      The Secretary shall have, and shall not delegate to any private
    person or entity, authority to determine whether a person has
    complied with this subchapter.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1221, Dec. 23, 1985, 99 Stat.
    1507; Pub. L. 101-624, title XIV, Sec. 1421(b), Nov. 28, 1990, 104
    Stat. 3572; Pub. L. 102-237, title II, Sec. 204(3), Dec. 13, 1991,
    105 Stat. 1855; Pub. L. 102-552, title III, Sec. 308(a), Oct. 28,
    1992, 106 Stat. 4116; Pub. L. 104-127, title III, Sec. 321, Apr. 4,
    1996, 110 Stat. 986; Pub. L. 107-171, title II, Sec. 2002(b), May
    13, 2002, 116 Stat. 233.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Market Transition Act, referred to in subsec.
    (b)(1), is title I of Pub. L. 104-127, Apr. 4, 1996, 110 Stat. 896,
    which is classified principally to chapter 100 (Sec. 7201 et seq.)
    of Title 7, Agriculture. For complete classification of this Act to
    the Code, see section 7201 of Title 7 and Tables.
      The Commodity Credit Corporation Charter Act, referred to in
    subsec. (b)(1), is act June 29, 1948, ch. 704, 62 Stat. 1070, as
    amended, which is classified generally to subchapter II (Sec. 714
    et seq.) of chapter 15 of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 714 of Title 15 and Tables.
      The Consolidated Farm and Rural Development Act, referred to in
    subsec. (b)(2), is title III of Pub. L. 87-128, Aug. 8, 1961, 75
    Stat. 307, as amended, which is classified principally to chapter
    50 (Sec. 1921 et seq.) of Title 7, Agriculture. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1921 of Title 7 and Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (e). Pub. L. 107-171 added subsec. (e).
      1996 - Pub. L. 104-127, Sec. 321(a)(2), reenacted section
    catchline without change.
      Subsec. (a). Pub. L. 104-127, Sec. 321(a)(2), added subsec. (a)
    and struck out former subsec. (a) which related to ineligibility of
    persons producing an agricultural commodity on converted wetland to
    receive certain Federal payments, loans, insurance benefits, and
    other benefits.
      Subsec. (b). Pub. L. 104-127, Sec. 321(a)(2), added subsec. (b).
    Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 104-127, Sec. 321(b)(1), inserted heading
    and substituted "beginning after November 28, 1990," for
    "subsequent to November 28, 1990," and "subsection (b)" for
    "subsections (a)(1) through (3)".
      Pub. L. 104-127, Sec. 321(a)(1), redesignated subsec. (b) as (c).
      Subsec. (d). Pub. L. 104-127, Sec. 321(b)(2), added subsec. (d).
      1992 - Subsec. (a)(1)(D). Pub. L. 102-552 made technical
    correction to directory language of Pub. L. 102-237. See 1991
    Amendment note below.
      1991 - Subsec. (a)(1)(D). Pub. L. 102-237, as amended by Pub. L.
    102-552, substituted "(7 U.S.C. 1421 note)" for "(16 U.S.C. 1421
    note)".
      1990 - Subsec. (a). Pub. L. 101-624, Sec. 1421(b)(1), designated
    existing provisions as subsec. (a).
      Subsec. (a)(1)(D). Pub. L. 101-624, Sec. 1421(b)(2), inserted
    reference to section 132 of the Disaster Assistance Act of 1989 and
    similar provisions enacted after Aug. 14, 1989.
      Subsec. (a)(3). Pub. L. 101-624, Sec. 1421(b)(3)-(5), added par.
    (3).
      Subsec. (b). Pub. L. 101-624, Sec. 1421(b)(6), added subsec. (b).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 326 of Pub. L. 104-127 provided that: "This subtitle
    [subtitle C (Secs. 321-326) of title III of Pub. L. 104-127,
    enacting section 3823 of this title, amending this section and
    section 3822 of this title, and repealing former section 3823 of
    this title] and the amendments made by this subtitle shall become
    effective 90 days after the date of enactment of this Act [Apr. 4,
    1996]."

-End-

-CITE-
    16 USC Sec. 3822                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER III - WETLAND CONSERVATION

-HEAD-
    Sec. 3822. Delineation of wetlands; exemptions

-STATUTE-
    (a) Delineation by Secretary
      (1) In general
        Subject to subsection (b) of this section and paragraph (6),
      the Secretary shall delineate, determine, and certify all
      wetlands located on subject land on a farm.
      (2) Wetland delineation maps
        The Secretary shall delineate wetlands on wetland delineation
      maps. On the request of a person, the Secretary shall make a
      reasonable effort to make an on-site wetland determination prior
      to delineation.
      (3) Certification
        On providing notice to affected persons, the Secretary shall - 
          (A) certify whether a map is sufficient for the purpose of
        making a determination of ineligibility for program benefits
        under section 3821 of this title; and
          (B) provide an opportunity to appeal the certification prior
        to the certification becoming final.
      (4) Duration of certification
        A final certification made under paragraph (3) shall remain
      valid and in effect as long as the area is devoted to an
      agricultural use or until such time as the person affected by the
      certification requests review of the certification by the
      Secretary.
      (5) Review of mapping on appeal
        In the case of an appeal of the Secretary's certification, the
      Secretary shall review and certify the accuracy of the mapping of
      all land subject to the appeal to ensure that the subject land
      has been accurately delineated. Prior to rendering a decision on
      the appeal, the Secretary shall conduct an on-site inspection of
      the subject land on a farm.
      (6) Reliance on prior certified delineation
        No person shall be adversely affected because of having taken
      an action based on a previous certified wetland delineation by
      the Secretary. The delineation shall not be subject to a
      subsequent wetland certification or delineation by the Secretary,
      unless requested by the person under paragraph (4).
    (b) Exemptions
      No person shall become ineligible under section 3821 of this
    title for program loans or payments under the following
    circumstances:
        (1) As the result of the production of an agricultural
      commodity on the following lands:
          (A) A converted wetland if the conversion of the wetland was
        commenced before December 23, 1985.
          (B) Land that is a nontidal drainage or irrigation ditch
        excavated in upland.
          (C) A wet area created by a water delivery system,
        irrigation, irrigation system, or application of water for
        irrigation.
          (D) A wetland on which the owner or operator of a farm or
        ranch uses normal cropping or ranching practices to produce an
        agricultural commodity in a manner that is consistent for the
        area where the production is possible as a result of a natural
        condition, such as drought, and is without action by the
        producer that destroys a natural wetland characteristic.
          (E) Land that is an artificial lake or pond created by
        excavating or diking land (that is not a wetland) to collect
        and retain water and that is used primarily for livestock
        watering, fish production, irrigation, wildlife, fire control,
        flood control, cranberry growing, or rice production, or as a
        settling pond.
          (F) A wetland that is temporarily or incidentally created as
        a result of adjacent development activity.
          (G) A converted wetland if the original conversion of the
        wetland was commenced before December 23, 1985, and the
        Secretary determines the wetland characteristics returned after
        that date as a result of - 
            (i) the lack of maintenance of drainage, dikes, levees, or
          similar structures;
            (ii) a lack of management of the lands containing the
          wetland; or
            (iii) circumstances beyond the control of the person.

          (H) A converted wetland, if - 
            (i) the converted wetland was determined by the Natural
          Resources Conservation Service to have been manipulated for
          the production of an agricultural commodity or forage prior
          to December 23, 1985, and was returned to wetland conditions
          through a voluntary restoration, enhancement, or creation
          action subsequent to that determination;
            (ii) technical determinations regarding the prior site
          conditions and the restoration, enhancement, or creation
          action have been adequately documented by the Natural
          Resources Conservation Service;
            (iii) the proposed conversion action is approved by the
          Natural Resources Conservation Service prior to
          implementation; and
            (iv) the extent of the proposed conversion is limited so
          that the conditions will be at least equivalent to the
          wetland functions and values that existed prior to
          implementation of the voluntary wetland restoration,
          enhancement, or creation action.

        (2) For the conversion of the following:
          (A) An artificial lake or pond created by excavating or
        diking land that is not a wetland to collect and retain water
        and that is used primarily for livestock watering, fish
        production, irrigation, wildlife, fire control, flood control,
        cranberry growing, rice production, or as a settling pond.
          (B) A wetland that is temporarily or incidentally created as
        a result of adjacent development activity.
          (C) A wetland on which the owner or operator of a farm or
        ranch uses normal cropping or ranching practices to produce an
        agricultural commodity in a manner that is consistent for the
        area where the production is possible as a result of a natural
        condition, such as drought, and is without action by the
        producer that destroys a natural wetland characteristic.
          (D) A wetland previously identified as a converted wetland
        (if the original conversion of the wetland was commenced before
        December 23, 1985), but that the Secretary determines returned
        to wetland status after that date as a result of - 
            (i) the lack of maintenance of drainage, dikes, levees, or
          similar structures;
            (ii) a lack of management of the lands containing the
          wetland; or
            (iii) circumstances beyond the control of the person.

          (E) A wetland, if - 
            (i) the wetland was determined by the Natural Resources
          Conservation Service to have been manipulated for the
          production of an agricultural commodity or forage prior to
          December 23, 1985, and was returned to wetland conditions
          through a voluntary restoration, enhancement, or creation
          action subsequent to that determination;
            (ii) technical determinations regarding the prior site
          conditions and the restoration, enhancement, or creation
          action have been adequately documented by the Natural
          Resources Conservation Service;
            (iii) the proposed conversion action is approved by the
          Natural Resources Conservation Service prior to
          implementation; and
            (iv) the extent of the proposed conversion is limited so
          that the conditions will be at least equivalent to the
          wetland functions and values that existed prior to
          implementation of the voluntary wetland restoration,
          enhancement, or creation action.
    (c) On-site inspection requirement
      No program loans, payments, or benefits shall be withheld from a
    person under this subchapter unless the Secretary has conducted an
    on-site visit of the subject land.
    (d) Identification of minimal effect exemptions
      For purposes of applying the minimal effect exemption under
    subsection (f)(1) of this section, the Secretary shall identify by
    regulation categorical minimal effect exemptions on a regional
    basis to assist persons in avoiding a violation of the
    ineligibility provisions of section 3821 of this title. The
    Secretary shall ensure that employees of the Department of
    Agriculture who administer this subchapter receive appropriate
    training to properly apply the minimal effect exemptions determined
    by the Secretary.
    (e) Nonwetlands
      The Secretary shall exempt from the ineligibility provisions of
    section 3821 of this title any action by a person upon lands in any
    case in which the Secretary determines that any one of the
    following does not apply with respect to such lands:
        (1) Such lands have a predominance of hydric soils.
        (2) Such lands are inundated or saturated by surface or
      groundwater at a frequency and duration sufficient to support a
      prevalence of hydrophytic vegetation typically adapted for life
      in saturated soil conditions.
        (3) Such lands, under normal circumstances, support a
      prevalence of such vegetation.
    (f) Minimal effect; mitigation
      The Secretary shall exempt a person from the ineligibility
    provisions of section 3821 of this title for any action associated
    with the production of an agricultural commodity on a converted
    wetland, or the conversion of a wetland, if 1 or more of the
    following conditions apply, as determined by the Secretary:
        (1) The action, individually and in connection with all other
      similar actions authorized by the Secretary in the area, will
      have a minimal effect on the functional hydrological and
      biological value of the wetlands in the area, including the value
      to waterfowl and wildlife.
        (2) The wetland and the wetland values, acreage, and functions
      are mitigated by the person through the restoration of a
      converted wetland, the enhancement of an existing wetland, or the
      creation of a new wetland, and the restoration, enhancement, or
      creation is - 
          (A) in accordance with a wetland conservation plan;
          (B) in advance of, or concurrent with, the action;
          (C) not at the expense of the Federal Government;
          (D) in the case of enhancement or restoration of wetlands, on
        not greater than a 1-for-1 acreage basis unless more acreage is
        needed to provide equivalent functions and values that will be
        lost as a result of the wetland conversion to be mitigated;
          (E) in the case of creation of wetlands, on greater than a 1-
        for-1 acreage basis if more acreage is needed to provide
        equivalent functions and values that will be lost as a result
        of the wetland conversion that is mitigated;
          (F) on lands in the same general area of the local watershed
        as the converted wetland; and
          (G) with respect to the restored, enhanced, or created
        wetland, made subject to an easement that - 
            (i) is recorded on public land records;
            (ii) remains in force for as long as the converted wetland
          for which the restoration, enhancement, or creation to be
          mitigated remains in agricultural use or is not returned to
          its original wetland classification with equivalent functions
          and values; and
            (iii) prohibits making alterations to the restored,
          enhanced, or created wetland that lower the wetland's
          functions and values.

        (3) The wetland was converted after December 23, 1985, but
      before November 28, 1990, and the wetland values, acreage, and
      functions are mitigated by the producer through the requirements
      of subparagraphs (A), (B), (C), (D), (F), and (G) of paragraph
      (2).
        (4) The action was authorized by a permit issued under section
      1344 of title 33 and the wetland values, acreage, and functions
      of the converted wetland were adequately mitigated for the
      purposes of this subchapter.
    (g) Mitigation appeals
      A person shall be afforded the right to appeal, under section
    3843 (!1) of this title, the imposition of a mitigation agreement
    requiring greater than one-to-one acreage mitigation to which the
    person is subject.

    (h) Good faith exemption
      (1) Exemption described
        The Secretary may waive a person's ineligibility under section
      3821 of this title for program loans, payments, and benefits as
      the result of the conversion of a wetland subsequent to November
      28, 1990, or the production of an agricultural commodity on a
      converted wetland, if the Secretary determines that the person
      has acted in good faith and without intent to violate this
      subchapter.
      (2) Period for compliance
        The Secretary shall provide a person who the Secretary
      determines has acted in good faith and without intent to violate
      this subchapter with a reasonable period, but not to exceed 1
      year, during which to implement the measures and practices
      necessary to be considered to (!2) actively restoring the subject
      wetland.

    (i) Restoration
      Any person who is determined to be ineligible for program
    benefits under section 3821 of this title for any crop year shall
    not be ineligible for such program benefits under such section for
    any subsequent crop year if, prior to the beginning of such
    subsequent crop year, the person has fully restored the
    characteristics of the converted wetland to its prior wetland state
    or has otherwise mitigated for the loss of wetland values, as
    determined by the Secretary, through the restoration, enhancement,
    or creation of wetland values in the same general area of the local
    watershed as the converted wetland.
    (j) Determinations; restoration and mitigation plans; monitoring
      activities
      Technical determinations, the development of restoration and
    mitigation plans, and monitoring activities under this section
    shall be made by the National (!3) Resources Conservation Service.

    (k) Mitigation banking program
      Using authorities available to the Secretary, the Secretary may
    operate a pilot program for mitigation banking of wetlands to
    assist persons to increase the efficiency of agricultural
    operations while protecting wetland functions and values.
    Subsection (f)(2)(C) of this section shall not apply to this
    subsection.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1222, Dec. 23, 1985, 99 Stat.
    1508; Pub. L. 101-624, title XIV, Sec. 1422, Nov. 28, 1990, 104
    Stat. 3573; Pub. L. 104-127, title III, Sec. 322, Apr. 4, 1996, 110
    Stat. 987.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3843 of this title, referred to in subsec. (g), was
    omitted and a new section 3843 was added in the general amendment
    of subchapter V of this chapter by Pub. L. 104-127, title III, Sec.
    341, Apr. 4, 1996, 110 Stat. 1008. The new section 3843 does not
    relate to appeal procedures.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-127, Sec. 322(a), added subsec.
    (a) and struck out heading and text of former subsec. (a). Text
    consisted of pars. (1) to (4) relating to delineation of wetlands.
      Subsec. (b). Pub. L. 104-127, Sec. 322(b), added subsec. (b) and
    struck out heading and text of former subsec. (b). Text consisted
    of pars. (1)(A) to (D) and (2)(A) and (B) relating to exemptions.
      Subsec. (d). Pub. L. 104-127, Sec. 322(c), added subsec. (d) and
    struck out heading and text of former subsec. (d). Text read as
    follows: "Section 3821 of this title shall not apply to a loan
    described in section 3821 of this title made before December 23,
    1985."
      Subsec. (f). Pub. L. 104-127, Sec. 322(d), added subsec. (f) and
    struck out heading and text of former subsec. (f). Text consisted
    of pars. (1) to (3) relating to minimal effect and mitigation
    exemptions.
      Subsec. (g). Pub. L. 104-127, Sec. 322(e), which directed
    substitution of "person" for "producer", was executed by making the
    substitution in two places.
      Subsec. (h). Pub. L. 104-127, Sec. 322(f), added subsec. (h) and
    struck out heading and text of former subsec. (h). Text consisted
    of pars. (1) to (3) relating to good faith exemptions to
    ineligibility under section 3821 of this title and graduated
    sanctions.
      Subsec. (i). Pub. L. 104-127, Sec. 322(g), inserted before period
    at end "or has otherwise mitigated for the loss of wetland values,
    as determined by the Secretary, through the restoration,
    enhancement, or creation of wetland values in the same general area
    of the local watershed as the converted wetland".
      Subsec. (j). Pub. L. 104-127, Sec. 322(h), added subsec. (j) and
    struck out heading and text of former subsec. (j). Text provided
    that technical determinations and the development of restoration
    and mitigation plans be made through agreement of local
    representative of Soil Conservation Service and representative of
    the Fish and Wildlife Service and required reporting of
    determinations and monitoring.
      Subsec. (k). Pub. L. 104-127, Sec. 322(i), added subsec. (k).
      1990 - Pub. L. 101-624 amended section generally, substituting
    present provisions for provisions relating to eligibility for
    program benefits in connection with production of crops on certain
    wetlands, making program ineligibility inapplicable to pre-Dec. 23,
    1985, section 3821 loans, and providing for personal exemptions
    from program ineligibility for actions associated with production
    of commodities having minimal wetland effect.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-127 effective 90 days after Apr. 4,
    1996, see section 326 of Pub. L. 104-127, set out as a note under
    section 3821 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be followed by "be".

    (!3) So in original. Probably should be "Natural".

-End-

-CITE-
    16 USC Sec. 3823                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER III - WETLAND CONSERVATION

-HEAD-
    Sec. 3823. Affiliated persons

-STATUTE-
      If a person is affected by a reduction in benefits under section
    3821 of this title and the affected person is affiliated with other
    persons for the purpose of receiving the benefits, the benefits of
    each affiliated person shall be reduced under section 3821 of this
    title in proportion to the interest held by the affiliated person.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1223, as added Pub. L. 104-127,
    title III, Sec. 324, Apr. 4, 1996, 110 Stat. 992.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3823, Pub. L. 99-198, title XII, Sec. 1223, Dec.
    23, 1985, 99 Stat. 1508; Pub. L. 101-624, title XIV, Sec. 1423,
    Nov. 28, 1990, 104 Stat. 3576; Pub. L. 102-237, title II, Sec.
    204(4), Dec. 13, 1991, 105 Stat. 1855, related to consultation with
    Secretary of the Interior, prior to repeal by Pub. L. 104-127,
    title III, Secs. 323, 326, Apr. 4, 1996, 110 Stat. 992, effective
    90 days after Apr. 4, 1996.

                              EFFECTIVE DATE                          
      Section effective 90 days after Apr. 4, 1996, see section 326 of
    Pub. L. 104-127, set out as an Effective Date of 1996 Amendment
    note under section 3821 of this title.

-End-

-CITE-
    16 USC Sec. 3824                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER III - WETLAND CONSERVATION

-HEAD-
    Sec. 3824. Fairness of compliance

-STATUTE-
      If the actions of an unrelated person or public entity, outside
    the control of, and without the prior approval of, the landowner or
    tenant result in a change in the characteristics of cropland that
    would cause the land to be determined to be a wetland, the affected
    land shall not be considered to be wetland for purposes of this
    subchapter.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1224, as added Pub. L. 101-624,
    title XIV, Sec. 1424, Nov. 28, 1990, 104 Stat. 3576.)

-End-

-CITE-
    16 USC SUBCHAPTER IV - AGRICULTURAL RESOURCES
           CONSERVATION PROGRAM                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM

-HEAD-
        SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM    

-End-

-CITE-
    16 USC Part I - Comprehensive Conservation Enhancement
                     Program                               01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program

-HEAD-
          PART I - COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM      

-End-

-CITE-
    16 USC subpart a - general provisions                       01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart a - general provisions

-HEAD-
                      SUBPART A - GENERAL PROVISIONS                  

-End-

-CITE-
    16 USC Sec. 3830                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart a - general provisions

-HEAD-
    Sec. 3830. Comprehensive conservation enhancement program

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1230, as added Pub. L. 101-624,
    title XIV, Sec. 1431(2), Nov. 28, 1990, 104 Stat. 3576; amended
    Pub. L. 103-66, title I, Sec. 1402(a), Aug. 10, 1993, 107 Stat.
    332; Pub. L. 104-127, title III, Sec. 331, Apr. 4, 1996, 110 Stat.
    992; Pub. L. 107-171, title II, Sec. 2006(b), May 13, 2002, 116
    Stat. 237.)

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-171, Sec. 2006(b)(1), substituted
    "Comprehensive conservation enhancement program" for "Environmental
    conservation acreage reserve program" in section catchline.
      Subsec. (a)(1). Pub. L. 107-171, Sec. 2006(b)(2), (4),
    substituted "a comprehensive conservation enhancement program" for
    "an environmental conservation acreage reserve program" and "CCEP"
    for "ECARP".
      Subsecs. (a)(2), (3), (b). Pub. L. 107-171, Sec. 2006(b)(4),
    substituted "CCEP" for "ECARP" wherever appearing.
      Subsec. (c). Pub. L. 107-171, Sec. 2006(b)(3), struck out heading
    and text of subsec. (c). Text read as follows:
      "(1) Designation. - The Secretary may designate watersheds,
    multistate areas, or regions of special environmental sensitivity
    as conservation priority areas that are eligible for enhanced
    assistance under this part and part IV of this subchapter.
      "(2) Assistance. - The Secretary may designate areas as
    conservation priority areas to assist, to the maximum extent
    practicable, agricultural producers within the conservation
    priority areas to comply with nonpoint source pollution
    requirements under the Federal Water Pollution Control Act (33
    U.S.C. 1251 et seq.) and other Federal and State environmental laws
    and to meet other conservation needs.
      "(3) Producers. - The Secretary may provide technical assistance,
    cost-share payments, and incentive payments to producers in a
    conservation priority area under this part and part IV of this
    subchapter based on - 
        "(A) the significance of the soil, water, wildlife habitat, and
      related natural resource problems in a watershed, multistate
      area, or region; and
        "(B) the structural practices or land management practices that
      best address the problems, and that maximize environmental
      benefits for each dollar expended, as determined by the
      Secretary."
      1996 - Pub. L. 104-127 amended section generally. Prior to
    amendment, section consisted of subsecs. (a) to (c) requiring
    Secretary to establish and implement an Environmental Conservation
    Acreage Reserve Program during 1991 through 1995 calendar years.
      1993 - Subsec. (b). Pub. L. 103-66 struck out before period at
    end "to place in the Environmental Conservation Acreage Reserve
    Program during the 1986 through 1995 calendar years a total of not
    less than 40,000,000 nor more than 45,000,000 acres".

                          CONSERVATION ASSISTANCE                      
      Pub. L. 106-224, title II, Sec. 211, June 20, 2000, 114 Stat.
    406, as amended by Pub. L. 107-171, title II, Sec. 2503(b)(1)(B),
    May 13, 2002, 116 Stat. 269, provided that:
      "(a) Establishment. - The Secretary shall use $40,000,000 of
    funds of the Commodity Credit Corporation to provide financial
    assistance to farmers and ranchers to - 
        "(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) Type of Assistance. - Assistance under this section may be
    made in the form of cost share payments or incentive payments, as
    determined by the Secretary.
      "(c) Areas. - The Secretary shall provide assistance under this
    section to areas that are not designated under section 1230(c) of
    the Food Security Act of 1985 ([former] 16 U.S.C. 3830(c))."

                        FARMLAND PROTECTION PROGRAM                    
      Pub. L. 104-127, title III, Sec. 388, Apr. 4, 1996, 110 Stat.
    1020, directed Secretary of Agriculture to establish and carry out
    a farmland protection program, prior to repeal by Pub. L. 107-171,
    title II, Sec. 2503(b)(1)(A), May 13, 2002, 116 Stat. 269.
      [Pub. L. 107-171, title II, Sec. 2503(b)(2), May 13, 2002, 116
    Stat. 269, provided that: "The amendment made by paragraph (1)(A)
    [repealing section 388 of Pub. L. 104-127, formerly set out above]
    shall have no effect on any contract entered into under section 388
    of the Federal Agriculture Improvement and Reform Act of 1996 [Pub.
    L. 104-127] (16 U.S.C. 3830 note) that is in effect as of the date
    of enactment of this Act [May 13, 2002]."]

-End-

-CITE-
    16 USC Sec. 3830a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart a - general provisions

-HEAD-
    Sec. 3830a. Repealed.

-MISC1-
    Sec. 3830a. Repealed. Pub. L. 107-171, title I, Sec. 1613(j)(3),
      title II, Sec. 2006(c), May 13, 2002, 116 Stat. 221, 237.
      Section, Pub. L. 99-198, title XII, Sec. 1230A, as added Pub. L.
    106-387, Sec. 1(a) [title VII, Sec. 755], Oct. 28, 2000, 114 Stat.
    1549, 1549A-42, related to good faith reliance.

-End-

-CITE-
    16 USC subpart b - conservation reserve                     01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart b - conservation reserve

-HEAD-
                     SUBPART B - CONSERVATION RESERVE                 

-COD-
                               CODIFICATION                           
      Subchapter B of chapter 1 of subtitle D of title XII of the Food
    Security Act of 1985, comprising this subpart, was originally
    designated in Pub. L. 99-198, title XII, Dec. 23, 1985, 99 Stat.
    1509, by Pub. L. 101-624, title XIV, Secs. 1431(1), 1432(1), Nov.
    28, 1990, 104 Stat. 3576, 3577, and amended by Pub. L. 99-500, Oct.
    18, 1986, 100 Stat. 1783, and Pub. L. 99-591, Oct. 30, 1986, 100
    Stat. 3341; Pub. L. 99-641, Nov. 10, 1986, 100 Stat. 3556; Pub. L.
    100-233, Jan. 6, 1988, 101 Stat. 1568; Pub. L. 100-387, Aug. 11,
    1988, 102 Stat. 924; Pub. L. 101-512, Nov. 5, 1990, 104 Stat. 1915;
    Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3359; Pub. L. 102-237,
    Dec. 13, 1991, 105 Stat. 1818; Pub. L. 102-324, July 22, 1992, 106
    Stat. 447; Pub. L. 102-552, Oct. 28, 1992, 106 Stat. 4102; Pub. L.
    103-66, Aug. 10, 1993, 107 Stat. 312; Pub. L. 104-127, Apr. 4,
    1996, 110 Stat. 888; Pub. L. 106-78, Oct. 22, 1999, 113 Stat. 1135;
    Pub. L. 106-387, Oct. 28, 2000, 114 Stat. 1549; Pub. L. 107-76,
    Nov. 28, 2001, 115 Stat. 704. Subchapter B is shown herein,
    however, as having been added by Pub. L. 107-171, title II, Sec.
    2101(a), May 13, 2002, 116 Stat. 238, without reference to the
    intervening amendments because of the extensive revision of the
    subchapter's provisions by Pub. L. 107-171.

-End-

-CITE-
    16 USC Sec. 3831                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart b - conservation reserve

-HEAD-
    Sec. 3831. Conservation reserve

-STATUTE-
    (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 (16 U.S.C. 3831 note; Public Law 101-624)).
    (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 section 3835a of this
        title, the owner or operator of the land may, within the
        limitations prescribed under this section, specify the duration
        of the contract.
        (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
          section 3822(b)(1)(A) of this title) that was cropped during
          at least 3 of the immediately preceding 10 crop years; and
            (ii) buffer acreage that - 
              (I) is contiguous to the wetland described in clause (i);
              (II) is used to protect the wetland; and
              (III) is of such width as the Secretary determines is
            necessary to protect the wetland, taking into consideration
            and accommodating the farming practices (including the
            straightening of boundaries to accommodate machinery) used
            with respect to the cropland that surrounds the wetland.
        (B) Exclusions
          An owner or operator may not enroll in the conservation
        reserve under this subsection - 
            (i) any wetland, or land on a floodplain, that is, or is
          adjacent to, a perennial riverine system wetland identified
          on the final national wetland inventory map of the Secretary
          of the Interior; or
            (ii) in the case of an area that is not covered by the
          final national inventory map, any wetland, or land on a
          floodplain, that is adjacent to a perennial stream identified
          on a 1-24,000 scale map of the United States Geological
          Survey.
        (C) Program limitations
          (i) In general
            The Secretary may enroll in the conservation reserve under
          this subsection 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 section 3832 of
        this title.
      (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 sections
        3833 and 3834 of this title.
        (B) Continuous signup
          The Secretary shall use continuous signup under section
        3834(c)(2)(B) of this title to determine the acceptability of
        contract offers and the amount of rental payments under this
        subsection.
        (C) Incentives
          The amounts payable to owners and operators in the form of
        rental payments under contracts entered into under this
        subsection shall reflect incentives that are provided to owners
        and operators to enroll filterstrips in the conservation
        reserve under section 3834 of this title.
    (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
        During calendar year 2006, 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 section 3843(b)
          of this title; or
            (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 section 3834(f)(1)
            of this title, a lump sum payment; or
              (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 section 553 of
            title 5;
              (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) chapter 35 of title 44 (commonly known as the
            "Paperwork Reduction Act").
          (iii) Congressional review of agency rulemaking
            In carrying out this subsection, the Secretary shall use
          the authority provided under section 808 of title 5.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1231, as added Pub. L. 107-171,
    title II, Sec. 2101(a), May 13, 2002, 116 Stat. 238; amended Pub.
    L. 109-148, div. B, title I, Sec. 107(a), Dec. 30, 2005, 119 Stat.
    2750; Pub. L. 109-234, title III, Sec. 3022, June 15, 2006, 120
    Stat. 478.)

-COD-
                               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 Pub. L. 109-148,
    which enacted subsec. (k), to reflect the probable intent of
    Congress.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3831, Pub. L. 99-198, title XII, Sec. 1231, Dec.
    23, 1985, 99 Stat. 1509; Pub. L. 99-500, Sec. 101(a) [title VI,
    Sec. 643], Oct. 18, 1986, 100 Stat. 1783, 1783-36, and Pub. L. 99-
    591, Sec. 101(a) [title VI, Sec. 643], Oct. 30, 1986, 100 Stat.
    3341, 3341-36; Pub. L. 99-641, title II, Sec. 205, Nov. 10, 1986,
    100 Stat. 3563; Pub. L. 101-624, title XIV, Secs. 1432(2), 1447(a),
    Nov. 28, 1990, 104 Stat. 3577, 3605; Pub. L. 102-324, Sec. 1(a),
    July 22, 1992, 106 Stat. 447; Pub. L. 103-66, title I, Sec.
    1402(b), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104-127, title III,
    Sec. 332(a)(1), (b), Apr. 4, 1996, 110 Stat. 994; Pub. L. 106-387,
    Sec. 1(a) [title XI, Sec. 1102(a)], Oct. 28, 2000, 114 Stat. 1549,
    1549A-75; Pub. L. 107-76, title VII, Sec. 758(a), Nov. 28, 2001,
    115 Stat. 741, related to a conservation reserve program to be
    formulated and carried out by the Secretary through the 2002
    calendar year, prior to the general amendment of this subpart by
    Pub. L. 107-171.

                                AMENDMENTS                            
      2006 - Subsec. (k)(3)(G). Pub. L. 109-234 substituted
    "$504,100,000" for "$404,100,000".
      2005 - Subsec. (k). Pub. L. 109-148 added subsec. (k).

                                REGULATIONS                            
      Pub. L. 106-387, Sec. 1(a) [title XI, Sec. 1105], Oct. 28, 2000,
    114 Stat. 1549, 1549A-78, required the Secretary of Agriculture, as
    soon as practicable after Oct. 28, 2000, to promulgate regulations
    to implement the amendments by section 1(a) [title XI] of Pub. L.
    106-387, amending former sections 3831 and 3832 of this title.

                         STUDY ON ECONOMIC EFFECTS                     
      Pub. L. 107-171, title II, Sec. 2101(b), May 13, 2002, 116 Stat.
    252, provided that:
      "(1) In general. - Not later than 18 months after the date of
    enactment of this Act [May 13, 2002], the Secretary of Agriculture
    shall submit to the Committee on Agriculture of the House of
    Representatives and the Committee on Agriculture, Nutrition, and
    Forestry of the Senate a report that describes the economic and
    social effects on rural communities resulting from the conservation
    reserve program established under subchapter B of chapter 1 of
    subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
    3831 et seq.).
      "(2) Components. - The study under paragraph (1) shall include
    analyses of - 
        "(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                 
      Pub. L. 106-387, Sec. 1(a) [title XI, Sec. 1104], Oct. 28, 2000,
    114 Stat. 1549, 1549A-78, required the Secretary of Agriculture to
    conduct a study of the impact of the pilot program established
    under former section 3831(h) of this title, as added by section
    1(a) [title XI, Sec. 1102(a)] of Pub. L. 106-387, and to report on
    the results of the study to committees of Congress not later than
    Mar. 1, 2003.

    STUDY OF LAND USE FOR EXPIRING CONTRACTS AND EXTENSION OF AUTHORITY
      Pub. L. 101-624, title XIV, Sec. 1437, Nov. 28, 1990, 104 Stat.
    3584, required the Secretary of Agriculture to conduct a study of
    cropland subject to expiring conservation reserve contracts entered
    into prior to Nov. 28, 1990, and to report on the study to
    committees of Congress not later than Dec. 31, 1993, and authorized
    the Secretary, during calendar years 1996 to 2000, to extend up to
    10 years contracts entered into under this subpart prior to Nov.
    28, 1990, or to purchase long-term or permanent easements as
    provided for in part III of this subchapter, at the option of the
    owner or operator on land that the Secretary has determined under
    the study should remain in conserving uses.

                      EXISTING CONSERVATION PROGRAMS                  
      Pub. L. 99-263, Mar. 24, 1986, 100 Stat. 59, provided: "That the
    conservation reserve program shall not replace or reduce any
    existing conservation program."

-End-

-CITE-
    16 USC Sec. 3832                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart b - conservation reserve

-HEAD-
    Sec. 3832. Duties of owners and operators

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1232, as added Pub. L. 107-171,
    title II, Sec. 2101(a), May 13, 2002, 116 Stat. 242; amended Pub.
    L. 108-7, div. N, title II, Sec. 212, Feb. 20, 2003, 117 Stat.
    545.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3832, Pub. L. 99-198, title XII, Sec. 1232, Dec.
    23, 1985, 99 Stat. 1509; Pub. L. 101-512, title I, Nov. 5, 1990,
    104 Stat. 1919; Pub. L. 101-624, title XIV, Secs. 1433, 1447(a),
    Nov. 28, 1990, 104 Stat. 3579, 3605; Pub. L. 102-237, title II,
    Sec. 204(5), Dec. 13, 1991, 105 Stat. 1855; Pub. L. 102-552, title
    V, Sec. 516(a), Oct. 28, 1992, 106 Stat. 4136; Pub. L. 104-127,
    title III, Sec. 332(a)(2), Apr. 4, 1996, 110 Stat. 994; Pub. L. 106-
    78, title VII, Secs. 763, 769, Oct. 22, 1999, 113 Stat. 1173,
    1174; Pub. L. 106-387, Sec. 1(a) [title VIII, Sec. 817, title XI,
    Sec. 1103], Oct. 28, 2000, 114 Stat. 1549, 1549A-58, 1549A-77; Pub.
    L. 107-76, title VII, Secs. 758(b), 759(b)(2), Nov. 28, 2001, 115
    Stat. 741, related to duties of owners and operators, prior to the
    general amendment of this subpart by Pub. L. 107-171.

                                AMENDMENTS                            
      2003 - Subsec. (a)(7)(A)(iii). Pub. L. 108-7 inserted before
    semicolon ", 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".

-End-

-CITE-
    16 USC Sec. 3833                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart b - conservation reserve

-HEAD-
    Sec. 3833. Duties of the Secretary

-STATUTE-
      In return for a contract entered into by an owner or operator
    under section 3832 of this title, the Secretary shall - 
        (1) share the cost of carrying out the conservation measures
      and practices set forth in the contract for which the Secretary
      determines that cost sharing is appropriate and in the public
      interest; 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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1233, as added Pub. L. 107-171,
    title II, Sec. 2101(a), May 13, 2002, 116 Stat. 245.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3833, Pub. L. 99-198, title XII, Sec. 1233, Dec.
    23, 1985, 99 Stat. 1511, related to duties of Secretary, prior to
    the general amendment of this subpart by Pub. L. 107-171.

-End-

-CITE-
    16 USC Sec. 3834                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart b - conservation reserve

-HEAD-
    Sec. 3834. Payments

-STATUTE-
    (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 section 3835a
          of this title.
        (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 section 1307 of title 7, shall be used to determine
        whether corporations and their stockholders may be considered
        as separate persons under this subsection.
      (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 (7 U.S.C. 1308 note; Public Law 100-203), shall not
        be applicable to payments received by a State, political
        subdivision, or agency thereof in connection with agreements
        entered into under a special conservation reserve enhancement
        program carried out by that entity that has been approved by
        the Secretary.
        (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1234, as added Pub. L. 107-171,
    title II, Sec. 2101(a), May 13, 2002, 116 Stat. 245.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Farm Security and Rural Investment Act of 2002, referred to
    in subsec. (f)(3), is Pub. L. 107-171, May 13, 2002, 116 Stat. 134.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 7901 of Title 7, Agriculture, and
    Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3834, Pub. L. 99-198, title XII, Sec. 1234, Dec.
    23, 1985, 99 Stat. 1511; Pub. L. 100-387, title III, Sec. 322, Aug.
    11, 1988, 102 Stat. 950; Pub. L. 101-624, title XIV, Secs. 1434,
    1447(a), Nov. 28, 1990, 104 Stat. 3581, 3605, related to payments
    for obligations, prior to the general amendment of this subpart by
    Pub. L. 107-171.

                     CONSERVATION RESEARCH APPLICATION                 
      For provisions directing that enumerated provisions of the Food
    Security Act of 1985 shall apply to the conservation reserve
    program under this subchapter with respect to rental payments to
    persons under contracts entered into after Dec. 22, 1987, with
    certain exceptions, see section 1305(d) of Pub. L. 100-203, set out
    as a note under section 1308 of Title 7, Agriculture.

-End-

-CITE-
    16 USC Sec. 3835                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart b - conservation reserve

-HEAD-
    Sec. 3835. Contracts

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1235, as added Pub. L. 107-171,
    title II, Sec. 2101(a), May 13, 2002, 116 Stat. 249.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3835, Pub. L. 99-198, title XII, Sec. 1235, Dec.
    23, 1985, 99 Stat. 1513; Pub. L. 100-233, title VIII, Sec. 801,
    Jan. 6, 1988, 101 Stat. 1710; Pub. L. 101-624, title XIV, Sec.
    1447(a), Nov. 28, 1990, 104 Stat. 3605; Pub. L. 104-127, title III,
    Sec. 332(c), Apr. 4, 1996, 110 Stat. 994, related to contracts,
    prior to the general amendment of this subpart by Pub. L. 107-171.

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

-End-

-CITE-
    16 USC Sec. 3835a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart b - conservation reserve

-HEAD-
    Sec. 3835a. Conversion of land subject to contract to other
      conserving uses

-STATUTE-
    (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 section 2103a of this
    title.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1235A, as added Pub. L. 107-171,
    title II, Sec. 2101(a), May 13, 2002, 116 Stat. 251.)

-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 3835a and 3836 were omitted in the general
    amendment of this subpart by Pub. L. 107-171.
      Section 3835a, Pub. L. 99-198, title XII, Sec. 1235A, as added
    Pub. L. 101-624, title XIV, Sec. 1435, Nov. 28, 1990, 104 Stat.
    3582; amended Pub. L. 102-324, Sec. 1(b), July 22, 1992, 106 Stat.
    447, related to conversion of land subject to contract to other
    conserving uses.
      Section 3836, Pub. L. 99-198, title XII, Sec. 1236, Dec. 23,
    1985, 99 Stat. 1514; Pub. L. 101-624, title XIV, Secs. 1436,
    1447(a), Nov. 28, 1990, 104 Stat. 3583, 3605; Pub. L. 107-76, title
    VII, Sec. 759(b)(1), Nov. 28, 2001, 115 Stat. 741, related to
    cropland base and allotment history.
      A prior section 3836a, Pub. L. 104-127, title III, Sec. 387, Apr.
    4, 1996, 110 Stat. 1020, related to Wildlife Habitat Incentive
    Program, prior to repeal by Pub. L. 107-171, title II, Sec.
    2502(b), May 13, 2002, 116 Stat. 267. See section 3839bb-1 of this
    title.

-End-

-CITE-
    16 USC subpart c - wetlands reserve program                 01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart c - wetlands reserve program

-HEAD-
                   SUBPART C - WETLANDS RESERVE PROGRAM               

-End-

-CITE-
    16 USC Sec. 3837                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart c - wetlands reserve program

-HEAD-
    Sec. 3837. Wetlands reserve program

-STATUTE-
    (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 section 3831(a) of this title if eligible land
    that is subject to such contract is transferred into the program
    established by this subpart.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1237, as added Pub. L. 101-624,
    title XIV, Sec. 1438, Nov. 28, 1990, 104 Stat. 3584; amended Pub.
    L. 102-237, title II, Sec. 204(6), Dec. 13, 1991, 105 Stat. 1855;
    Pub. L. 103-66, title I, Sec. 1402(c), Aug. 10, 1993, 107 Stat.
    333; Pub. L. 104-127, title III, Sec. 333(a)-(c), Apr. 4, 1996, 110
    Stat. 995; Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec.
    752], Oct. 21, 1998, 112 Stat. 2681, 2681-32; Pub. L. 107-171,
    title II, Secs. 2201, 2202, May 13, 2002, 116 Stat. 252.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b). Pub. L. 107-171, Sec. 2202(1), added subsec.
    (b) and struck out heading and text of former subsec. (b). Text
    read as follows:
      "(1) Maximum enrollment. - The total number of acres enrolled in
    the wetlands reserve program shall not exceed 975,000 acres.
      "(2) Methods of enrollment. - 
        "(A) In general. - Subject to subparagraph (B), effective
      beginning October 1, 1996, to the maximum extent practicable, the
      Secretary shall enroll into the wetlands reserve program - 
          "(i)  1/3  of the acres through the use of permanent
        easements;
          "(ii)  1/3  of the acres through the use of 30-year
        easements; and
          "(iii)  1/3  of the acres through the use of restoration cost-
        share agreements.
        "(B) Temporary easements. - Effective beginning October 1,
      1996, the Secretary shall not enroll acres in the wetlands
      reserve program through the use of new permanent easements until
      the Secretary has enrolled at least 75,000 acres in the program
      through the use of temporary easements.
        "(C) 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). Pub. L. 107-171, Sec. 2201, substituted "2007" for
    "2002" in introductory provisions.
      Subsec. (g). Pub. L. 107-171, Sec. 2202(2), struck out heading
    and text of subsec. (g). Text read as follows: "The Secretary shall
    enroll lands in the wetland reserve through the purchase of
    easements as provided for in section 3837a of this title."
      1998 - Subsec. (b)(2)(C). Pub. L. 105-277 added subpar. (C).
      1996 - Subsec. (b). Pub. L. 104-127, Sec. 333(a), added subsec.
    (b) and struck out heading and text of former subsec. (b). Text
    read as follows: "The Secretary shall enroll into the wetlands
    reserve program - 
        "(1) a total of not less than 330,000 acres by the end of the
      1995 calendar year; and
        "(2) a total of not less than 975,000 acres during the 1991
      through 2000 calendar years."
      Subsec. (c). Pub. L. 104-127, Sec. 333(b), substituted "2002" for
    "2000" in introductory provisions, added par. (1), and redesignated
    former pars. (1) and (2) as (2) and (3), respectively.
      Subsec. (d). Pub. L. 104-127, Sec. 333(c), in introductory
    provisions, inserted ", land that maximizes wildlife benefits and
    that is" after "subsection (c) of this section" and, in par. (2),
    substituted "or" for "and" at end.
      1993 - Subsec. (b). Pub. L. 103-66, Sec. 1402(c)(1), added
    subsec. (b) and struck out former subsec. (b) "Number of Acres"
    which read as follows: "To the extent practicable, the Secretary
    shall attempt to enroll into the wetlands reserve program,
    1,000,000 acres of land during the 1991 through 1995 calendar
    years; except that the Secretary may not enroll more than 200,000
    acres in 1991, 400,000 acres in the 1991 to 1992 period, 600,000
    acres in the 1991 to 1993 period, 800,000 acres in the 1991 to 1994
    period, and 1,000,000 acres in the 1991 to 1995 period."
      Subsec. (c). Pub. L. 103-66, Sec. 1402(c)(2), substituted "2000"
    for "1995".
      1991 - Subsec. (d). Pub. L. 102-237 substituted "subsection (c)"
    for "subsection (d)" in introductory provisions.

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

-End-

-CITE-
    16 USC Sec. 3837a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart c - wetlands reserve program

-HEAD-
    Sec. 3837a. Easements and agreements

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1237A, as added Pub. L. 101-624,
    title XIV, Sec. 1438, Nov. 28, 1990, 104 Stat. 3585; amended Pub.
    L. 104-127, title III, Sec. 333(d), Apr. 4, 1996, 110 Stat. 996;
    Pub. L. 107-171, title II, Sec. 2203, May 13, 2002, 116 Stat. 252.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (h). Pub. L. 107-171 struck out heading and text
    of subsec. (h). Text read as follows: "The Secretary may enroll
    land into the wetlands reserve program through an agreement that
    requires the landowner to restore wetlands on the land, if the
    agreement does not provide the Secretary with an easement."
      1996 - Pub. L. 104-127, Sec. 333(d)(1), inserted "and agreements"
    after "Easements" in section catchline.
      Subsec. (c). Pub. L. 104-127, Sec. 333(d)(2), added subsec. (c)
    and struck out heading and text of former subsec. (c). Text read as
    follows:
      "(1) Plans. - The development of restoration plans under this
    section shall be made through the agreement of the local
    representative of the Soil Conservation Service and a
    representative of the Fish and Wildlife Service. If agreement
    cannot be reached at the local level under the preceding sentence
    within a reasonable period of time, such plans shall be referred to
    the State Conservationist, who in developing such plans under this
    paragraph, shall consult with the Fish and Wildlife Service.
      "(2) Report. - The State Conservationist and a representative of
    the Fish and Wildlife Service shall report to their respective
    national offices concerning all plans developed under paragraph (1)
    at the State level as a result of an agreement not being reached at
    the local level."
      Subsec. (f). Pub. L. 104-127, Sec. 333(d)(3), substituted
    "Compensation may be provided in not less than 5, nor more than 30,
    annual payments of equal or unequal size, as agreed to by the owner
    and the Secretary." for "Compensation may be provided in not less
    than 5 nor more than 20 annual payments of either equal or unequal
    size, except in the case of a permanent easement, a single lump-sum
    payment may be provided, as agreed on by the owner and the
    Secretary."
      Subsec. (h). Pub. L. 104-127, Sec. 333(d)(4), added subsec. (h).

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

-End-

-CITE-
    16 USC Sec. 3837b                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart c - wetlands reserve program

-HEAD-
    Sec. 3837b. Duties of owners

-STATUTE-
      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.

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

-End-

-CITE-
    16 USC Sec. 3837c                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart c - wetlands reserve program

-HEAD-
    Sec. 3837c. Duties of Secretary

-STATUTE-
    (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.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3837a(h) of this title, referred to in subsec. (b)(2),
    was repealed by Pub. L. 107-171, title II, Sec. 2203, May 13, 2002,
    116 Stat. 252.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-127 added subsec. (b) and struck
    out heading and text of former subsec. (b). Text read as follows:
    "In making cost share payments under subsection (a)(1) of this
    section, the Secretary shall pay the owner an amount that is not
    less than 50 percent but not more than 75 percent of eligible costs
    with respect to an easement which is not permanent, and not less
    than 75 percent but not more than 100 percent of eligible costs
    with respect to a permanent easement."

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

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    16 USC Sec. 3837d                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart c - wetlands reserve program

-HEAD-
    Sec. 3837d. Payments

-STATUTE-
    (a) Time of payment
      The Secretary shall provide payment for obligations incurred by
    the Secretary under this subpart - 
        (1) with respect to any cost sharing obligation as soon as
      possible after the obligation is incurred; and
        (2) with respect to any annual easement payment obligation
      incurred by the Secretary as soon as possible after October 1 of
      each calendar year.
    (b) Payments to others
      If an owner who is entitled to a payment under this subpart dies,
    becomes incompetent, is otherwise unable to receive such payment,
    or is succeeded by another person who renders or completes the
    required performance, the Secretary shall make such payment, in
    accordance with regulations prescribed by the Secretary and without
    regard to any other provision of law, in such manner as the
    Secretary determines is fair and reasonable in light of all of the
    circumstances.
    (c) Payment limitation
      (1) In general
        The total amount of easement payments made to a person under
      this subpart for any year may not exceed $50,000, except such
      limitation shall not apply with respect to payments for perpetual
      or 30-year easements.
      (2) Regulations
        The Secretary shall issue regulations prescribing such rules as
      the Secretary determines necessary to ensure a fair and
      reasonable application of the limitation contained in this
      subsection.
      (3) Other payments
        Easement payments received by an owner shall be in addition to,
      and not affect, the total amount of payments that such owner is
      otherwise eligible to receive under this Act, the Food,
      Agriculture, Conservation, and Trade Act of 1990, or the
      Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
      (4) State wetland and environmental enhancement
        The provisions of this subsection that limit payments to any
      person, and section 1305(d) of the Agricultural Reconciliation
      Act of 1987 (7 U.S.C. 1308 note), shall not be applicable to
      payments received by a State, political subdivision, or agency
      thereof in connection with agreements entered into under a
      special wetland and environmental easement enhancement program
      carried out by that entity that has been approved by the
      Secretary. The Secretary may enter into such agreements for
      payments to States, political subdivisions, or agencies thereof
      that the Secretary determines will advance the purposes of this
      subpart.
    (d) Exemption from automatic sequester
      Notwithstanding any other provision of law, no order issued under
    section 902 of title 2 shall affect any payment under this subpart.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (c)(3), is Pub. L. 99-198, Dec.
    23, 1985, 99 Stat. 1354, as amended, known as the Food Security Act
    of 1985. For complete classification of this Act to the Code, see
    Short Title of 1985 Amendment note set out under section 1281 of
    Title 7, Agriculture, and Tables.
      The Food, Agriculture, Conservation, and Trade Act of 1990,
    referred to in subsec. (c)(3), is Pub. L. 101-624, Nov. 28, 1990,
    104 Stat. 3359, as amended. For complete classification of this Act
    to the Code, see Short Title of 1990 Amendment note set out under
    section 1421 of Title 7 and Tables.
      The Agricultural Act of 1949, referred to in subsec. (c)(3), is
    act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
    classified principally to chapter 35A (Sec. 1421 et seq.) of Title
    7. For complete classification of this Act to the Code, see Short
    Title note set out under section 1421 of Title 7 and Tables.
      Section 1305(d) of the Agricultural Reconciliation Act of 1987,
    referred to in subsec. (c)(4), is section 1305(d) of Pub. L. 100-
    203, which is set out as a note under section 1308 of Title 7.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c)(1). Pub. L. 105-277 inserted "or 30-year"
    after "perpetual".

-End-

-CITE-
    16 USC Sec. 3837e                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart c - wetlands reserve program

-HEAD-
    Sec. 3837e. Changes in ownership; agreement modification;
      termination

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1237E, as added Pub. L. 101-624,
    title XIV, Sec. 1438, Nov. 28, 1990, 104 Stat. 3589; amended Pub.
    L. 107-171, title II, Sec. 2204, May 13, 2002, 116 Stat. 253.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(2). Pub. L. 107-171 added par. (2) and struck
    out former par. (2) which read as follows: "the new ownership was
    acquired before January 1, 1990; or".

-End-

-CITE-
    16 USC Sec. 3837f                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Comprehensive Conservation Enhancement Program
    subpart c - wetlands reserve program

-HEAD-
    Sec. 3837f. Administration and funding

-STATUTE-
    (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.

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

-End-

-CITE-
    16 USC Part II - Conservation Security and Farmland
           Protection                                      01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection

-HEAD-
          PART II - CONSERVATION SECURITY AND FARMLAND PROTECTION      

-End-

-CITE-
    16 USC subpart a - conservation security program            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart a - conservation security program

-HEAD-
                 SUBPART A - CONSERVATION SECURITY PROGRAM             

-End-

-CITE-
    16 USC Sec. 3838                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart a - conservation security program

-HEAD-
    Sec. 3838. Definitions

-STATUTE-
      In this subpart:
      (1) Base payment
        The term "base payment" means an amount that is - 
          (A) determined in accordance with the rate described in
        section 3838c(b)(1)(A) of this title; and
          (B) paid to a producer under a conservation security contract
        in accordance with clause (i) of subparagraph (C), (D), or (E)
        of section 3838c(b)(1) of this title, as appropriate.
      (2) Beginning farmer or rancher
        The term "beginning farmer or rancher" has the meaning given
      the term under section 1991(a) of title 7.
      (3) Conservation practice
        The term "conservation practice" means a conservation farming
      practice described in section 3838a(d)(4) of this title that - 
          (A) requires planning, implementation, management, and
        maintenance; and
          (B) promotes 1 or more of the purposes described in section
        3838a(a) of this title.
      (4) Conservation security contract
        The term "conservation security contract" means a contract
      described in section 3838a(e) of this title.
      (5) Conservation security plan
        The term "conservation security plan" means a plan described in
      section 3838a(c) of this title.
      (6) Conservation security program
        The term "conservation security program" means the program
      established under section 3838a(a) of this title.
      (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 section 3838c(b)(1)(C)(iii) of this title.
      (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 section 3838a(d)(5)(A) of this title.
      (14) Tier II conservation security contract
        The term "Tier II conservation security contract" means a
      contract described in section 3838a(d)(5)(B) of this title.
      (15) Tier III conservation security contract
        The term "Tier III conservation security contract" means a
      contract described in section 3838a(d)(5)(C) of this title.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1238, as added Pub. L. 107-171,
    title II, Sec. 2001(a), May 13, 2002, 116 Stat. 223.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3838, Pub. L. 99-198, title XII, Sec. 1238, as
    added Pub. L. 101-624, title XIV, Sec. 1439, Nov. 28, 1990, 104
    Stat. 3590, related to policy of Congress on water quality
    protection, prior to repeal by Pub. L. 104-127, title III, Sec.
    336(h), Apr. 4, 1996, 110 Stat. 1007.

                                REGULATIONS                            
      Pub. L. 107-171, title II, Sec. 2001(b), May 13, 2002, 116 Stat.
    233, provided that: "Not later than 270 days after the date of
    enactment of this Act [May 13, 2002], the Secretary of Agriculture
    shall promulgate regulations implementing the amendment made by
    subsection (a) [enacting this subpart]."

-End-

-CITE-
    16 USC Sec. 3838a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart a - conservation security program

-HEAD-
    Sec. 3838a. Conservation security program

-STATUTE-
    (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 section
      3838c(g) of this title for the development of conservation
      security contracts), a producer shall - 
          (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1238A, as added Pub. L. 107-171,
    title II, Sec. 2001(a), May 13, 2002, 116 Stat. 225; amended Pub.
    L. 109-171, title I, Sec. 1202(a), Feb. 8, 2006, 120 Stat. 5.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3838a, Pub. L. 99-198, title XII, Sec. 1238A, as
    added Pub. L. 101-624, title XIV, Sec. 1439, Nov. 28, 1990, 104
    Stat. 3590, defined terms for purposes of this part, prior to
    repeal by Pub. L. 104-127, title III, Sec. 336(h), Apr. 4, 1996,
    110 Stat. 1007.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-171 substituted "2011" for
    "2007".

-End-

-CITE-
    16 USC Sec. 3838b                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart a - conservation security program

-HEAD-
    Sec. 3838b. Duties of producers

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1238B, as added Pub. L. 107-171,
    title II, Sec. 2001(a), May 13, 2002, 116 Stat. 230.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3838b, Pub. L. 99-198, title XII, Sec. 1238B, as
    added Pub. L. 101-624, title XIV, Sec. 1439, Nov. 28, 1990, 104
    Stat. 3590, directed Secretary to formulate and carry out
    agricultural water quality protection program, prior to repeal by
    Pub. L. 104-127, title III, Sec. 336(h), Apr. 4, 1996, 110 Stat.
    1007.

-End-

-CITE-
    16 USC Sec. 3838c                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart a - conservation security program

-HEAD-
    Sec. 3838c. Duties of the Secretary

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1238C, as added Pub. L. 107-171,
    title II, Sec. 2001(a), May 13, 2002, 116 Stat. 230.)

-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 3838c to 3838f were repealed by Pub. L. 104-127,
    title III, Sec. 336(h), Apr. 4, 1996, 110 Stat. 1007.
      Section 3838c, Pub. L. 99-198, title XII, Sec. 1238C, as added
    Pub. L. 101-624, title XIV, Sec. 1439, Nov. 28, 1990, 104 Stat.
    3594, related to lands eligible for enrollment in water quality
    protection program.
      Section 3838d, Pub. L. 99-198, title XII, Sec. 1238D, as added
    Pub. L. 101-624, title XIV, Sec. 1439, Nov. 28, 1990, 104 Stat.
    3595, related to technical assistance for water quality protection.
      Section 3838e, Pub. L. 99-198, title XII, Sec. 1238E, as added
    Pub. L. 101-624, title XIV, Sec. 1439, Nov. 28, 1990, 104 Stat.
    3596, related to demonstration and pilot programs.
      Section 3838f, Pub. L. 99-198, title XII, Sec. 1238F, as added
    Pub. L. 101-624, title XIV, Sec. 1439, Nov. 28, 1990, 104 Stat.
    3596, related to report to Congress.

-End-

-CITE-
    16 USC subpart b - farmland protection program              01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart b - farmland protection program

-HEAD-
                  SUBPART B - FARMLAND PROTECTION PROGRAM              

-COD-
                               CODIFICATION                           
      Section 2503(a) of Pub. L. 107-171, which directed that
    subchapter B (this subpart) be added at the end of chapter 2 of the
    Food Security Act of 1985, was executed by adding subchapter B
    after subchapter A of chapter 2 of subtitle D of title XII of the
    Food Security Act of 1985 (subpart A of this part) to reflect the
    probable intent of Congress and a prior amendment by section 2401
    of Pub. L. 107-171, which had added subchapter C (subpart C of this
    part) at the end of chapter 2 of subtitle D of title XII of the
    Food Security Act of 1985.

-End-

-CITE-
    16 USC Sec. 3838h                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart b - farmland protection program

-HEAD-
    Sec. 3838h. Definitions

-STATUTE-
      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 section 170(h)(4)(A) of title 26;
            (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
      section 450b of title 25.
      (4) Program
        The term "program" means the farmland protection program
      established under section 3838i(a) of this title.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1238H, as added Pub. L. 107-171,
    title II, Sec. 2503(a), May 13, 2002, 116 Stat. 267.)

-End-

-CITE-
    16 USC Sec. 3838i                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart b - farmland protection program

-HEAD-
    Sec. 3838i. Farmland protection

-STATUTE-
    (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 section 3841(d) of this title
        shall not exceed 50 percent of the appraised fair market value
        of the conservation easement or other interest in eligible
        land.
        (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
        section 3841(d) of this title, an eligible entity may include a
        charitable donation by the private landowner from which the
        eligible land is to be purchased of not more than 25 percent of
        the fair market value of the conservation easement or other
        interest in eligible land.
      (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1238I, as added Pub. L. 107-171,
    title II, Sec. 2503(a), May 13, 2002, 116 Stat. 268.)

-End-

-CITE-
    16 USC Sec. 3838j                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart b - farmland protection program

-HEAD-
    Sec. 3838j. Farm viability program

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1238J, as added Pub. L. 107-171,
    title II, Sec. 2503(a), May 13, 2002, 116 Stat. 269.)

-End-

-CITE-
    16 USC subpart c - grassland reserve program                01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart c - grassland reserve program

-HEAD-
                   SUBPART C - GRASSLAND RESERVE PROGRAM               

-COD-
                               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.

-End-

-CITE-
    16 USC Sec. 3838n                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart c - grassland reserve program

-HEAD-
    Sec. 3838n. Grassland reserve program

-STATUTE-
    (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.

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

-End-

-CITE-
    16 USC Sec. 3838o                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart c - grassland reserve program

-HEAD-
    Sec. 3838o. Requirements relating to easements and agreements

-STATUTE-
    (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.

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

-End-

-CITE-
    16 USC Sec. 3838p                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart c - grassland reserve program

-HEAD-
    Sec. 3838p. Duties of Secretary

-STATUTE-
    (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.

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

-End-

-CITE-
    16 USC Sec. 3838q                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Conservation Security and Farmland Protection
    subpart c - grassland reserve program

-HEAD-
    Sec. 3838q. Delegation to private organizations

-STATUTE-
    (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.

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

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-447, Sec. 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, Sec. 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.

-End-

-CITE-
    16 USC Part III - Environmental Easement Program            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part III - Environmental Easement Program

-HEAD-
                 PART III - ENVIRONMENTAL EASEMENT PROGRAM             

-End-

-CITE-
    16 USC Sec. 3839                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part III - Environmental Easement Program

-HEAD-
    Sec. 3839. Environmental easement program

-STATUTE-
    (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 [16 U.S.C. 1301 et seq.],
      or other cropland that - 
          (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 section 3831(a) of this title if eligible land
      that is subject to such contract is transferred into the program
      established by this part.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1239, as added Pub. L. 101-624,
    title XIV, Sec. 1440, Nov. 28, 1990, 104 Stat. 3597; amended Pub.
    L. 102-237, title II, Sec. 204(7), Dec. 13, 1991, 105 Stat. 1855.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Water Bank Act, referred to in subsec. (b)(1), is Pub. L. 91-
    559, Dec. 19, 1970, 84 Stat. 1468, as amended, which is classified
    generally to chapter 29 (Sec. 1301 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1301 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (b)(1)(A). Pub. L. 102-237 substituted a semicolon
    for comma after "corridors".

-End-

-CITE-
    16 USC Sec. 3839a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part III - Environmental Easement Program

-HEAD-
    Sec. 3839a. Duties of owners; components of plan

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1239A, as added Pub. L. 101-624,
    title XIV, Sec. 1440, Nov. 28, 1990, 104 Stat. 3597.)

-End-

-CITE-
    16 USC Sec. 3839b                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part III - Environmental Easement Program

-HEAD-
    Sec. 3839b. Duties of Secretary

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1239B, as added Pub. L. 101-624,
    title XIV, Sec. 1440, Nov. 28, 1990, 104 Stat. 3598.)

-End-

-CITE-
    16 USC Sec. 3839c                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part III - Environmental Easement Program

-HEAD-
    Sec. 3839c. Payments

-STATUTE-
    (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 (7 U.S.C. 1421 et seq.).
      (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 (7 U.S.C. 1308 note), shall not be applicable to
      payments received by a State, political subdivision, or agency
      thereof in connection with agreements entered into under an
      environmental easement enhancement program carried out by that
      entity that has been approved by the Secretary. The Secretary may
      enter into such agreements for payments to States, political
      subdivisions, or agencies thereof that the Secretary determines
      will advance the purposes of this part.
    (g) Exemption from automatic sequester
      Notwithstanding any other provision of law, no order issued under
    section 902 of title 2 shall affect any payment under this part.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1239C, as added Pub. L. 101-624,
    title XIV, Sec. 1440, Nov. 28, 1990, 104 Stat. 3599.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (f)(3), is Pub. L. 99-198, Dec.
    23, 1985, 99 Stat. 1354, as amended, known as the Food Security Act
    of 1985. For complete classification of this Act to the Code, see
    Short Title of 1985 Amendment note set out under section 1281 of
    Title 7, Agriculture, and Tables.
      The Food, Agriculture, Conservation, and Trade Act of 1990,
    referred to in subsec. (f)(3), is Pub. L. 101-624, Nov. 28, 1990,
    104 Stat. 3359, as amended. For complete classification of this Act
    to the Code, see Short Title of 1990 Amendment note set out under
    section 1421 of Title 7 and Tables.
      The Agricultural Act of 1949, referred to in subsec. (f)(3), is
    act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
    classified principally to chapter 35A (Sec. 1421 et seq.) of Title
    7. For complete classification of this Act to the Code, see Short
    Title note set out under section 1421 of Title 7 and Tables.
      Section 1305(d) of the Agricultural Reconciliation Act of 1987,
    referred to in subsec. (f)(4), is section 1305(d) of Pub. L. 100-
    203, which is set out as a note under section 1308 of Title 7.

-End-

-CITE-
    16 USC Sec. 3839d                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part III - Environmental Easement Program

-HEAD-
    Sec. 3839d. Changes in ownership; modification of easement

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1239D, as added Pub. L. 101-624,
    title XIV, Sec. 1440, Nov. 28, 1990, 104 Stat. 3600.)

-End-

-CITE-
    16 USC Part IV - Environmental Quality Incentives Program    01/03/2007 

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
            PART IV - ENVIRONMENTAL QUALITY INCENTIVES PROGRAM        

-COD-
                               CODIFICATION                           
      Chapter 4 of subtitle D of title XII of the Food Security Act of
    1985, comprising this part, was originally added to Pub. L. 99-198
    by Pub. L. 104-127, title III, Sec. 334, Apr. 4, 1996, 110 Stat.
    996. Chapter 4 is shown herein, however, as having been added by
    Pub. L. 107-171, title II, Sec. 2301, May 13, 2002, 116 Stat. 253,
    because of the extensive revision of the chapter's provisions by
    Pub. L. 107-171.

-End-

-CITE-
    16 USC Sec. 3839aa                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
    Sec. 3839aa. Purposes

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240, as added Pub. L. 107-171,
    title II, Sec. 2301, May 13, 2002, 116 Stat. 253.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3839aa, Pub. L. 99-198, title XII, Sec. 1240, as
    added Pub. L. 104-127, title III, Sec. 334, Apr. 4, 1996, 110 Stat.
    996, related to purposes, prior to the general amendment of this
    part by Pub. L. 107-171.

-End-

-CITE-
    16 USC Sec. 3839aa-1                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
    Sec. 3839aa-1. Definitions

-STATUTE-
      In this part:
      (1) Beginning farmer or rancher
        The term "beginning farmer or rancher" has the meaning provided
      under section 1991(a) of title 7.
      (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240A, as added Pub. L. 107-171,
    title II, Sec. 2301, May 13, 2002, 116 Stat. 253.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3839aa-1, Pub. L. 99-198, title XII, Sec. 1240A,
    as added Pub. L. 104-127, title III, Sec. 334, Apr. 4, 1996, 110
    Stat. 997, related to definitions of terms, prior to the general
    amendment of this part by Pub. L. 107-171.

-End-

-CITE-
    16 USC Sec. 3839aa-2                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
    Sec. 3839aa-2. Establishment and administration of environmental
      quality incentives program

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240B, as added Pub. L. 107-171,
    title II, Sec. 2301, May 13, 2002, 116 Stat. 254; amended Pub. L.
    108-447, div. A, title VII, Sec. 794(a), Dec. 8, 2004, 118 Stat.
    2852; Pub. L. 109-171, title I, Sec. 1203(a), Feb. 8, 2006, 120
    Stat. 6.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3839aa-2, Pub. L. 99-198, title XII, Sec. 1240B,
    as added Pub. L. 104-127, title III, Sec. 334, Apr. 4, 1996, 110
    Stat. 998, related to establishment and administration of
    environmental quality incentives program, prior to the general
    amendment of this part by Pub. L. 107-171.

                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-171 substituted "2010" for
    "2007".
      2004 - Subsec. (h). Pub. L. 108-447 added subsec. (h).

-End-

-CITE-
    16 USC Sec. 3839aa-3                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
    Sec. 3839aa-3. Evaluation of offers and payments

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240C, as added Pub. L. 107-171,
    title II, Sec. 2301, May 13, 2002, 116 Stat. 256.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3839aa-3, Pub. L. 99-198, title XII, Sec. 1240C,
    as added Pub. L. 104-127, title III, Sec. 334, Apr. 4, 1996, 110
    Stat. 1000, related to evaluation of offers and payments, prior to
    the general amendment of this part by Pub. L. 107-171.

-End-

-CITE-
    16 USC Sec. 3839aa-4                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
    Sec. 3839aa-4. Duties of producers

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240D, as added Pub. L. 107-171,
    title II, Sec. 2301, May 13, 2002, 116 Stat. 256.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3839aa-4, Pub. L. 99-198, title XII, Sec. 1240D,
    as added Pub. L. 104-127, title III, Sec. 334, Apr. 4, 1996, 110
    Stat. 1000, related to duties of producers, prior to the general
    amendment of this part by Pub. L. 107-171.

-End-

-CITE-
    16 USC Sec. 3839aa-5                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
    Sec. 3839aa-5. Environmental quality incentives program plan

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240E, as added Pub. L. 107-171,
    title II, Sec. 2301, May 13, 2002, 116 Stat. 256.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3839aa-5, Pub. L. 99-198, title XII, Sec. 1240E,
    as added Pub. L. 104-127, title III, Sec. 334, Apr. 4, 1996, 110
    Stat. 1001, related to environmental quality incentives program
    plan, prior to the general amendment of this part by Pub. L. 107-
    171.

-End-

-CITE-
    16 USC Sec. 3839aa-6                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
    Sec. 3839aa-6. Duties of the Secretary

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240F, as added Pub. L. 107-171,
    title II, Sec. 2301, May 13, 2002, 116 Stat. 257.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3839aa-6, Pub. L. 99-198, title XII, Sec. 1240F,
    as added Pub. L. 104-127, title III, Sec. 334, Apr. 4, 1996, 110
    Stat. 1001, related to duties of Secretary, prior to the general
    amendment of this part by Pub. L. 107-171.

-End-

-CITE-
    16 USC Sec. 3839aa-7                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
    Sec. 3839aa-7. Limitation on payments

-STATUTE-
      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 section 3839aa-2(h) of this title) regardless of
    the number of contracts entered into under this part by the
    individual or entity.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240G, as added Pub. L. 107-171,
    title II, Sec. 2301, May 13, 2002, 116 Stat. 257; amended Pub. L.
    108-447, div. A, title VII, Sec. 794(b), Dec. 8, 2004, 118 Stat.
    2852; Pub. L. 109-171, title I, Sec. 1203(b), Feb. 8, 2006, 120
    Stat. 6.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3839aa-7, Pub. L. 99-198, title XII, Sec. 1240G,
    as added Pub. L. 104-127, title III, Sec. 334, Apr. 4, 1996, 110
    Stat. 1001, related to limitation on payments, prior to the general
    amendment of this part by Pub. L. 107-171.

                                AMENDMENTS                            
      2006 - Pub. L. 109-171 substituted "any six-year period" for "the
    period of fiscal years 2002 through 2007".
      2004 - Pub. L. 108-447 inserted "(excluding funding arrangements
    with federally recognized Native American Indian Tribes or Alaska
    Native Corporations under section 3839aa-2(h) of this title)" after
    "2007,".

-FOOTNOTE-
    (!1) So in original. The comma probably should follow "title)".

-End-

-CITE-
    16 USC Sec. 3839aa-8                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
    Sec. 3839aa-8. Conservation innovation grants

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240H, as added Pub. L. 107-171,
    title II, Sec. 2301, May 13, 2002, 116 Stat. 257.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3839aa-8, Pub. L. 99-198, title XII, Sec. 1240H,
    as added Pub. L. 104-127, title III, Sec. 334, Apr. 4, 1996, 110
    Stat. 1002, related to temporary administration of environmental
    quality incentives program, prior to the general amendment of this
    part by Pub. L. 107-171.

-End-

-CITE-
    16 USC Sec. 3839aa-9                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part IV - Environmental Quality Incentives Program

-HEAD-
    Sec. 3839aa-9. Ground and surface water conservation

-STATUTE-
    (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 section 3841(a)(6) of this title to
    carry out this part, the Secretary shall use - 
        (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240I, as added Pub. L. 107-171,
    title II, Sec. 2301, May 13, 2002, 116 Stat. 257.)

-End-

-CITE-
    16 USC Part V - Other Conservation Programs                 01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part V - Other Conservation Programs

-HEAD-
                   PART V - OTHER CONSERVATION PROGRAMS               

-End-

-CITE-
    16 USC Sec. 3839bb                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part V - Other Conservation Programs

-HEAD-
    Sec. 3839bb. Conservation of private grazing land

-STATUTE-
    (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 section 2903 of title 7 in effect on April 4, 1996.
        (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 (7 U.S.C. 601 et seq.), reenacted with
        amendments by the Agricultural Marketing Agreement Act of 1937,
        to operate, on a demonstration basis, a grazing management
        district.
        (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240M, as added Pub. L. 104-127,
    title III, Sec. 335, Apr. 4, 1996, 110 Stat. 1002; amended Pub. L.
    107-171, title II, Sec. 2502(a), May 13, 2002, 116 Stat. 264.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Adjustment Act, referred to in subsec.
    (d)(3)(E), is title I of act May 12, 1933, ch. 25, 48 Stat. 31, as
    amended, which is classified generally to chapter 26 (Sec. 601 et
    seq.) of Title 7, Agriculture. For complete classification of this
    Act to the Code, see Short Title note set out under section 601 of
    Title 7 and Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-171 amended section catchline and text
    generally. Prior to amendment, section required the Secretary to
    establish conservation farm option pilot programs for producers of
    wheat, feed grains, cotton, and rice.

-End-

-CITE-
    16 USC Sec. 3839bb-1                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part V - Other Conservation Programs

-HEAD-
    Sec. 3839bb-1. Wildlife habitat incentive program

-STATUTE-
    (a) In general
      The Secretary, in consultation with the State technical
    committees established under section 3861 of this title, shall
    establish within the Natural Resources Conservation Service a
    program to be known as the wildlife habitat incentive program
    (referred to in this section as the "program").
    (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 section 3841(a)(7) of
        this title for the fiscal year to carry out contracts and
        agreements described in subparagraph (A).
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240N, as added Pub. L. 107-171,
    title II, Sec. 2502(a), May 13, 2002, 116 Stat. 266.)

-End-

-CITE-
    16 USC Sec. 3839bb-2                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part V - Other Conservation Programs

-HEAD-
    Sec. 3839bb-2. Grassroots source water protection program

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240O, as added Pub. L. 107-171,
    title II, Sec. 2502(a), May 13, 2002, 116 Stat. 267.)

-End-

-CITE-
    16 USC Sec. 3839bb-3                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part V - Other Conservation Programs

-HEAD-
    Sec. 3839bb-3. Great Lakes basin program for soil erosion and
      sediment control

-STATUTE-
    (a) In general
      The Secretary, in consultation with the Great Lakes Commission
    created by Article IV of the Great Lakes Basin Compact (82 Stat.
    415) and in cooperation with the Administrator of the Environmental
    Protection Agency and the Secretary of the Army, may carry out the
    Great Lakes basin program for soil erosion and sediment control
    (referred to in this section as the "program").
    (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.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240P, as added Pub. L. 107-171,
    title II, Sec. 2502(a), May 13, 2002, 116 Stat. 267.)

-End-

-CITE-
    16 USC SUBCHAPTER V - FUNDING AND ADMINISTRATION            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER V - FUNDING AND ADMINISTRATION

-HEAD-
                 SUBCHAPTER V - FUNDING AND ADMINISTRATION             

-COD-
                               CODIFICATION                           
      Subtitle E of title XII of the Food Security Act, comprising this
    subchapter, was originally enacted by Pub. L. 99-198, title XII,
    Dec. 23, 1985, 99 Stat. 1514, and amended by Pub. L. 101-624, Nov.
    28, 1990, 104 Stat. 3359; Pub. L. 102-237, Dec. 13, 1991, 105 Stat.
    1818; Pub. L. 102-552, Oct. 28, 1992, 106 Stat. 4102; and Pub. L.
    104-66, Dec. 21, 1995, 109 Stat. 707. Subtitle E was shown herein,
    however, as having been added by Pub. L. 104-127, title III, Sec.
    341, Apr. 4, 1996, 110 Stat. 1007, without reference to the
    intervening amendments because of the extensive revision of the
    subtitle's provisions by Pub. L. 104-127. Subsequently, subtitle E
    was amended by Pub. L. 107-171 to add new sections 3841, 3842, and
    3844 and to repeal former sections 3841 and 3842.

-End-

-CITE-
    16 USC Sec. 3841                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER V - FUNDING AND ADMINISTRATION

-HEAD-
    Sec. 3841. Commodity Credit Corporation

-STATUTE-
    (a) In general
      For each of fiscal years 2002 through 2007, the Secretary shall
    use the funds, facilities, and authorities of the Commodity Credit
    Corporation to carry out the following programs under subchapter IV
    of this chapter (including the provision of technical assistance):
        (1) The conservation reserve program under subpart B of part I
      of this subchapter.
        (2) The wetlands reserve program under subpart C of part I of
      this subchapter.
        (3) The conservation security program under subpart A of part
      II of this subchapter, using not more than - 
          (A) $1,954,000,000 for the period of fiscal years 2006
        through 2010; and
          (B) $5,650,000,000 for the period of fiscal years 2006
        through 2015.

        (4) The farmland protection program under subpart B of part II
      of this subchapter, using, to the maximum extent practicable - 
          (A) $50,000,000 in fiscal year 2002;
          (B) $100,000,000 in fiscal year 2003;
          (C) $125,000,000 in each of fiscal years 2004 and 2005;
          (D) $100,000,000 in fiscal year 2006; and
          (E) $97,000,000 in fiscal year 2007.

        (5) The grassland reserve program under subpart C of part II of
      this subchapter, using, to the maximum extent practicable
      $254,000,000 for the period of fiscal years 2003 through 2007.
        (6) The environmental quality incentives program under part IV
      of this subchapter, using, to the maximum extent practicable - 
          (A) $400,000,000 in fiscal year 2002;
          (B) $700,000,000 in fiscal year 2003;
          (C) $1,000,000,000 in fiscal year 2004;
          (D) $1,200,000,000 in each of fiscal years 2005 and 2006;
          (E) $1,270,000,000 in each of fiscal years 2007 through 2009;
        and
          (F) $1,300,000,000 in fiscal year 2010.

        (7) The wildlife habitat incentives program under section
      3839bb-1 of this title, using, to the maximum extent practicable -
       
          (A) $15,000,000 in fiscal year 2002;
          (B) $30,000,000 in fiscal year 2003;
          (C) $60,000,000 in fiscal year 2004; and
          (D) $85,000,000 in each of fiscal years 2005 through 2007.
    (b) Technical assistance
      Effective for fiscal year 2005 and each subsequent fiscal year,
    Commodity Credit Corporation funds made available for each of the
    programs specified in paragraphs (1) through (7) of subsection (a)
    of this section - 
        (1) shall be available for the provision of technical
      assistance for the programs for which funds are made available;
      and
        (2) shall not be available for the provision of technical
      assistance for conservation programs specified in subsection (a)
      of this section other than the program for which the funds were
      made available.
    (c) Relationship to other law
      The use of Commodity Credit Corporation funds under subsection
    (b) of this section to provide technical assistance shall not be
    considered an allotment or fund transfer from the Commodity Credit
    Corporation for purposes of the limit on expenditures for technical
    assistance imposed by section 714i of title 15.
    (d) Regional equity
      Before April 1 of each fiscal year, the Secretary shall give
    priority for funding under the conservation programs under
    subchapter IV of this chapter (excluding the conservation reserve
    program under subpart B of part I of this subchapter, the wetlands
    reserve program under subpart C of part I of this subchapter, and
    the conservation security program under subpart A of part II of
    this subchapter) to approved applications in any State that has not
    received, for the fiscal year, an aggregate amount of at least
    $12,000,000 for those conservation programs.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1241, as added Pub. L. 107-171,
    title II, Sec. 2701, May 13, 2002, 116 Stat. 278; amended Pub. L.
    108-7, div. N, title II, Secs. 213, 216(c), Feb. 20, 2003, 117
    Stat. 545, 546; Pub. L. 108-11, title II, Sec. 2106(a), Apr. 16,
    2003, 117 Stat. 590; Pub. L. 108-199, div. H, Sec. 101, Jan. 23,
    2004, 118 Stat. 434; Pub. L. 108-324, div. B, Sec. 101(e), Oct. 13,
    2004, 118 Stat. 1235; Pub. L. 108-498, Sec. 1(a), Dec. 23, 2004,
    118 Stat. 4020; Pub. L. 109-171, title I, Secs. 1202(b), 1203(c),
    Feb. 8, 2006, 120 Stat. 5, 6.)

-COD-
                               CODIFICATION                           
      Section 2701 of Pub. L. 107-171, which directed that subtitle E
    of the Food Security Act of 1985 be amended by striking section
    1241 and adding a new section 1241 (this section), was executed by
    striking section 1241 of subtitle E of title XII of the Food
    Security Act of 1985 and adding the new section 1241 in lieu
    thereof, to reflect the probable intent of Congress.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3841, Pub. L. 99-198, title XII, Sec. 1241, as
    added Pub. L. 104-127, title III, Sec. 341, Apr. 4, 1996, 110 Stat.
    1007, related to funding for the Commodity Credit Corporation,
    prior to repeal by Pub. L. 107-171, title II, Sec. 2701, May 13,
    2002, 116 Stat. 278. See Codification note above.
      Another prior section 3841, Pub. L. 99-198, title XII, Sec. 1241,
    Dec. 23, 1985, 99 Stat. 1514, related to use of Commodity Credit
    Corporation, prior to the general amendment of this subchapter by
    Pub. L. 104-127.

                                AMENDMENTS                            
      2006 - Subsec. (a)(3). Pub. L. 109-171, Sec. 1202(b), substituted
    a dash for "$6,037,000,000 for the period of fiscal years 2005
    through 2014." and added subpars. (A) and (B).
      Subsec. (a)(6)(E), (F). Pub. L. 109-171, Sec. 1203(c), added
    subpars. (E) and (F) and struck out former subpar. (E) which read
    as follows: "$1,300,000,000 in fiscal year 2007."
      2004 - Subsec. (a)(3). Pub. L. 108-324 inserted ", using not more
    than $6,037,000,000 for the period of fiscal years 2005 through
    2014" before period at end.
      Pub. L. 108-199 struck out ", using not more than $3,773,000,000
    for the period of fiscal years 2003 through 2013" before period at
    end.
      Subsec. (b). Pub. L. 108-498 added subsec. (b) and struck out
    heading and text of former subsec. (b), which related to
    availability of certain Commodity Credit Corporation funds under
    subsec. (a) for the provision of technical assistance for
    conservation and conservation security programs.
      2003 - Subsec. (a)(3). Pub. L. 108-7, Sec. 216(c), inserted ",
    using not more than $3,773,000,000 for the period of fiscal years
    2003 through 2013" before period at end.
      Subsec. (b). Pub. L. 108-11 added subsec. (b) and struck out
    heading and text of former subsec. (b). Text read as follows:
      "(1) February 20, 2003, through september 30, 2003. - During the
    period beginning on February 20, 2003, and ending on September 30,
    2003, Commodity Credit Corporation funds made available under
    paragraphs (4) through (7) of subsection (a) of this section shall
    be available for the provision of technical assistance (subject to
    section 3842 of this title) for the conservation programs specified
    in subsection (a) of this section.
      "(2) Subsequent fiscal years. - Effective beginning on October 1,
    2003, Commodity Credit Corporation funds made available under
    paragraphs (3) through (7) of subsection (a) of this section shall
    be available for the provision of technical assistance (subject to
    section 3842 of this title) for the conservation programs specified
    in subsection (a) of this section."
      Pub. L. 108-7, Sec. 213(1), added subsec. (b) and struck out
    heading and text of former subsec. (b). Text read as follows:
    "Nothing in this section affects the limit on expenditures for
    technical assistance imposed by section 714i of title 15."
      Subsecs. (c), (d). Pub. L. 108-7, Sec. 213(2), added subsec. (c)
    and redesignated former subsec. (c) as (d).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-498, Sec. 1(b), Dec. 23, 2004, 118 Stat. 4020,
    provided that: "The amendment made by subsection (a) [amending this
    section] takes effect on October 1, 2004."

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-11, title II, Sec. 2106(b), Apr. 16, 2003, 117 Stat.
    590, provided that: "The amendment made by subsection (a) [amending
    this section] takes effect on February 20, 2003."

-End-

-CITE-
    16 USC Sec. 3842                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER V - FUNDING AND ADMINISTRATION

-HEAD-
    Sec. 3842. Delivery of technical assistance

-STATUTE-
    (a) In general
      The Secretary shall provide technical assistance under this
    chapter to a producer eligible for that assistance - 
        (1) directly; or
        (2) at the option of the producer, through a payment, as
      determined by the Secretary, to the producer for an approved
      third party, if available.
    (b) Certification of third-party providers
      (1) In general
        Not later than 180 days after May 13, 2002, the Secretary
      shall, by regulation, establish a system for - 
          (A) approving individuals and entities to provide technical
        assistance to carry out programs under this chapter (including
        criteria for the evaluation of providers or potential providers
        of technical assistance); and
          (B) establishing the amounts and methods for payments for
        that assistance.
      (2) Expertise
        In promulgating regulations to carry out this subsection the
      Secretary shall ensure that persons with expertise in the
      technical aspects of conservation planning, watershed planning,
      environmental engineering (including commercial entities,
      nonprofit entities, State or local governments or agencies, and
      other Federal agencies), are eligible to become approved
      providers of the technical assistance.
      (3) Interim assistance
        (A) In general
          A person that has provided technical assistance in accordance
        with an agreement between the person and the Secretary before
        May 13, 2002, may continue to provide technical assistance
        under this section until the date on which the Secretary
        establishes the system described in paragraph (1).
        (B) Evaluation
          If a person described in subparagraph (A) seeks to continue
        to provide technical assistance after the date referred to in
        subparagraph (A), the Secretary shall evaluate the person using
        criteria referred to in paragraph (1).
      (4) Non-Federal assistance
        The Secretary may request the services of, and enter into
      cooperative agreements or contracts with, non-Federal entities to
      assist the Secretary in providing technical assistance necessary
      to develop and implement conservation programs under this
      chapter.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1242, as added Pub. L. 107-171,
    title II, Sec. 2701, May 13, 2002, 116 Stat. 279.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b)(1)(A), (4), was
    in the original "this title", meaning title XII of Pub. L. 99-198,
    which enacted this chapter and section 2005a of this title and
    amended sections 590g, 2004, 2005, 2006, and 2009 of this title,
    sections 4207 and 4209 of Title 7, Agriculture, and provisions set
    out as a note under section 1981 of Title 7.

-COD-
                               CODIFICATION                           
      Section 2701 of Pub. L. 107-171, which directed that subtitle E
    of the Food Security Act of 1985 be amended by striking section
    1242 and adding a new section 1242 (this section), was executed by
    striking section 1242 of subtitle E of title XII of the Food
    Security Act of 1985 and adding the new section 1242 in lieu
    thereof, to reflect the probable intent of Congress.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3842, Pub. L. 99-198, title XII, Sec. 1242, as
    added Pub. L. 104-127, title III, Sec. 341, Apr. 4, 1996, 110 Stat.
    1008, related to use of other agencies, prior to repeal by Pub. L.
    107-171, title II, Sec. 2701, May 13, 2002, 116 Stat. 278. See
    Codification note above.
      Another prior section 3842, Pub. L. 99-198, title XII, Sec. 1242,
    Dec. 23, 1985, 99 Stat. 1515, related to use of other agencies,
    prior to the general amendment of this subchapter by Pub. L. 104-
    127.

-End-

-CITE-
    16 USC Sec. 3843                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER V - FUNDING AND ADMINISTRATION

-HEAD-
    Sec. 3843. Administration of CCEP

-STATUTE-
    (a) Plans
      The Secretary shall, to the extent practicable, avoid duplication
    in - 
        (1) the conservation plans required for - 
          (A) highly erodible land conservation under subchapter II of
        this chapter;
          (B) the conservation reserve program established under
        subpart B of part I of subchapter IV of this chapter; and
          (C) the wetlands reserve program established under subpart C
        of part I of subchapter IV of this chapter; and

        (2) the environmental quality incentives program established
      under part IV of subchapter IV of this chapter.
    (b) Acreage limitation
      (1) In general
        The Secretary shall not enroll more than 25 percent of the
      cropland in any county in the programs administered under the
      conservation reserve and wetlands reserve programs established
      under subparts B and C, respectively, of part I of subchapter IV
      of this chapter. Not more than 10 percent of the cropland in a
      county may be subject to an easement acquired under the subparts.
      (2) Exception
        The Secretary may exceed the limitations in paragraph (1) if
      the Secretary determines that - 
          (A) the action would not adversely affect the local economy
        of a county; and
          (B) operators in the county are having difficulties complying
        with conservation plans implemented under section 3812 of this
        title.
      (3) Shelterbelts and windbreaks
        The limitations established under this subsection shall not
      apply to cropland that is subject to an easement under part I or
      III of subchapter IV of this chapter that is used for the
      establishment of shelterbelts and windbreaks.
    (c) Tenant protection
      Except for a person who is a tenant on land that is subject to a
    conservation reserve contract that has been extended by the
    Secretary, the Secretary shall provide adequate safeguards to
    protect the interests of tenants and sharecroppers, including
    provision for sharing, on a fair and equitable basis, in payments
    under the programs established under subchapters II through IV of
    this chapter.
    (d) Provision of technical assistance by other sources
      In the preparation and application of a conservation compliance
    plan under subchapter II of this chapter or similar plan required
    as a condition for assistance from the Department of Agriculture,
    the Secretary shall permit persons to secure technical assistance
    from approved sources, as determined by the Secretary, other than
    the Natural Resources Conservation Service. If the Secretary
    rejects a technical determination made by such a source, the basis
    of the Secretary's determination must be supported by documented
    evidence.
    (e) Regulations
      Not later than 90 days after April 4, 1996, the Secretary shall
    issue regulations to implement the conservation reserve and
    wetlands reserve programs established under part I of subchapter IV
    of this chapter.
    (f) Partnerships and cooperation
      (1) In general
        In carrying out any program under subchapter IV of this
      chapter, the Secretary may use resources provided under that
      subchapter to enter into stewardship agreements with State and
      local agencies, Indian tribes, and nongovernmental organizations
      and to designate special projects, as recommended by the State
      Conservationist, after consultation with the State technical
      committee, to enhance technical and financial assistance provided
      to owners, operators, and producers to address natural resource
      issues related to agricultural production.
      (2) Criteria for special projects
        The purposes of special projects carried out under this
      subsection shall be to encourage - 
          (A) producers to cooperate in the installation and
        maintenance of conservation practices that affect multiple
        agricultural operations;
          (B) the sharing of information and technical and financial
        resources among producers;
          (C) cumulative conservation benefits in geographic areas; and
          (D) the development and demonstration of innovative
        conservation methods.
      (3) Incentives
        To realize the purposes of the special projects under paragraph
      (1), the Secretary may provide special incentives to owners,
      operators, and producers participating in the special projects to
      encourage partnerships and enrollments of optimal conservation
      value.
      (4) Flexibility
        (A) In general
          The Secretary may enter into stewardship agreements with
        States (including State agencies and units of local
        government), Indian tribes, and nongovernmental organizations
        that have a history of working with agricultural producers to
        allow greater flexibility to adjust the application of
        eligibility criteria, approved practices, innovative
        conservation practices, and other elements of the programs
        under this chapter to better reflect unique local circumstances
        and purposes in a manner that is consistent with - 
            (i) conservation enhancement and long-term productivity of
          the natural resource base; and
            (ii) the purposes and requirements of this chapter.
        (B) Plan
          Each party to a stewardship agreement under subparagraph (A)
        shall submit to the Secretary, for approval by the Secretary, a
        special project area plan for each program to be carried out by
        the party that includes - 
            (i) a description of the requested resources and
          adjustments to program implementation (including a
          description of how those adjustments will accelerate the
          achievement of conservation benefits);
            (ii) an analysis of the contribution those adjustments will
          make to the effectiveness of programs in achieving the
          purposes of the special project;
            (iii) a timetable for reevaluating the need for or
          performance of the proposed adjustments;
            (iv) a description of non-Federal programs and resources
          that will contribute to achieving the purposes of the special
          project; and
            (v) a plan for the evaluation of progress toward the
          purposes of the special project.
      (5) Funding
        (A) In general
          In addition to resources from programs under subchapter IV of
        this chapter, subject to subparagraph (B), the Secretary shall
        use not more than 5 percent of the funds made available for
        each fiscal year under section 3841(a) of this title to carry
        out activities that are authorized under conservation programs
        under subchapter IV of this chapter.
        (B) Unused funding
          Any funds made available for a fiscal year under subparagraph
        (A) that are not obligated by April 1 of the fiscal year may be
        used to carry out other activities under conservation programs
        under subchapter IV of this chapter during the fiscal year in
        which the funding becomes available.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1243, as added Pub. L. 104-127,
    title III, Sec. 341, Apr. 4, 1996, 110 Stat. 1008; amended Pub. L.
    107-171, title II, Secs. 2003, 2006(d), May 13, 2002, 116 Stat.
    233, 237.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3843, Pub. L. 99-198, title XII, Sec. 1243, Dec.
    23, 1985, 99 Stat. 1515; Pub. L. 101-624, title XIV, Sec. 1442,
    Nov. 28, 1990, 104 Stat. 3602, which related to administration of
    this chapter, was omitted in the general amendment of this
    subchapter by Pub. L. 104-127.

                                AMENDMENTS                            
      2002 - Pub. L. 107-171, Sec. 2006(d), substituted "Administration
    of CCEP" for "Administration" in section catchline.
      Subsec. (f). Pub. L. 107-171, Sec. 2003, added subsec. (f).

-End-

-CITE-
    16 USC Sec. 3844                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER V - FUNDING AND ADMINISTRATION

-HEAD-
    Sec. 3844. Administrative requirements for conservation programs

-STATUTE-
    (a) Beginning farmers and ranchers and Indian tribes
      In carrying out any conservation program administered by the
    Secretary, the Secretary may provide to beginning farmers and
    ranchers and Indian tribes (as those terms are defined in section
    3838 of this title) and limited resource agricultural producers
    incentives to participate in the conservation program to - 
        (1) foster new farming and ranching opportunities; and
        (2) enhance environmental stewardship over the long term.
    (b) Privacy of personal information relating to natural resources
      conservation programs
      (1) Information received for technical and financial assistance
        (A) In general
          In accordance with section 552(b)(3) of title 5, except as
        provided in subparagraph (C) and paragraph (2), information
        described in subparagraph (B) - 
            (i) shall not be considered to be public information; and
            (ii) shall not be released to any person or Federal, State,
          local agency or Indian tribe (as defined by the Secretary)
          outside the Department of Agriculture.
        (B) Information
          The information referred to in subparagraph (A) is
        information - 
            (i) provided to the Secretary or a contractor of the
          Secretary (including information provided under subchapter IV
          of this chapter) for the purpose of providing technical or
          financial assistance to an owner, operator, or producer with
          respect to any natural resources conservation program
          administered by the Natural Resources Conservation Service or
          the Farm Service Agency; and
            (ii) that is proprietary (within the meaning of section
          552(b)(4) of title 5) to the agricultural operation or land
          that is a part of an agricultural operation of the owner,
          operator, or producer.
        (C) Exception
          Nothing in this section affects the availability of payment
        information (including payment amounts and the names and
        addresses of recipients of payments) under section 552 of title
        5.
      (2) Exceptions
        (A) Release and disclosure for enforcement
          The Secretary may release or disclose to the Attorney General
        information covered by paragraph (1) to the extent necessary to
        enforce the natural resources conservation programs referred to
        in paragraph (1)(B)(i).
        (B) Disclosure to cooperating persons and agencies
          (i) In general
            The Secretary may release or disclose information covered
          by paragraph (1) to a person or Federal, State, local, or
          tribal agency working in cooperation with the Secretary in
          providing technical and financial assistance described in
          paragraph (1)(B)(i) or collecting information from data
          gathering sites.
          (ii) Use of information
            The person or Federal, State, local, or tribal agency that
          receives information described in clause (i) may release the
          information only for the purpose of assisting the Secretary -
          
              (I) in providing the requested technical or financial
            assistance; or
              (II) in collecting information from data gathering sites.
        (C) Statistical and aggregate information
          Information covered by paragraph (1) may be disclosed to the
        public if the information has been transformed into a
        statistical or aggregate form without naming any - 
            (i) individual owner, operator, or producer; or
            (ii) specific data gathering site.
        (D) Consent of owner, operator, or producer
          (i) In general
            An owner, operator, or producer may consent to the
          disclosure of information described in paragraph (1).
          (ii) Condition of other programs
            The participation of the owner, operator, or producer in,
          and the receipt of any benefit by the owner, operator, or
          producer under, this chapter or any other program
          administered by the Secretary may not be conditioned on the
          owner, operator, or producer providing consent under this
          paragraph.
      (3) Violations; penalties
        Section 2276(c) of title 7 shall apply with respect to the
      release of information collected in any manner or for any purpose
      prohibited by this subsection.
      (4) Data collection, disclosure, and review
        Nothing in this subsection - 
          (A) affects any procedure for data collection or disclosure
        through the National Resources Inventory; or
          (B) limits the authority of Congress or the Government
        Accountability Office to review information collected or
        disclosed under this subsection.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1244, as added Pub. L. 107-171,
    title II, Sec. 2004(a), May 13, 2002, 116 Stat. 235; amended Pub.
    L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 3844 and 3845 were omitted in the general
    amendment of this subchapter by Pub. L. 104-127.
      Section 3844, Pub. L. 99-198, title XII, Sec. 1244, Dec. 23,
    1985, 99 Stat. 1515, related to issuance of regulations to carry
    out subchapters I to V of this chapter.
      Section 3845, Pub. L. 99-198, title XII, Sec. 1245, Dec. 23,
    1985, 99 Stat. 1516; Pub. L. 101-624, title XIV, Sec. 1443, Nov.
    28, 1990, 104 Stat. 3602; Pub. L. 102-552, title V, Sec. 516(b)(1),
    Oct. 28, 1992, 106 Stat. 4137, related to authorization of
    appropriations.
      A prior section 3846, Pub. L. 99-198, title XII, Sec. 1246, as
    added Pub. L. 101-624, title XIV, Sec. 1444, Nov. 28, 1990, 104
    Stat. 3602, directed Secretary to report to Congress on erodible
    land and wetland conservation program, prior to repeal by Pub. L.
    104-66, title I, Sec. 1011(a), Dec. 21, 1995, 109 Stat. 709.
      A prior section 3847, Pub. L. 99-198, title XII, Sec. 1247, as
    added Pub. L. 101-624, title XIV, Sec. 1445, Nov. 28, 1990, 104
    Stat. 3603; amended Pub. L. 102-237, title II, Sec. 204(8), Dec.
    13, 1991, 105 Stat. 1855, which related to assistance for control
    of spread of weeds and pests, was omitted in the general amendment
    of this subchapter by Pub. L. 104-127.

                                AMENDMENTS                            
      2004 - Subsec. (b)(4)(B). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

-End-

-CITE-
    16 USC SUBCHAPTER VI - STATE TECHNICAL COMMITTEES           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER VI - STATE TECHNICAL COMMITTEES

-HEAD-
                SUBCHAPTER VI - STATE TECHNICAL COMMITTEES            

-End-

-CITE-
    16 USC Sec. 3861                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER VI - STATE TECHNICAL COMMITTEES

-HEAD-
    Sec. 3861. Establishment

-STATUTE-
    (a) In general
      The Secretary shall establish in each State a technical committee
    to assist the Secretary in the technical considerations relating to
    implementation of the conservation provisions under this chapter.
    (b) Standards
      Not later than 180 days after November 28, 1990, the Secretary
    shall develop standards to be used by the State technical committee
    in the development of technical guidelines under section 3862(b) of
    this title for the implementation of the conservation provisions of
    this chapter.
    (c) Composition
      Each State technical committee established under subsection (a)
    of this section shall be composed of professional resource managers
    that represent a variety of disciplines in the soil, water,
    wetland, and wildlife sciences. Such committee shall include such
    representatives as may serve from among - 
        (1) the Soil Conservation Service;
        (2) the Agricultural Stabilization and Conservation Service;
        (3) the Forest Service;
        (4) the Extension Service;
        (5) the Farmers Home Administration;
        (6) the Fish and Wildlife Service;
        (7) State departments and agencies which the Secretary deems
      appropriate, including:
          (A) the State fish and wildlife agency;
          (B) the State forester or equivalent State official;
          (C) the State water resources agency;
          (D) the State department of agriculture; and
          (E) the State association of soil and water conservation
        districts;

        (8) other agency personnel with expertise in soil, water,
      wetland, and wildlife management as the Secretary determines
      appropriate;
        (9) agricultural producers with demonstrable conservation
      expertise;
        (10) nonprofit organizations with demonstrable conservation
      expertise;
        (11) persons knowledgeable about conservation techniques; and
        (12) agribusiness.

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1261, as added Pub. L. 101-624,
    title XIV, Sec. 1446, Nov. 28, 1990, 104 Stat. 3604; amended Pub.
    L. 104-127, title III, Sec. 342(a), Apr. 4, 1996, 110 Stat. 1009.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c)(9) to (12). Pub. L. 104-127 added pars. (9) to
    (12).

-End-

-CITE-
    16 USC Sec. 3862                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
                  PROGRAM                         
    SUBCHAPTER VI - STATE TECHNICAL COMMITTEES

-HEAD-
    Sec. 3862. Responsibilities

-STATUTE-
    (a) In general
      Each Committee established under section 3861 of this title shall
    meet regularly to provide information, analysis, and
    recommendations to appropriate officials of the Department of
    Agriculture who are charged with implementing the conservation
    provisions of this chapter. Such information, analysis, and
    recommendations shall be provided in a manner that will assist the
    Department of Agriculture in determining matters of fact, technical
    merit, or scientific question. Data, analysis, and recommendations
    shall be provided in writing and shall reflect the best
    professional information and judgment of the Committee. The
    Secretary shall coordinate activities conducted under this section
    with those conducted under section 5831 of title 7. Each State
    technical committee shall provide public notice of, and permit
    public attendance at meetings considering, issues of concern
    related to carrying out this chapter.
    (b) Wetland and wildlife habitat protection guidelines
      (1) Development of technical guides
        Not later than one year after November 28, 1990, each State
      technical committee shall develop technical guides for the
      implementation of the wetland preservation and wildlife habitat
      improvement options of the agricultural water quality protection
      program under section 3838b (!1) of this title. Each State
      technical committee shall establish criteria and guidelines for
      evaluating petitions by agricultural producers regarding new
      conservation practices and systems not already described in field
      office technical guides.

      (2) Content of guides
        (A) In general
          The technical guides required under this subsection shall
        include detailed information on the selection of crops and crop-
        plant varieties, cover crops, rotation practices, tillage
        systems, nutrient management, biological control practices
        (including biologically intensive integrated pest management
        practices), soil, water, and natural resource conservation, and
        other practices useful in developing practices pursuant to such
        option.
        (B) Standards and instructions
          The technical guides required under subsection (a) of this
        section shall provide standards and practical instructions for
        implementation of wetland protection and wildlife habitat
        improvement practices based on existing scientific and
        technical knowledge.
        (C) Contracts
          The Secretary may enter into contracts to assist in the
        development and periodic revision of the technical guides
        described in this subsection.
    (c) Other duties
      Each technical committee shall provide assistance and offer
    recommendations with respect to the technical aspects of - 
        (1) wetland protection, restoration, and mitigation
      requirements;
        (2) criteria to be used in evaluating bids for enrollment of
      environmentally-sensitive lands in the conservation reserve
      program;
        (3) guidelines for haying or grazing and the control of weeds
      to protect nesting wildlife on set-aside acreage;
        (4) highly erodible lands exemptions and appeals;
        (5) wetland and conservation compliance exemptions and appeals;
        (6) addressing common weed and pest problems and programs to
      control weeds and pests found on acreage enrolled in the
      conservation reserve program;
        (7) guidelines for planting perennial cover for water quality
      and wildlife habitat improvement on set-aside lands;
        (8) establishing criteria and priorities for State initiatives
      under the environmental quality incentives program under part IV
      of subchapter IV of this chapter; and
        (9) other matters determined appropriate by the Secretary.
    (d) Authority
      Each Committee established under section 3861 of this title is
    advisory and shall have no implementation or enforcement authority.
    However, the Secretary shall give strong consideration to the
    recommendations of such Committees in administering the programs
    under this chapter, and to the factual, technical, or scientific
    findings and recommendations under the Committee's responsibility.
    (e) FACA requirements
      The committees established under section 3861 of this title shall
    be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).

-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1262, as added Pub. L. 101-624,
    title XIV, Sec. 1446, Nov. 28, 1990, 104 Stat. 3604; amended Pub.
    L. 103-354, title II, Sec. 246(f)(3), Oct. 13, 1994, 108 Stat.
    3225; Pub. L. 104-127, title III, Sec. 342(b), Apr. 4, 1996, 110
    Stat. 1009.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3838b of this title, referred to in subsec. (b)(1), was
    repealed by Pub. L. 104-127, title III, Sec. 336(h), Apr. 4, 1996,
    110 Stat. 1007.
      The Federal Advisory Committee Act, referred to in subsec. (e),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-127, Sec. 342(b)(1), inserted at
    end "Each State technical committee shall provide public notice of,
    and permit public attendance at meetings considering, issues of
    concern related to carrying out this chapter."
      Subsec. (b)(1). Pub. L. 104-127, Sec. 342(b)(2), inserted at end
    "Each State technical committee shall establish criteria and
    guidelines for evaluating petitions by agricultural producers
    regarding new conservation practices and systems not already
    described in field office technical guides."
      Subsec. (c)(7) to (9). Pub. L. 104-127, Sec. 342(b)(3), struck
    out "and" at end of par. (7), added par. (8), and redesignated
    former par. (8) as (9).
      1994 - Subsec. (e). Pub. L. 103-354 added subsec. (e).

    PUBLIC NOTICE AND COMMENT FOR REVISIONS TO CERTAIN STATE TECHNICAL
                                  GUIDES
      Section 343 of Pub. L. 104-127 provided that: "After the date of
    enactment of this Act [Apr. 4, 1996], the Secretary of Agriculture
    shall provide for public notice and comment under section 553 of
    title 5, United States Code, with regard to any future revisions to
    those provisions of the Natural Resources Conservation Service
    State technical guides that are used to carry out subtitles A, B,
    and C of title XII of the Food Security Act of 1985 (16 U.S.C. 3801
    et seq. [3811 et seq., 3821 et seq.])."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-