### §3839bb–5. Voluntary public access and habitat incentive program

#### (a) Establishment

The Secretary shall establish a voluntary public access program under which States and tribal governments may apply for funding to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make that land available for access by the public for wildlife-dependent recreation, including hunting or fishing under programs administered by the States and tribal governments.

#### (b) Applications

In submitting applications for funding under the program, a State or tribal government shall describe—

(1) the benefits that the State or tribal government intends to achieve by encouraging public access to private farm and ranch land for—

(A) hunting and fishing; and

(B) to the maximum extent practicable, other recreational purposes; and

(2) the methods that will be used to achieve those benefits.

#### (c) Priority

In approving applications and awarding funding under the program, the Secretary shall give priority to States and tribal governments that propose—

(1) to maximize participation by offering a program the terms of which are likely to meet with widespread acceptance among landowners;

(2) to ensure that land enrolled under the State or tribal government program has appropriate wildlife habitat;

(3) to strengthen wildlife habitat improvement efforts on land enrolled in a conservation reserve enhancement program under section 3831a of this title or on land covered by a wetland reserve easement under section 3865c of this title by providing incentives to increase public hunting and other recreational access on that land;

(4) to use additional Federal, State, tribal government, or private resources in carrying out the program; and

(5) to make available to the public the location of land enrolled.

#### (d) Relationship to other laws

#### (1) No preemption

Nothing in this section preempts a State or tribal government law, including any State or tribal government liability law.

#### (2) Effect of inconsistent opening dates for migratory bird hunting

The Secretary shall reduce by 25 percent the amount of funding otherwise determined for a State under the program if the opening dates for migratory bird hunting in the State are not consistent for residents and non-residents.

#### (e) Regulations

The Secretary shall promulgate such regulations as are necessary to carry out this section.

#### (f) Funding

#### (1) Mandatory funding

Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012, $40,000,000 for the period of fiscal years 2014 through 2018, $50,000,000 for the period of fiscal years 2019 through 2023, and $10,000,000 for fiscal year 2024.

#### (2) Enhanced public access to wetland reserve easements

To the maximum extent practicable, of the funds made available under paragraph (1), the Secretary shall use $3,000,000 for the period of fiscal years 2019 through 2023 to encourage public access to land covered by wetland reserve easements under section 3865c of this title through agreements with States and tribal governments under this section.

#### (3) Authorization of appropriations

There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2013.

(Pub. L. 99–198, title XII, §1240R, as added Pub. L. 110–234, title II, §2606, May 22, 2008, 122 Stat. 1070, and Pub. L. 110–246, §4(a), title II, §2606, June 18, 2008, 122 Stat. 1664, 1798; amended Pub. L. 112–240, title VII, §701(c)(2), Jan. 2, 2013, 126 Stat. 2363; Pub. L. 113–79, title II, §2503(a), Feb. 7, 2014, 128 Stat. 751; Pub. L. 115–334, title II, §§2202(b)(1), 2406, Dec. 20, 2018, 132 Stat. 4537, 4573; Pub. L. 118–22, div. B, title I, §102(d)(1)(B), Nov. 17, 2023, 137 Stat. 116.)

#### **Editorial Notes**

#### References in Text

Section 3834(f)(4) of this title, referred to in subsec. (c)(3), was redesignated as section 3834(g)(2) of this title by Pub. L. 113–79, title II, §§2005(b)(2), (e)(3), Feb. 7, 2014, 128 Stat. 718, 719.

#### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

#### Amendments

2023—Subsec. (f)(1). Pub. L. 118–22 struck out "and" after "through 2018," and inserted ", and $10,000,000 for fiscal year 2024" after "through 2023".

2018—Subsec. (a). Pub. L. 115–334, §2406(1), substituted "funding" for "grants".

Subsec. (b). Pub. L. 115–334, §2406(2), substituted "funding" for "a grant" in introductory provisions.

Subsec. (c). Pub. L. 115–334, §2406(1), substituted "funding" for "grants" in introductory provisions.

Subsec. (c)(3). Pub. L. 115–334, §2406(3), inserted "or on land covered by a wetland reserve easement under section 3865C of this title" before "by providing".

Pub. L. 115–334, §2202(b)(1), substituted "a conservation reserve enhancement program under section 3831a of this title" for "a special conservation reserve enhancement program described in section 3834(f)(4) of this title".

Subsec. (d)(2). Pub. L. 115–334, §2406(2), substituted "funding" for "a grant".

Subsec. (f)(1). Pub. L. 115–334, §2406(4)(A), substituted "2009 through 2012," for "2009 through 2012 and" and inserted ", and $50,000,000 for the period of fiscal years 2019 through 2023" before period at end.

Subsec. (f)(2), (3). Pub. L. 115–334, §2406(4)(B), (C), added par. (2) and redesignated former par. (2) as (3).

2014—Subsec. (f)(1). Pub. L. 113–79, in heading, substituted "Mandatory funding" for "Fiscal years 2009 through 2012" and in text, inserted "and $40,000,000 for the period of fiscal years 2014 through 2018" before period at end.

2013—Subsec. (f). Pub. L. 112–240 added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: "Of the funds of the Commodity Credit Corporation, the Secretary shall use, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012."

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2023 Amendment

Amendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of Title 7, Agriculture.

#### Effective Date of 2013 Amendment

Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of Title 7, Agriculture.

#### Effective Date

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