16 U.S.C. § 3837 (CONSERVATION)
§ 3837. Wetlands reserve program
(a) Establishment and purposes
(1) Establishment
The Secretary shall establish a wetlands reserve program to assist owners of eligible lands in restoring and protecting wetlands.
(2) Purposes
The purposes of the wetlands reserve program are to restore, protect, or enhance wetlands on private or tribal lands that are eligible under subsections (c) and (d).
(b) Enrollment conditions
(1) Maximum enrollment
The total number of acres enrolled in the wetlands reserve program shall not exceed 3,041,200 acres.
(2) Methods of enrollment
Subject to paragraph (3), 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.
(3) Acreage owned by Indian tribes
In the case of acreage owned by an Indian tribe, the Secretary shall enroll acreage into the wetlands reserve program through the use of—
(A) a 30-year contract (the value of which shall be equivalent to the value of a 30-year easement);
(B) restoration cost-share agreements; or
(C) any combination of the options described in subparagraphs (A) and (B).
(c) Eligibility
For purposes of enrolling land in the wetland reserve established under this subpart during the 1991 through 2012 fiscal years, private or tribal 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—
(A) farmed wetland or converted wetland, together with the adjacent land that is functionally dependent on the wetlands, except that converted wetland with respect to which the conversion was not commenced prior to December 23, 1985, shall not be eligible to be enrolled in the program under this section; or
(B) cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of a closed basin lake or pothole, as determined by the Secretary, together (where practicable) with the adjacent land that is functionally dependent on the cropland or grassland; 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.
(Pub. L. 99–198, title XII, § 1237, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3584; amended Pub. L. 102–237, title II, § 204(6), Dec. 13, 1991, 105 Stat. 1855; Pub. L. 103–66, title I, § 1402(c), Aug. 10, 1993, 107 Stat. 333; Pub. L. 104–127, title III, § 333(a)–(c), Apr. 4, 1996, 110 Stat. 995; Pub. L. 105–277, div. A, § 101(a) [title VII, § 752], Oct. 21, 1998, 112 Stat. 2681, 2681–32; Pub. L. 107–171, title II, §§ 2201, 2202, May 13, 2002, 116 Stat. 252; Pub. L. 110–234, title II, §§ 2201–2203(a), May 22, 2008, 122 Stat. 1036, 1037; Pub. L. 110–246, § 4(a), title II, §§ 2201–2203(a), June 18, 2008, 122 Stat. 1664, 1764, 1765.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–246, § 2201, amended subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary shall establish a wetlands reserve program to assist owners of eligible lands in restoring and protecting wetlands.”
Subsec. (b)(1). Pub. L. 110–246, § 2202(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “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.”
Subsec. (b)(2). Pub. L. 110–246, § 2202(2), substituted “Subject to paragraph (3), the Secretary” for “The Secretary”.
Subsec. (b)(3). Pub. L. 110–246, § 2202(3), added par. (3).
Subsec. (c). Pub. L. 110–246, § 2203(a)(1), in introductory provisions, substituted “1991 through 2012 fiscal years” for “1991 through 2007 calendar years” and “private or tribal land shall be eligible” for “land shall be eligible”.
Subsec. (c)(2). Pub. L. 110–246, § 2203(a)(2), added par. (2) and struck out former par. (2) which read as follows: “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”.
2002—Subsec. (b). Pub. L. 107–171, § 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) ⅓ of the acres through the use of permanent easements;
“(ii) ⅓ of the acres through the use of 30-year easements; and
“(iii) ⅓ 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, § 2201, substituted “2007” for “2002” in introductory provisions.
Subsec. (g). Pub. L. 107–171, § 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, § 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, § 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, § 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, § 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, § 1402(c)(2), substituted “2000” for “1995”.
1991—Subsec. (d). Pub. L. 102–237 substituted “subsection (c)” for “subsection (d)” in introductory provisions.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
heading: Effect of 1996 Amendments on Existing Agreements
text: Pub. L. 104–127, title III, § 333(f), Apr. 4, 1996, 110 Stat. 996, 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.”