dreamproit/uscode huggingface dataset:
16 U.S.C. § 3837b (CONSERVATION)
§ 3837b. Duties of owners
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.
(Pub. L. 99–198, title XII, § 1237B, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3587.)
16 U.S.C. § 3837e (CONSERVATION)
§ 3837e. Changes in ownership; agreement modification; termination
(a) Limitations
No easement shall be created under this subpart on land that has changed ownership during the preceding 7-year period 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.
(Pub. L. 99–198, title XII, § 1237E, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3589; amended Pub. L. 107–171, title II, § 2204, May 13, 2002, 116 Stat. 253; Pub. L. 110–234, title II, § 2203(b), May 22, 2008, 122 Stat. 1037; Pub. L. 110–246, § 4(a), title II, § 2203(b), June 18, 2008, 122 Stat. 1664, 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, § 2203(b), substituted “during the preceding 7-year period” for “in the preceding 12 months” in introductory provisions.
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”.
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.
16 U.S.C. § 3837f (CONSERVATION)
§ 3837f. Administration and funding
(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.
(c) Prairie Pothole Region survey and reallocation
(1) Survey
The Secretary shall conduct a survey during fiscal year 2008 and each subsequent fiscal year for the purpose of determining interest and allocations for the Prairie Pothole Region to enroll eligible land described in section 3837(c)(2)(B) of this title.
(2) Annual adjustment
The Secretary shall make an adjustment to the allocation for an interested State for a fiscal year, based on the results of the survey conducted under paragraph (1) for the State during the previous fiscal year.
(Pub. L. 99–198, title XII, § 1237F, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3589; Pub. L. 110–234, title II, § 2203(c), May 22, 2008, 122 Stat. 1037; Pub. L. 110–246, § 4(a), title II, § 2203(c), June 18, 2008, 122 Stat. 1664, 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. (c). Pub. L. 110–246, § 2203(c), added subsec. (c).
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.
16 U.S.C. § 3838b (CONSERVATION)
§ 3838b. Duties of producers
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.
(Pub. L. 99–198, title XII, § 1238B, as added Pub. L. 107–171, title II, § 2001(a), May 13, 2002, 116 Stat. 230.)
heading: Prior Provisions
text: A prior section 3838b, Pub. L. 99–198, title XII, § 1238B, as added Pub. L. 101–624, title XIV, § 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, § 336(h), Apr. 4, 1996, 110 Stat. 1007.
16 U.S.C. § 3838d (CONSERVATION)
§ 3838d. Definitions
In this subpart:
(1) Conservation activities
(A) In general
The term “conservation activities” means conservation systems, practices, or management measures that are designed to address a resource concern.
(B) Inclusions
The term “conservation activities” includes—
(i) structural measures, vegetative measures, and land management measures, including agriculture drainage management systems, as determined by the Secretary; and
(ii) planning needed to address a resource concern.
(2) Conservation measurement tools
The term “conservation measurement tools” means procedures to estimate the level of environmental benefit to be achieved by a producer in implementing conservation activities, including indices or other measures developed by the Secretary.
(3) Conservation stewardship plan
The term “conservation stewardship plan” means a plan that—
(A) identifies and inventories resource concerns;
(B) establishes benchmark data and conservation objectives;
(C) describes conservation activities to be implemented, managed, or improved; and
(D) includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities.
(4) Priority resource concern
The term “priority resource concern” means a resource concern that is identified at the State level, in consultation with the State Technical Committee, as a priority for a particular watershed or area of the State.
(5) Program
The term “program” means the conservation stewardship program established by this subpart.
(6) Resource concern
The term “resource concern” means a specific natural resource impairment or problem, as determined by the Secretary, that—
(A) represents a significant concern in a State or region; and
(B) is likely to be addressed successfully through the implementation of conservation activities by producers on land eligible for enrollment in the program.
(7) Stewardship threshold
The term “stewardship threshold” means the level of natural resource conservation and environmental management required, as determined by the Secretary using conservation measurement tools, to improve and conserve the quality and condition of a resource concern.
(Pub. L. 99–198, title XII, § 1238D, as added Pub. L. 110–234, title II, § 2301(a)(2), May 22, 2008, 122 Stat. 1040, and Pub. L. 110–246, § 4(a), title II, § 2301(a)(2), June 18, 2008, 122 Stat. 1664, 1768.)
heading: Codification
text: 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.
heading: Prior Provisions
text: A prior section 3838d, Pub. L. 99–198, title XII, § 1238D, as added Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3595, related to technical assistance for water quality protection, prior to repeal by Pub. L. 104–127, title III, § 336(h), Apr. 4, 1996, 110 Stat. 1007.
heading: Effective Date
text: Enactment of this subpart 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.
16 U.S.C. § 3838j (CONSERVATION)
§ 3838j. Farm viability program
(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 2012.
(Pub. L. 99–198, title XII, § 1238J, as added Pub. L. 107–171, title II, § 2503(a), May 13, 2002, 116 Stat. 269; amended Pub. L. 110–234, title II, § 2402, May 22, 2008, 122 Stat. 1051; Pub. L. 110–246, § 4(a), title II, § 2402, June 18, 2008, 122 Stat. 1664, 1779.)
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. (b). Pub. L. 110–246, § 2402, substituted “2012” for “2007”.
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.
16 U.S.C. § 3839 (CONSERVATION)
§ 3839. Environmental easement program
(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.
(Pub. L. 99–198, title XII, § 1239, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3597; amended Pub. L. 102–237, title II, § 204(7), Dec. 13, 1991, 105 Stat. 1855.)
heading: References in Text
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 (§ 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.
heading: Amendments
text: 1991—Subsec. (b)(1)(A). Pub. L. 102–237 substituted a semicolon for comma after “corridors”.
16 U.S.C. § 3839a (CONSERVATION)
§ 3839a. Duties of owners; components of plan
(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.
(Pub. L. 99–198, title XII, § 1239A, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3597.)
16 U.S.C. § 3839b (CONSERVATION)
§ 3839b. Duties of Secretary
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.
(Pub. L. 99–198, title XII, § 1239B, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3598.)
16 U.S.C. § 3839d (CONSERVATION)
§ 3839d. Changes in ownership; modification of easement
(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.
(Pub. L. 99–198, title XII, § 1239D, as added Pub. L. 101–624, title XIV, § 1440, Nov. 28, 1990, 104 Stat. 3600.)
16 U.S.C. § 3839aa–3 (CONSERVATION)
§ 3839aa–3. Evaluation of applications
(a) Evaluation criteria
The Secretary shall develop criteria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed.
(b) Prioritization of applications
In evaluating applications under this part, the Secretary shall prioritize applications—
(1) based on their overall level of cost-effectiveness to ensure that the conservation practices and approaches proposed are the most efficient means of achieving the anticipated environmental benefits of the project;
(2) based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns;
(3) that best fulfill the purpose of the environmental quality incentives program specified in section 3839aa(1) of this title; and
(4) that improve conservation practices or systems in place on the operation at the time the contract offer is accepted or that will complete a conservation system.
(c) Grouping of applications
To the greatest extent practicable, the Secretary shall group applications of similar crop or livestock operations for evaluation purposes or otherwise evaluate applications relative to other applications for similar farming operations.
(Pub. L. 99–198, title XII, § 1240C, as added Pub. L. 107–171, title II, § 2301, May 13, 2002, 116 Stat. 256; amended Pub. L. 110–234, title II, § 2504, May 22, 2008, 122 Stat. 1062; Pub. L. 110–246, § 4(a), title II, § 2504, June 18, 2008, 122 Stat. 1664, 1790.)
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: Prior Provisions
text: A prior section 3839aa–3, Pub. L. 99–198, title XII, § 1240C, as added Pub. L. 104–127, title III, § 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.
heading: Amendments
text: 2008—Pub. L. 110–246, § 2504, amended section generally. Prior to amendment, text read as follows: “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.”
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.