Title 16 -- Conservation


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    16 USC CHAPTER 58 - ERODIBLE LAND AND WETLAND
                  CONSERVATION AND RESERVE PROGRAM               01/23/00
 
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    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.
                  (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.
                  (b) Persons eligible for program benefits in
                        connection with production of certain planted
                        crops or production of crops on highly erodible
                        land.
                  (c) Ineligibility for loans and payments under
                        section 3811.
                  (d) Program ineligibility inapplicable to
                        pre-December 23, 1985, section 3811 loans.
                  (e) Limitations on ineligibility for tenants.
                  (f) Graduated sanctions.
                  (g) Preparation or revision of conservation plan.
                  (h) Noncommercial production of agricultural
                        commodities.
    3812a. Development and implementation of conservation plans and
      conservation systems.
                  (a) Technical requirements.
                  (b) Measurement of erosion reduction.
                  (c) Residue measurement.
                  (d) Certification of compliance.
                  (e) Technical assistance.
                  (f) Encouragement of on-farm research.
    3813. Soil surveys.
    3814. Notice and investigation of possible compliance deficiencies.
                  (a) In general.
                  (b) Corrective action.
                  (c) Review.
                   SUBCHAPTER III - WETLAND CONSERVATION
    3821. Program ineligibility.
                  (a) Production on converted wetland.
                  (b) Ineligibility for certain loans and payments.
                  (c) Wetland conversion.
                  (d) Prior loans.
    3822. Delineation of wetlands; exemptions.
                  (a) Delineation by Secretary.
                  (b) Exemptions.
                  (c) On-site inspection requirement.
                  (d) Identification of minimal effect exemptions.
                  (e) Nonwetlands.
                  (f) Minimal effect; mitigation.
                  (g) Mitigation appeals.
                  (h) Good faith exemption.
                  (i) Restoration.
                  (j) Determinations; restoration and mitigation plans;
                        monitoring activities.
                  (k) Mitigation banking program.
    3823. Affiliated persons.
    3824. Fairness of compliance.
        SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
        PART I - ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM
                       SUBPART A - GENERAL PROVISIONS
    3830. Environmental Conservation Acreage Reserve Program.
                  (a) Establishment.
                  (b) Administration.
                  (c) Conservation priority areas.
                      SUBPART B - CONSERVATION RESERVE
    3831. Conservation reserve.
                  (a) In general.
                  (b) Eligible lands.
                  (c) Certain land affected by secretarial action.
                  (d) Maximum enrollment.
                  (e) Duration of contract.
                  (f) Conservation priority areas.
                  (g) Multi-year grasses and legumes.
    3832. Duties of owners and operators.
                  (a) Terms of contract.
                  (b) Conversion plan provisions.
                  (c) Environmental use.
                  (d) Alley cropping.
                  (e) Foreclosure.
    3833. Duties of Secretary.
    3834. Payments.
                  (a) Time of cost-sharing and annual rental payments.
                  (b) Federal percentage of cost sharing payments.
                  (c) Annual rental payments; encouragement factor;
                        method of determination; acceptance of contract
                        offers.
                  (d) Cash or in-kind payments.
                  (e) Regulations: payments upon death, disability, or
                        succession.
                  (f) Rental payments fiscal year limitation;
                        regulations; receipt of other payments
                        unaffected; application of limit to payments
                        received by a State, political subdivision, or
                        agency.
                  (g) Contracts unaffected by certain Presidential
                        orders.
                  (h) Cost share assistance.
    3835. Contracts.
                  (a) Ownership or operation requirement.
                  (b) Sales or transfers; options.
                  (c) Modification; waiver.
                  (d) Termination; notice to Congressional Committees.
                  (e) Termination by owner or operator.
    3835a. Conversion of land subject to contract to other conserving
      uses.
                  (a) Conversion to trees.
                  (b) Conversion to wetlands.
                  (c) Limitation.
                  (d) Condition of contract.
    3836. Base history.
                  (a) Reductions.
                  (b) Basis for participation in other Federal
                        programs.
                  (c) Extension of preservation of cropland base and
                        allotment history.
                  (d) Additional remedy for violations.
    3836a. Wildlife Habitat Incentive Program.
                  (a) In general.
                  (b) Cost-share payments.
                  (c) Funding.
                    SUBPART C - WETLANDS RESERVE PROGRAM
    3837. Wetlands reserve program.
                  (a) Establishment.
                  (b) Enrollment conditions.
                  (c) Eligibility.
                  (d) Other eligible land.
                  (e) Ineligible land.
                  (f) Termination of existing contract.
                  (g) Easements.
    3837a. Easements and agreements.
                  (a) In general.
                  (b) Terms of easement.
                  (c) Restoration plans.
                  (d) Compatible uses.
                  (e) Type and length of easement.
                  (f) Compensation.
                  (g) Violation.
                  (h) Restoration cost-share agreements.
    3837b. Duties of owners.
    3837c. Duties of Secretary.
                  (a) In general.
                  (b) Cost-share and technical assistance.
                  (c) Acceptability of offers.
                  (d) Easement priority.
    3837d. Payments.
                  (a) Time of payment.
                  (b) Payments to others.
                  (c) Payment limitation.
                  (d) Exemption from automatic sequester.
    3837e. Changes in ownership; agreement modification; termination.
                  (a) Limitations.
                  (b) Modification; termination.
    3837f. Administration and funding.
                  (a) Delegation of easement administration.
                  (b) Regulations.
              PART II - AGRICULTURAL WATER QUALITY INCENTIVES
    3838 to 3838f. Repealed.
                 PART III - ENVIRONMENTAL EASEMENT PROGRAM
    3839. Environmental easement program.
                  (a) Establishment.
                  (b) Eligibility; termination.
    3839a. Duties of owners; components of plan.
                  (a) Duties of owners.
                  (b) Components of plan.
    3839b. Duties of Secretary.
    3839c. Payments.
                  (a) Time of payment.
                  (b) Cost sharing payments.
                  (c) Easement payments; acceptability of offers.
                  (d) Form of payment.
                  (e) Payments to others.
                  (f) Payment limitation.
                  (g) Exemption from automatic sequester.
    3839d. Changes in ownership; modification of easement.
                  (a) Limitations.
                  (b) Modification; termination.
             PART IV - ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
    3839aa. Purposes.
    3839aa-1. Definitions.
    3839aa-2. Establishment and administration of environmental quality
      incentives program.
                  (a) Establishment.
                  (b) Application and term.
                  (c) Structural practices.
                  (d) Land management practices.
                  (e) Cost-share payments, incentive payments, and
                        technical assistance.
                  (f) Modification or termination of contracts.
                  (g) Non-Federal assistance.
    3839aa-3. Evaluation of offers and payments.
    3839aa-4. Duties of producers.
    3839aa-5. Environmental quality incentives program plan.
                  (a) In general.
                  (b) Avoidance of duplication.
    3839aa-6. Duties of Secretary.
    3839aa-7. Limitation on payments.
                  (a) In general.
                  (b) Exception to annual limit.
                  (c) Timing of expenditures.
    3839aa-8. Temporary administration of environmental quality
      incentives program.
                  (a) Interim administration.
                  (b) Permanent administration.
                     PART V - CONSERVATION FARM OPTION
    3839bb. Conservation farm option.
                  (a) In general.
                  (b) Eligible owners and producers.
                  (c) Purposes.
                  (d) Conservation farm plan.
                  (e) Contracts.
                  (f) Secretarial determinations.
                  (g) Commodity Credit Corporation.
                  (h) Funding.
                 SUBCHAPTER V - FUNDING AND ADMINISTRATION
    3841. Funding.
                  (a) Mandatory expenses.
                  (b) Environmental quality incentives program.
    3842. Use of other agencies.
                  (a) Committees.
                  (b) Other agencies.
    3843. Administration.
                  (a) Plans.
                  (b) Acreage limitation.
                  (c) Tenant protection.
                  (d) Provision of technical assistance by other
                        sources.
                  (e) Regulations.
                 SUBCHAPTER VI - STATE TECHNICAL COMMITTEES
    3861. Establishment.
                  (a) In general.
                  (b) Standards.
                  (c) Composition.
    3862. Responsibilities.
                  (a) In general.
                  (b) Wetland and wildlife habitat protection
                        guidelines.
                  (c) Other duties.
                  (d) Authority.
                  (e) FACA requirements.
 
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS
      This chapter is referred to in title 7 sections 1308-3, 1308-4,
    6932, 6962, 7334.
 
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    16 USC SUBCHAPTER I - DEFINITIONS                            01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER I - DEFINITIONS
    .
 
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    SUBCHAPTER I - DEFINITIONS
 
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    16 USC Sec. 3801                                             01/23/00
 
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    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.
 
-MISC2-
                                 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 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''.
 
-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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 7 sections 1985, 1997,
    2006e; title 26 section 1257.
 
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    16 USC SUBCHAPTER II - HIGHLY ERODIBLE LAND CONSERVATION     01/23/00
 
-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
 
-SECREF-
                  SUBCHAPTER REFERRED TO IN OTHER SECTIONS
      This subchapter is referred to in sections 3835, 3842, 3843 of
    this title; title 7 sections 7211, 7231; title 12 section 2219d.
 
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    16 USC Sec. 3811                                             01/23/00
 
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    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-
      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.
 
-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.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Agricultural Market Transition Act, referred to in par.
    (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 par.
    (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
    par. (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.
 
-MISC2-
                                 AMENDMENTS
      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.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 3812, 3812a, 3836 of this
    title; title 7 section 7251.
 
-CITE-
    16 USC Sec. 3812                                             01/23/00
 
-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, Sec. 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, Sec. 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.
 
-MISC2-
                                 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).
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 3801, 3811, 3831, 3843 of
    this title; title 7 section 1924.
 
-CITE-
    16 USC Sec. 3812a                                            01/23/00
 
-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.
 
-CITE-
    16 USC Sec. 3813                                             01/23/00
 
-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.)
 
-CITE-
    16 USC Sec. 3814                                             01/23/00
 
-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.)
 
-CITE-
    16 USC SUBCHAPTER III - WETLAND CONSERVATION                 01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER III - WETLAND CONSERVATION
    .
 
-HEAD-
    SUBCHAPTER III - WETLAND CONSERVATION
 
-SECREF-
                  SUBCHAPTER REFERRED TO IN OTHER SECTIONS
      This subchapter is referred to in sections 3835, 3842, 3843 of
    this title; title 7 sections 7211, 7231; title 12 section 2219d.
 
-CITE-
    16 USC Sec. 3821                                             01/23/00
 
-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.
 
-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.)
 
-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.
 
-MISC2-
                                 AMENDMENTS
      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 (Sec. 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).''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 3822, 3823, 3836 of this
    title; title 7 section 7251.
 
-CITE-
    16 USC Sec. 3822                                             01/23/00
 
-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 (FOOTNOTE 1) of this title, the imposition of a mitigation
    agreement requiring greater than one-to-one acreage mitigation to
    which the person is subject.
       (FOOTNOTE 1) See References in Text note below.
    (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 (FOOTNOTE 2) actively restoring the
      subject wetland.
       (FOOTNOTE 2) So in original.  Probably should be followed by
    ''be''.
    (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 (FOOTNOTE 3) Resources Conservation
    Service.
       (FOOTNOTE 3) So in original.  Probably should be ''Natural''.
    (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.
 
-MISC2-
                                 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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3821 of this title.
 
-CITE-
    16 USC Sec. 3823                                             01/23/00
 
-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, Sec. 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.
 
-CITE-
    16 USC Sec. 3824                                             01/23/00
 
-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.)
 
-CITE-
    16 USC SUBCHAPTER IV - AGRICULTURAL RESOURCES
                  CONSERVATION PROGRAM                           01/23/00
 
-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
 
-SECREF-
                  SUBCHAPTER REFERRED TO IN OTHER SECTIONS
      This subchapter is referred to in sections 3801, 3811, 3821,
    3842, 3843 of this title; title 7 sections 1308, 1308-3.
 
-CITE-
    16 USC Part I - Environmental Conservation Acreage
                  Reserve Program                                01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    .
 
-HEAD-
    Part I - Environmental Conservation Acreage Reserve Program
 
-SECREF-
                     PART REFERRED TO IN OTHER SECTIONS
      This part is referred to in sections 3839aa-2, 3843 of this
    title.
 
-CITE-
    16 USC subpart a - general provisions                        01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart a - general provisions
    .
 
-HEAD-
    subpart a - general provisions
 
-CITE-
    16 USC Sec. 3830                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart a - general provisions
 
-HEAD-
    Sec. 3830. Environmental conservation acreage reserve program
 
-STATUTE-
    (a) Establishment
      (1) In general
        During the 1996 through 2002 calendar years, the Secretary
      shall establish an environmental conservation acreage reserve
      program (referred to in this section as ''ECARP'') 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 ECARP 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 ECARP 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 ECARP, 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 ECARP.
    (c) Conservation priority areas
      (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.
 
-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.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Water Pollution Control Act, referred to in subsec.
    (c)(2), is act June 30, 1948, ch. 758, as amended generally by Pub.
    L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
    generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation
    and Navigable Waters. For complete classification of this Act to
    the Code, see Short Title note set out under section 1251 of Title
    33 and Tables.
 
-MISC2-
                                 AMENDMENTS
      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''.
                        FARMLAND PROTECTION PROGRAM
      Section 388 of Pub. L. 104-127 provided that:
      ''(a) In General. - The Secretary of Agriculture shall establish
    and carry out a farmland protection program under which the
    Secretary shall purchase conservation easements or other interests
    in not less than 170,000, nor more than 340,000, acres of land with
    prime, unique, or other productive soil that is subject to a
    pending offer from a State or local government 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
    section 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) Funding. - The Secretary shall use not more than
    $35,000,000 of the funds of the Commodity Credit Corporation to
    carry out this section.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3839aa-3 of this title.
 
-CITE-
    16 USC subpart b - conservation reserve                      01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart b - conservation reserve
    .
 
-HEAD-
    subpart b - conservation reserve
 
-SECREF-
                   SUBPART REFERRED TO IN OTHER SECTIONS
      This subpart is referred to in sections 3812, 3830, 3836a, 3837,
    3839bb, 3841, 3843 of this title; title 7 sections 6932, 6962.
 
-CITE-
    16 USC Sec. 3831                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart b - conservation reserve
 
-HEAD-
    Sec. 3831. Conservation reserve
 
-STATUTE-
    (a) In general
      Through the 2002 calendar year, the Secretary shall formulate and
    carry out the enrollment of lands in a conservation reserve program
    through the use of contracts to assist owners and operators of
    lands specified in subsection (b) of this section to conserve and
    improve the soil and water resources of such lands.
    (b) Eligible lands
      The Secretary may include in the program established under this
    subpart -
        (1) highly erodible croplands that -
          (A) if permitted to remain untreated could substantially
        reduce the production capability for future generations; or
          (B) can not be farmed in accordance with a plan under section
        3812 of this title;
        (2) marginal pasture lands converted to wetland or established
      as wildlife habitat prior to November 28, 1990;
        (3) marginal pasture lands to be devoted to trees in or near
      riparian areas or for similar water quality purposes, not to
      exceed 10 percent of the number of acres of land that is placed
      in the conservation reserve under this subpart in each of the
      1991 through 2002 calendar years;
        (4) croplands that are otherwise not eligible -
          (A) if the Secretary determines that (i) such lands
        contribute to the degradation of water quality or would pose an
        on-site or off-site environmental threat to water quality if
        permitted to remain in agricultural production, and (ii) water
        quality objectives with respect to such land cannot be achieved
        under the water quality incentives program established under
        part II of this subchapter;
          (B) if such croplands are newly-created, permanent grass sod
        waterways, or are contour grass sod strips established and
        maintained as part of an approved conservation plan;
          (C) that will be devoted to newly established living snow
        fences, permanent wildlife habitat, windbreaks, shelterbelts,
        or filterstrips devoted to trees or shrubs; or
          (D) if the Secretary determines that such lands pose an
        off-farm environmental threat, or pose a threat of continued
        degradation of productivity due to soil salinity, if permitted
        to remain in production.
    (c) Certain land affected by secretarial action
      For purposes of determining the eligibility of land to be placed
    in the conservation reserve established under this subpart, land
    shall be considered planted to an agricultural commodity during a
    crop year if an action of the Secretary prevented land from being
    planted to the commodity during the crop year.
    (d) Maximum enrollment
      The Secretary may maintain up to 36,400,000 acres in the
    conservation reserve at any one time during the 1986 through 2002
    calendar years (including contracts extended by the Secretary
    pursuant to section 1437(c) of the Food, Agriculture, Conservation,
    and Trade Act of 1990 (Public Law 101-624; 16 U.S.C. 3831 note)).
    (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 lands
        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 such land may, within the
      limitations prescribed under this section, specify the duration
      of the contract.  The Secretary may, in the case of land that is
      devoted to hardwood trees under a contract entered into under
      this subpart prior to October 1, 1990, extend such contract for
      not to exceed 5 years, as agreed to by the owner or operator of
      such land and the Secretary.
    (f) Conservation priority areas
      (1) Designation
        Upon 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) upon application by the appropriate State agency; or
          (B) in the case of areas specified in this subsection, if the
        Secretary finds that such areas no longer contain actual and
        significant adverse water quality or habitat impacts related to
        agricultural production activities.
      (4) Duty of Secretary
        In utilizing the authority granted under this subsection, the
      Secretary shall attempt to maximize water quality and habitat
      benefits in such watersheds by promoting a significant level of
      enrollment of lands within such watersheds in the program under
      this subpart by whatever means the Secretary determines
      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.
 
-SOURCE-
    (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, Sec. 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.)
 
-COD-
                                CODIFICATION
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
 
-MISC3-
                                 AMENDMENTS
      1996 - Subsecs. (a), (b)(3). Pub. L. 104-127, Sec. 332(a)(1),
    substituted ''2002'' for ''1995''.
      Subsec. (d). Pub. L. 104-127, Sec. 332(b), added subsec. (d) and
    struck out heading and text of former subsec. (d). Text read as
    follows: ''The Secretary shall enter into contracts under this
    section to place in the conservation reserve a total of 38,000,000
    acres during the 1986 through 1995 calendar years.  In enrolling
    such acres, the Secretary shall reserve 1 million acres for
    enrollment under this section in the 1995 calendar year.''
      1993 - Subsec. (d). Pub. L. 103-66 in first sentence substituted
    ''shall'' for ''may'' after ''The Secretary'' and ''a total of
    38,000,000 acres during the 1986 through 1995 calendar years'' for
    ''the amount of acres specified in section 3830(b) of this title''
    and in second sentence substituted ''the 1995 calendar year'' for
    ''each of calendar years 1994 and 1995''.
      1992 - Subsec. (b)(4)(C). Pub. L. 102-324 struck out '', and made
    subject to an easement for the useful life of,'' after ''will be
    devoted to''.
      1990 - Pub. L. 101-624, Sec. 1432(2), amended section generally,
    adding subsecs. (b), (c), (d), (e)(2), and (f), amending subsec.
    (a) by extending applicability of provisions from 1990 through 1995
    and substituting reference to lands specified in subsec. (b) for
    reference to highly erodible cropland, redesignating subsec. (e) as
    subsec. (e)(1), and redesignating subsec. (f) as (g).
      Pub. L. 101-624, Sec. 1447(a), substituted ''this subpart'' for
    ''this subchapter'' wherever appearing in this section as it
    existed prior to enactment of Pub. L. 101-624.
      1986 - Subsec. (f). Pub. L. 99-500, Pub. L. 99-591, and Pub. L.
    99-641 made substantially identical amendments adding subsec. (f).
    STUDY OF LAND USE FOR EXPIRING CONTRACTS AND EXTENSION OF AUTHORITY
      Section 1437 of Pub. L. 101-624 provided that:
      ''(a) In General. - The Secretary of Agriculture shall conduct a
    study of cropland subject to expiring conservation reserve
    contracts entered into prior to the date of enactment of this Act
    (Nov. 28, 1990) under subtitle D of title XII of the Food Security
    Act of 1985 (16 U.S.C. 3831 et seq.).  Such study shall include the
    consideration of -
        ''(1) the environmental benefits of such lands that remain out
      of crop production as compared to the economic benefits that
      would result from returning such lands to production under
      adequate stewardship and management;
        ''(2) the renewal of the contracts in a manner that allows for
      certain sustainable economic uses of cropland in return for lower
      rental payments;
        ''(3) the purchase of permanent easements permitting specified
      economic uses of cropland subject to the contracts;
        ''(4) the purchase of the cropland subject to the contracts;
        ''(5) the preservation of crop acreage bases associated with
      cropland subject to the contracts if the owner or operator
      continues to devote the cropland to conserving uses;
        ''(6) the purchase of crop acreage bases associated with
      cropland subject to the contracts; and
        ''(7) the expiration of the contracts.
      ''(b) Report. - Not later than December 31, 1993, the Secretary
    of Agriculture shall prepare and submit to the Committee on
    Agriculture of the House of Representatives and the Committee on
    Agriculture, Nutrition, and Forestry of the Senate a report
    concerning the results of the study conducted under subsection (a)
    and recommendations concerning the treatment of lands subject to
    expiring contracts under subtitle D of title XII of the Food
    Security Act of 1985 (16 U.S.C. 3831 et seq.), proposed legislation
    addressing the treatment of such lands, and the projected cost of
    such treatment.
      ''(c) Extensions. - During the 1996 through 2000 calendar years,
    the Secretary of Agriculture may -
        ''(1) extend up to 10 years contracts entered into under
      subchapter B of chapter 1 of subtitle D of title XII of the Food
      Security Act of 1985 (16 U.S.C. 3831) (16 U.S.C. 3831 et seq.)
      prior to the date of enactment of this Act (Nov. 28, 1990); or
        ''(2) purchase long-term or permanent easements as provided for
      in chapter 3 (16 U.S.C. 3839 et seq.);
    at the option of the owner or operator on land that the Secretary
    has determined under the study conducted under subsection (a)
    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.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 3837, 3839 of this title;
    title 7 sections 7211, 7212.
 
-CITE-
    16 USC Sec. 3832                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart b - conservation reserve
 
-HEAD-
    Sec. 3832. Duties of owners and operators
 
-STATUTE-
    (a) Terms of contract
      Under the terms of a contract entered into under this subpart,
    during the term of such contract, an owner or operator of a farm or
    ranch must 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 lands 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 such land for agricultural purposes, except as
      permitted by the Secretary;
        (4) to establish approved vegetative cover, or water cover for
      the enhancement of wildlife, on such land, except that such water
      cover shall not include ponds for the purpose of watering
      livestock, irrigating crops, or raising fish for commercial
      purposes;
        (5) in addition to the remedies provided under section 3836(d)
      of this title, on the violation of a term or condition of the
      contract at any time the owner or operator has control of such
      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 thereon as determined by the Secretary, if the
        Secretary, after considering the recommendations of the soil
        conservation district and the Soil Conservation Service,
        determines that such 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 such 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 such land agrees with the Secretary to
      assume all obligations of the contract, or the transferee and the
      Secretary agree to modifications to such contract, where such
      modifications are consistent with the objectives of the program
      as determined by the Secretary; Provided however, no refund of
      rental payments and cost sharing payments shall be required when
      the land is purchased by or for the United States Fish and
      Wildlife Service;
        (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 -
          (A) may permit -
            (i) harvesting or grazing or other commercial use of the
          forage on land that is subject to the contract in response to
          a drought or other similar emergency; and
            (ii) limited grazing on such land where such grazing is
          incidental to the gleaning of crop residues on the fields in
          which such land is located and occurs during the 7-month
          period in which grazing of conserving use acreage is allowed
          in a State under the Agricultural Act of 1949 (7 U.S.C. 1421
          et seq.) or after the producer harvests the grain crop of the
          surrounding field for a reduction in rental payment
          commensurate with the limited economic value of such
          incidental grazing; and
          (B) shall approve not more than six projects, no more than
        one of which may be in any State, under which land subject to
        the contract may be harvested for recovery of biomass used in
        energy production if -
            (i) no acreage subject to the contract is harvested more
          than once every other year;
            (ii) not more than 25 percent of the total acreage enrolled
          in the program under this subpart in any crop reporting
          district (as designated by the Secretary), is harvested in
          any 1 year;
            (iii) no portion of the crop is used for any commercial
          purpose other than energy production from biomass;
            (iv) no wetland, or acreage of any type enrolled in a
          partial field conservation practice (including riparian
          forest buffers, filter strips, and buffer strips), is
          harvested;
            (v) the owner or operator agrees to a payment reduction
          under this section in an amount determined by the Secretary.
          (C) the total acres for all of the projects shall not exceed
        250,000 acres.
        (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 lands 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 thereof.
    (b) Conversion plan provisions
      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 such term; and
        (2) may provide for the permanent retirement of any existing
      cropland base and allotment history for the land.
    (c) Environmental use
      To the extent practicable, not less than one-eighth of land that
    is placed in the conservation reserve under this subpart during the
    1991 through 2002 calendar years shall be devoted to trees, or
    devoted to shrubs or other noncrop vegetation or water that may
    provide a permanent habitat for wildlife including migratory
    waterfowl.
    (d) Alley cropping
      (1) The Secretary may permit alley cropping of agricultural
    commodities on land that is subject to contracts entered into under
    this subpart, if -
        (A) such land is planted to hardwood trees;
        (B) such agricultural commodities will be produced in
      conjunction with, and in close proximity to, such hardwood trees;
      and
        (C) the owner or operator of such land agrees to implement
      appropriate conservation practices concerning such land.
      (2) The Secretary shall develop a bid system by which owners and
    operators may offer to reduce their annual rental payments in
    exchange for permission to produce agricultural commodities on such
    land in accordance with this subsection.  The Secretary shall not
    accept offers under this paragraph that provide for less than a 50
    percent reduction in such annual payments.
      (3) The Secretary shall ensure that the total annual rental
    payments over the term of any contract modified under this
    subsection are not in excess of that specified in the original
    contract.
      (4) For the purposes of this subsection, the term ''alley
    cropping'' means the practice of planting rows of trees bordered on
    each side by a narrow strip of groundcover, alternated with wider
    strips of row crops or grain.
    (e) Foreclosure
      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 such contract if the land that is subject to such
    contract has been foreclosed upon and the Secretary determines that
    forgiving such repayments is appropriate in order to provide fair
    and equitable treatment.  This subsection shall not void the
    responsibilities of such an owner or operator under the contract if
    such owner or operator resumes control over the property that is
    subject to the contract within the period specified in the
    contract.  Upon the resumption of such control over the property 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, Dec. 23, 1985, 99 Stat.
    1509; Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1919; Pub.
    L. 101-624, title XIV, Sec. 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, Sec. 763,
    769, Oct. 22, 1999, 113 Stat. 1173, 1174.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Agricultural Act of 1949, referred to in subsec. (a)(7), 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, Agriculture. For complete classification of this Act to the
    Code, see Short Title note set out under section 1421 of Title 7
    and Tables.
 
-COD-
                                CODIFICATION
      Pub. L. 101-512 and Pub. L. 101-624 were approved by the
    President after Congress adjourned and in reverse order of passage
    by Congress. Accordingly, the amendments made by Pub. L. 101-624
    were executed to text prior to the amendment made by Pub. L.
    101-512 to reflect the probable intent of Congress.
 
-MISC3-
                                 AMENDMENTS
      1999 - Subsec. (a)(7). Pub. L. 106-78, Sec. 769, designated
    portion of existing provisions as subpar. (A) and cls. (i) and
    (ii), and added subpar. (B).
      Subsec. (a)(9) to (11). Pub. L. 106-78, Sec. 763, inserted
    ''and'' at end of par. (9), substituted a period for ''; and'' at
    end of par. (10), and struck out par. (11) which read as follows:
    ''with respect to any contract entered into after November 28,
    1990, concerning highly erodible land in a county that has not
    reached the limitation established by section 3843(f) of this title
    -
        ''(A) not to produce an agricultural commodity for the duration
      of the contract on any other highly erodible land that such owner
      or operator has purchased after November 28, 1990, and that does
      not have a history of being used to produce an agricultural
      commodity other than forage crops; and
        ''(B) on the violation of a contract described in subparagraph
      (A), to be subject to the sanctions described in paragraph (5).''
      1996 - Subsec. (c). Pub. L. 104-127 substituted ''2002'' for
    ''1995''.
      1992 - Subsec. (a)(6). Pub. L. 102-552 made technical correction
    to directory language of Pub. L. 101-512. See 1991 Amendment note
    below.
      1991 - Subsec. (a)(6). Pub. L. 102-237, Sec. 204(5)(A), struck
    out extra semicolon after ''determined by the Secretary;''.
      Subsec. (a)(7). Pub. L. 102-237, Sec. 204(5)(B), struck out
    ''fall and winter'' after ''Secretary may permit limited'' and
    substituted ''and occurs during the 7-month period in which grazing
    of conserving use acreage is allowed in a State under the
    Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) or after the
    producer harvests the grain crop of the surrounding field for a
    reduction in rental payment commensurate with the limited economic
    value of such incidental grazing'' for ''for an applicable
    reduction in rental payment''.
      1990 - Subsec. (a). Pub. L. 101-624, Sec. 1447(a), substituted
    reference to this subpart for reference to this subchapter wherever
    appearing.
      Subsec. (a)(1). Pub. L. 101-624, Sec. 1433(a)(1), substituted
    ''eligible lands'' for ''highly erodible cropland''.
      Subsec. (a)(4). Pub. L. 101-624, Sec. 1433(a)(2), inserted '', or
    water cover for the enhancement of wildlife,'' after ''cover'' and
    '', except that such water cover shall not include ponds for the
    purpose of watering livestock, irrigating crops, or raising fish
    for commercial purposes'' after ''land''.
      Subsec. (a)(5). Pub. L. 101-624, Sec. 1433(a)(3), inserted
    reference to remedies under section 3836(d) of this title.
      Subsec. (a)(6). Pub. L. 101-624, Sec. 1433(a)(4), inserted before
    semicolon at end '', or the transferee and the Secretary agree to
    modifications to such contract, where such modifications are
    consistent with the objectives of the program as determined by the
    Secretary;''. See Codification note above.
      Pub. L. 101-512, as amended by Pub. L. 102-552, inserted at end
    ''Provided however, no refund of rental payments and cost sharing
    payments shall be required when the land is purchased by or for the
    United States Fish and Wildlife Service;''. See Codification note
    above.
      Subsec. (a)(7). Pub. L. 101-624, Sec. 1433(a)(5), inserted before
    semicolon at end '', and the Secretary may permit limited fall and
    winter grazing on such land where such grazing is incidental to the
    gleaning of crop residues on the fields in which such land is
    located for an applicable reduction in rental payment''.
      Subsec. (a)(11). Pub. L. 101-624, Sec. 1433(a)(6)-(8), added par.
    (11).
      Subsec. (c). Pub. L. 101-624, Sec. 1433(b), added subsec. (c) and
    struck out former subsec. (c) which read as follows: ''To the
    extent practicable, not less than one eighth of the number of acres
    of land that is placed in the conservation reserve under this
    subpart in each of the 1986 through 1990 crop years shall be
    devoted to trees.''
      Pub. L. 101-624, Sec. 1447(a), substituted ''this subpart'' for
    ''this subchapter'' in subsec. (c) as it existed prior to enactment
    of Pub. L. 101-624.
      Subsecs. (d), (e). Pub. L. 101-624, Sec. 1433(b), added subsecs.
    (d) and (e).
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3833 of this title.
 
-CITE-
    16 USC Sec. 3833                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart b - conservation reserve
 
-HEAD-
    Sec. 3833. Duties of 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;
        (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; and
        (3) provide conservation technical assistance to assist the
      owner or operator in carrying out the contract.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1233, Dec. 23, 1985, 99 Stat.
    1511.)
 
-CITE-
    16 USC Sec. 3834                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart b - conservation reserve
 
-HEAD-
    Sec. 3834. Payments
 
-STATUTE-
    (a) Time of cost-sharing and annual rental payments
      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 possible 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 discretion 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 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 such contracts
    for which the Secretary determines that cost-sharing is appropriate
    and in the public interest.
      (2) The Secretary shall not make any payment under this subpart
    to the extent that the total amount of cost sharing payments
    provided to such owners and operators from all sources would exceed
    100 percent of the total establishment costs.
      (3) In the case of 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,
    or in the case of land converted to such production under section
    3835a of this title, the Secretary, in making cost share payments
    to an owner or operator of such land, shall pay 50 percent of the
    reasonable and necessary costs, as determined by the Secretary,
    incurred by such owner or operator for maintaining such plantings
    that are 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 such
    plantings, as determined appropriate by the Secretary.
      (4) The Secretary may permit owners or operators who contract to
    devote at least 10 acres of land to the production of hardwood
    trees under this subpart to extend the planting of such trees over
    a 3-year period if at least one-third of such trees are planted in
    each of the first 2 years.
      (5) An owner or operator shall not be eligible to receive or
    retain cost share assistance under this subsection if such owner or
    operator receives any other Federal cost share assistance with
    respect to such land under any other provision of law.
    (c) Annual rental payments; encouragement factor; method of
        determination; acceptance of contract offers
      (1) 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) 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) 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 upon the extent to which water quality
      or wildlife habitat may be improved or erosion may be abated.
      (4) 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) 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) If such payment is made with in-kind commodities, such
    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) 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.
      (4) Payments to a producer under a special conservation reserve
    enhancement program described in subsection (f)(4) of this section
    shall be in the form of cash only.
    (e) Regulations: payments upon death, disability, or succession
      If an owner or operator who is entitled to a payment under a
    contract entered into 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.
    (f) Rental payments fiscal year limitation; regulations; receipt of
        other payments unaffected; application of limit to payments
        received by a State, political subdivision, or agency
      (1) The total amount of rental payments, including rental
    payments made in the form of in-kind commodities, made to an owner
    or operator under this subpart for any fiscal year may not exceed
    $50,000.
      (2)(A) The Secretary shall issue regulations -
        (i) defining the term ''person'' as used in this subsection;
      and
        (ii) prescribing such rules as the Secretary determines
      necessary to ensure a fair and reasonable application of the
      limitation contained in this subsection.
      (B) The regulations issued by the Secretary on December 18, 1970,
    under section 1307 of this title, shall be used to determine
    whether corporations and their stockholders may be considered as
    separate persons under this subsection.
      (3) Rental payments received by an owner or operator shall be in
    addition to, and not affect, the total amount of payments that such
    owner or operator 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) The provisions of this subsection that limit payments to any
    person, and section 1305(d) of the Agricultural Reconciliation Act
    of 1987, 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. 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.
    (g) Contracts unaffected by certain Presidential orders
      Notwithstanding any other provision of law, no order issued for
    any fiscal year under section 902 of title 2 shall affect any
    payment under any contract entered into at any time that is subject
    to this subpart, including contracts entered into prior to November
    28, 1990.
    (h) Cost share 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 lands in
    the conservation reserve program.
 
-SOURCE-
    (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, Sec. 1434, 1447(a), Nov. 28,
    1990, 104 Stat. 3581, 3605.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      November 28, 1990, referred to in subsec. (b)(3), was in the
    original ''the date of enactment of this section'', and was
    translated as meaning the date of enactment of Pub. L. 101-624,
    which generally amended subsec. (b) of this section, to reflect the
    probable intent of Congress.
      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.
 
-MISC2-
                                 AMENDMENTS
      1990 - Subsec. (a). Pub. L. 101-624, Sec. 1447(a), substituted
    reference to this subpart for reference to this subchapter.
      Subsec. (b). Pub. L. 101-624, Sec. 1434(a), amended subsec. (b)
    generally.  Prior to amendment, subsec. (b) read as follows: ''In
    making cost sharing payments to owners and operators under
    contracts entered into under this subpart, the Secretary shall pay
    50 percent of the cost of establishing conservation measures and
    practices set forth in such contracts for which the Secretary
    determines that cost-sharing is appropriate and in the public
    interest.''
      Pub. L. 101-624, Sec. 1447(a), substituted ''this subpart'' for
    ''this subchapter'' in subsec. (b) as it existed prior to the
    enactment of Pub. L. 101-624.
      Subsec. (c)(1), (2). Pub. L. 101-624, Sec. 1447(a), substituted
    reference to this subpart for reference to this subchapter.
      Subsec. (c)(3). Pub. L. 101-624, Sec. 1434(b)(1), amended par.
    (3) generally.  Prior to amendment, par. (3) read as follows: ''In
    determining the acceptability of contract offers, the Secretary may
    -
        ''(A) take into consideration the extent of erosion on the land
      that is the subject of the contract and the productivity of the
      acreage diverted;
        ''(B) where appropriate, accept contract offers that provide
      for the establishment of -
          ''(i) shelterbelts and windbreaks; or
          ''(ii) permanently vegetated stream borders, filter strips of
        permanent grass, forbs, shrubs, and trees that will reduce
        sedimentation substantially;
        ''(C) establish different criteria in various States and
      regions of the United States to determine the extent to which
      erosion may be abated; and
        ''(D) give priority to offers made by owners and operators who
      are subject to the highest degree of economic stress, such as a
      general tightening of agricultural credit or an unfavorable
      relationship between production costs and prices received for
      agricultural commodities.''
      Subsec. (c)(4). Pub. L. 101-624, Sec. 1434(b)(2), added par. (4).
      Subsec. (d)(1). Pub. L. 101-624, Sec. 1447(a), substituted
    reference to this subpart for reference to this subchapter.
      Subsec. (d)(4). Pub. L. 101-624, Sec. 1434(c), added par. (4).
      Subsec. (e). Pub. L. 101-624, Sec. 1447(a), substituted reference
    to this subpart for reference to this subchapter.
      Subsec. (f). Pub. L. 101-624, Sec. 1447(a), substituted reference
    to this subpart for reference to this subchapter wherever
    appearing.
      Subsec. (f)(3). Pub. L. 101-624, Sec. 1434(d), inserted reference
    to Food, Agriculture, Conservation, and Trade Act of 1990.
      Subsecs. (g), (h). Pub. L. 101-624, Sec. 1434(e), added subsecs.
    (g) and (h).
      1988 - Subsec. (f)(4). Pub. L. 100-387 added par. (4).
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Section 322 of Pub. L. 100-387 provided that the amendment made
    by that section is effective beginning with the 1988 crop year.
                     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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3801 of this title.
 
-CITE-
    16 USC Sec. 3835                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart b - conservation reserve
 
-HEAD-
    Sec. 3835. Contracts
 
-STATUTE-
    (a) Ownership or operation requirement
      (1) 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 such land was not
      acquired for the purpose of placing it 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) 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; options
      If during the term of a contract entered into under this subpart
    an owner or operator of land subject to such contract sells or
    otherwise transfers the ownership or right of occupancy of such
    land, the new owner or operator of such land may -
        (1) continue such 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) Modification; waiver
      (1) The Secretary may modify a contract entered into with an
    owner or operator under this subpart if -
        (A) the owner or operator 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, consistent with this subpart.
      (2) 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; notice to Congressional Committees
      (1) The Secretary may terminate a contract entered into with an
    owner or operator under this subpart if -
        (A) the owner or operator agrees to such termination; and
        (B) the Secretary determines that such termination would be in
      the public interest.
      (2) 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 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.
    (e) Termination by owner or operator
      (1) Early termination authorized
        Subject to the other provisions of this subsection, the
      Secretary shall allow a participant who entered into a contract
      before January 1, 1995, to terminate the contract at any time if
      the contract has been in effect for at least 5 years.  The
      termination shall not relieve the participant of liability for a
      contract violation occurring before the date of the termination.
      The participant shall provide the Secretary with reasonable
      notice of the participant's desire to terminate the contract.
      (2) Certain lands excepted
        The following lands 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 lands of high environmental value (including
        wetlands), 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).
      (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 who
      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 lands
      in the area, except that the requirements may not be more onerous
      than the requirements imposed on other lands.
 
-SOURCE-
    (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.)
 
-MISC1-
                                 AMENDMENTS
      1996 - Subsec. (a)(1). Pub. L. 104-127, Sec. 332(c)(1)(A),
    substituted ''1-year'' for ''3-year'' in introductory provisions.
      Subsec. (a)(2)(B)(i). Pub. L. 104-127, Sec. 332(c)(1)(B),
    substituted ''1 year'' for ''3 years''.
      Subsec. (e). Pub. L. 104-127, Sec. 332(c)(2), added subsec. (e).
      1990 - Pub. L. 101-624, Sec. 1447(a), substituted reference to
    this subpart for reference to this subchapter wherever appearing.
      1988 - Subsec. (a)(1)(D). Pub. L. 100-233 added subpar. (D).
                            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).''
 
-CITE-
    16 USC Sec. 3835a                                            01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve 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 who 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 such contract, and that are devoted to vegetative
      cover, from such 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 wetlands
      The Secretary shall permit an owner or operator who 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 such contract to wetlands if -
        (1) such areas are prior converted wetlands;
        (2) the owner or operator of such areas enters into an
      agreement to provide the Secretary with a long-term or permanent
      easement under subpart C covering such areas;
        (3) there is a high probability that the prior converted area
      can be successfully restored to wetland status; and
        (4) the restoration of such 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 such acres, including the
    expense involved in the original establishment of the vegetative
    cover, that would result in cost share for costs 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. 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.)
 
-MISC1-
                                 AMENDMENTS
      1992 - Subsec. (a)(2). Pub. L. 102-324 added subpar. (A),
    redesignated subpar. (C) as (B), and struck out former subpars. (A)
    and (B). Prior to amendment, subpars. (A) and (B) read as follows:
      ''(A) Extension of contract. - With respect to any contract on
    land to be devoted to hardwood trees, windbreaks, shelterbelts, or
    wildlife corridors under this section, if the original term of such
    contract was less than 15 years, the owner or operator may extend
    such contract to a term of not to exceed 15 years.
      ''(B) Easements. - If such areas are converted to windbreaks,
    shelterbelts, or wildlife corridors under this section, the owner
    of such land shall enter into an agreement to provide a
    conservation easement to the Secretary for the useful life of such
    plantings.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 3831, 3834 of this title.
 
-CITE-
    16 USC Sec. 3836                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart b - conservation reserve
 
-HEAD-
    Sec. 3836. Base history
 
-STATUTE-
    (a) Reductions
      A reduction, based on a ratio between the total cropland acreage
    on the farm and the acreage placed in the conservation reserve
    authorized by this subpart, as determined by the Secretary, shall
    be made during the period of the contract, in the aggregate, in
    crop bases, quotas, and allotments on the farm with respect to
    crops for which there is a production adjustment program.
    (b) Basis for participation in other Federal programs
      Notwithstanding sections 3811 and 3821 of this title, the
    Secretary, by appropriate regulation, may provide for preservation
    of cropland base and allotment history applicable to acreage
    converted from the production of agricultural commodities under
    this section, for the purpose of any Federal program under which
    the history is used as a basis for participation in the program or
    for an allotment or other limitation in the program, unless the
    owner and operator agree under the contract to retire permanently
    that cropland base and allotment history.
    (c) Extension of preservation of cropland base and allotment
        history
      The Secretary shall offer the owner or operator of a farm or
    ranch an opportunity to extend the preservation of cropland base
    and allotment history pursuant to subsection (b) of this section
    for such time as the Secretary determines to be appropriate after
    the expiration date of a contract under this subpart at the request
    of such owner or operator.  In return for such extension, the owner
    or operator shall agree to continue to abide by the terms and
    conditions of the original contract, except that -
        (1) such owner or operator shall receive no additional cost
      share, annual rental, or bonus payment; and
        (2) the Secretary may permit, subject to such terms and
      conditions as the Secretary may impose, haying and grazing of
      acreage subject to such agreement, except during any consecutive
      5 month period that is established by the State committee.  Each
      5 month period shall be established during the period beginning
      April 1 and ending October 31 of a year.  In the case of a
      natural disaster, the Secretary may permit unlimited haying and
      grazing on such acreage.
    (d) Additional remedy for violations
      In addition to any other remedy prescribed by law, the Secretary
    may reduce or terminate the amount of cropland base and allotment
    history preserved pursuant to subsection (c) of this section for
    acreage with respect to which a violation of a term or condition
    occurs.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1236, Dec. 23, 1985, 99 Stat.
    1514; Pub. L. 101-624, title XIV, Sec. 1436, 1447(a), Nov. 28,
    1990, 104 Stat. 3583, 3605.)
 
-MISC1-
                                 AMENDMENTS
      1990 - Subsec. (a). Pub. L. 101-624, Sec. 1447(a), substituted
    reference to this subpart for reference to this subchapter.
      Subsecs. (c), (d). Pub. L. 101-624, Sec. 1436, added subsecs. (c)
    and (d).
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3832 of this title.
 
-CITE-
    16 USC Sec. 3836a                                            01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart b - conservation reserve
 
-HEAD-
    Sec. 3836a. Wildlife Habitat Incentive Program
 
-STATUTE-
    (a) In general
      The Secretary of Agriculture, in consultation with the State
    technical committees established under section 1261 of the Food
    Security Act of 1985 (16 U.S.C. 3861), shall establish a program
    under the Natural Resources Conservation Service to be known as the
    ''Wildlife Habitat Incentive Program''.
    (b) Cost-share payments
      Under the program, the Secretary shall make cost-share payments
    to landowners to develop upland wildlife, wetland wildlife,
    threatened and endangered species, fish, and other types of
    wildlife habitat approved by the Secretary.
    (c) Funding
      To carry out this section, a total of $50,000,000 shall be made
    available for fiscal years 1996 through 2002 from funds made
    available to carry out 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.).
 
-SOURCE-
    (Pub. L. 104-127, title III, Sec. 387, Apr. 4, 1996, 110 Stat.
    1020.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Food Security Act of 1985, referred to in subsec. (c), is
    Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended.
    Subchapter B of chapter 1 of subtitle D of title XII of the Act is
    classified generally to subpart B (Sec. 3831 et seq.) of part I of
    subchapter IV of this chapter.  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.
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Federal Agriculture
    Improvement and Reform Act of 1996, and not as part of title XII of
    the Food Security Act of 1985 which comprises this chapter.
 
-CITE-
    16 USC subpart c - wetlands reserve program                  01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve Program
    subpart c - wetlands reserve program
    .
 
-HEAD-
    subpart c - wetlands reserve program
 
-SECREF-
                   SUBPART REFERRED TO IN OTHER SECTIONS
      This subpart is referred to in sections 3830, 3835a, 3839bb,
    3841, 3843 of this title; title 7 section 6962.
 
-CITE-
    16 USC Sec. 3837                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve 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 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) Construction
          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.
    (c) Eligibility
      For purposes of enrolling land in the wetland reserve established
    under this subpart during the 1991 through 2002 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.
    (g) Easements
      The Secretary shall enroll lands in the wetland reserve through
    the purchase of easements as provided for in section 3837a of this
    title.
 
-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.)
 
-MISC1-
                                 AMENDMENTS
      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.''
 
-CITE-
    16 USC Sec. 3837a                                            01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve 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.
    (h) Restoration cost-share agreements
      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.
 
-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.)
 
-MISC1-
                                 AMENDMENTS
      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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 3837, 3837c of this
    title.
 
-CITE-
    16 USC Sec. 3837b                                            01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve 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.)
 
-CITE-
    16 USC Sec. 3837c                                            01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve 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) 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.)
 
-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.
 
-CITE-
    16 USC Sec. 3837d                                            01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve 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.
 
-MISC2-
                                 AMENDMENTS
      1998 - Subsec. (c)(1). Pub. L. 105-277 inserted ''or 30-year''
    after ''perpetual''.
 
-CITE-
    16 USC Sec. 3837e                                            01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve 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) 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 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.)
 
-CITE-
    16 USC Sec. 3837f                                            01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part I - Environmental Conservation Acreage Reserve 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.)
 
-CITE-
    16 USC Part II - Agricultural Water Quality Incentives       01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Agricultural Water Quality Incentives
    .
 
-HEAD-
    Part II - Agricultural Water Quality Incentives
 
-CITE-
    16 USC Sec. 3838 to 3838f                                    01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part II - Agricultural Water Quality Incentives
 
-HEAD-
    Sec. 3838 to 3838f. Repealed. Pub. L. 104-127, title III, Sec.
        336(h), Apr. 4, 1996, 110 Stat. 1007
 
-MISC1-
      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.
      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.
      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.
      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.
 
-CITE-
    16 USC Part III - Environmental Easement Program             01/23/00
 
-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
 
-SECREF-
                     PART REFERRED TO IN OTHER SECTIONS
      This part is referred to in sections 3839aa-2, 3843 of this
    title.
 
-CITE-
    16 USC Sec. 3839                                             01/23/00
 
-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.
 
-MISC2-
                                 AMENDMENTS
      1991 - Subsec. (b)(1)(A). Pub. L. 102-237 substituted a semicolon
    for comma after ''corridors''.
 
-CITE-
    16 USC Sec. 3839a                                            01/23/00
 
-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.)
 
-CITE-
    16 USC Sec. 3839b                                            01/23/00
 
-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.)
 
-CITE-
    16 USC Sec. 3839c                                            01/23/00
 
-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.
 
-CITE-
    16 USC Sec. 3839d                                            01/23/00
 
-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.)
 
-CITE-
    16 USC Part IV - Environmental Quality Incentives Program    01/23/00
 
-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
 
-SECREF-
                     PART REFERRED TO IN OTHER SECTIONS
      This part is referred to in sections 590h, 2106a, 3811, 3821,
    3830, 3839bb, 3841, 3843, 3862 of this title; title 7 sections
    1344, 1377, 1831a; title 43 section 1592.
 
-CITE-
    16 USC Sec. 3839aa                                           01/23/00
 
-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 -
        (1) combine into a single program the functions of -
          (A) the agricultural conservation program authorized by
        sections 590g and 590h of this title (as in effect before the
        amendments made by section 336(a)(1) of the Federal Agriculture
        Improvement and Reform Act of 1996);
          (B) the Great Plains conservation program established under
        section 590p(b) of this title (as in effect before the
        amendment made by section 336(b)(1) of the Federal Agriculture
        Improvement and Reform Act of 1996);
          (C) the water quality incentives program established under
        part II of this subchapter (as in effect before the amendment
        made by section 336(h) of the Federal Agriculture Improvement
        and Reform Act of 1996); and
          (D) the Colorado River Basin salinity control program
        established under section 1592(c) of title 43 (as in effect
        before the amendment made by section 336(c)(1) of the Federal
        Agriculture Improvement and Reform Act of 1996); and
        (2) carry out the single program in a manner that maximizes
      environmental benefits per dollar expended, and that provides -
          (A) flexible technical and financial assistance to farmers
        and ranchers that face the most serious threats to soil, water,
        and related natural resources, including grazing lands,
        wetlands, and wildlife habitat;
          (B) assistance to farmers and ranchers in complying with this
        chapter and Federal and State environmental laws, and
        encourages environmental enhancement;
          (C) assistance to farmers and ranchers in making 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; and
          (D) for the consolidation and simplification of the
        conservation planning process to reduce administrative burdens
        on producers.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240, as added Pub. L. 104-127,
    title III, Sec. 334, Apr. 4, 1996, 110 Stat. 996.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 336 of the Federal Agriculture Improvement and Reform Act
    of 1996, referred to in par. (1), is section 336 of Pub. L.
    104-127. Section 336(a)(1) amended sections 590h, 590k, 590n, and
    590o of this title, section 336(b)(1) repealed section 590p of this
    title, section 336(c)(1) amended section 1592 of Title 43, Public
    Lands, and section 336(h) repealed part II (Sec. 3838 et seq.) of
    this subchapter.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3839aa-7 of this title.
 
-CITE-
    16 USC Sec. 3839aa-1                                         01/23/00
 
-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) Eligible land
        The term ''eligible land'' means agricultural land (including
      cropland, rangeland, pasture, and other land on which crops or
      livestock are produced), including agricultural land that the
      Secretary determines poses a serious threat to soil, water, or
      related resources by reason of the soil types, terrain, climatic,
      soil, topographic, flood, or saline characteristics, or other
      factors or natural hazards.
      (2) 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, or other land management practice carried out on
      eligible land that the Secretary determines is needed to protect,
      in the most cost-effective manner, water, soil, or related
      resources from degradation.
      (3) Livestock
        The term ''livestock'' means dairy cattle, beef cattle, laying
      hens, broilers, turkeys, swine, sheep, and such other animals as
      determined by the Secretary.
      (4) Producer
        The term ''producer'' means a person who is engaged in
      livestock or agricultural production (as defined by the
      Secretary).
      (5) 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, 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. 104-127,
    title III, Sec. 334, Apr. 4, 1996, 110 Stat. 997.)
 
-CITE-
    16 USC Sec. 3839aa-2                                         01/23/00
 
-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 the 1996 through 2002 fiscal years, the Secretary shall
      provide technical assistance, cost-share payments, incentive
      payments, and education to producers, who enter into contracts
      with the Secretary, through an environmental quality incentives
      program in accordance with this part.
      (2) Eligible practices
        (A) Structural practices
          A producer who implements a structural practice shall be
        eligible for any combination of technical assistance,
        cost-share payments, and education.
        (B) Land management practices
          A producer who performs a land management practice shall be
        eligible for any combination of technical assistance, incentive
        payments, and education.
    (b) Application and term
      A contract between a producer and the Secretary under this part
    may -
        (1) apply to 1 or more structural practices or 1 or more land
      management practices, or both; and
        (2) have a term of not less than 5, nor more than 10, years, as
      determined appropriate by the Secretary, depending on the
      practice or practices that are the basis of the contract.
    (c) Structural practices
      (1) Offer selection process
        The Secretary shall, to the maximum extent practicable,
      establish a process for selecting applications for financial
      assistance if there are numerous applications for assistance for
      structural practices that would provide substantially the same
      level of environmental benefits.  The process shall be based on -
          (A) a reasonable estimate of the projected cost of the
        proposals and other factors identified by the Secretary for
        determining which applications will result in the least cost to
        the program authorized by this part; and
          (B) the priorities established under this subchapter and such
        other factors determined by the Secretary that maximize
        environmental benefits per dollar expended.
      (2) Concurrence of owner
        If the producer making an offer to implement a structural
      practice is a tenant of the land involved in agricultural
      production, for the offer to be acceptable, the producer shall
      obtain the concurrence of the owner of the land with respect to
      the offer.
    (d) Land management practices
      The Secretary shall establish an application and evaluation
    process for awarding technical assistance or incentive payments, or
    both, to a producer in exchange for the performance of 1 or more
    land management practices by the producer.
    (e) Cost-share payments, incentive payments, and technical
        assistance
      (1) Cost-share payments
        (A) In general
          The Federal share of cost-share payments to a producer
        proposing to implement 1 or more structural practices shall be
        not more than 75 percent of the projected cost of the practice,
        as determined by the Secretary, taking into consideration any
        payment received by the producer from a State or local
        government.
        (B) Limitation
          A producer who owns or operates a large confined livestock
        operation (as defined by the Secretary) shall not be eligible
        for cost-share payments to construct an animal waste management
        facility.
        (C) Other payments
          A producer shall not be eligible for cost-share payments for
        structural practices on eligible land under this part if the
        producer receives cost-share payments or other benefits for the
        same land under part I or III of this subchapter.
      (2) Incentive payments
        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.
      (3) Technical assistance
        (A) Funding
          The Secretary shall allocate funding under this part for the
        provision of technical assistance according to the purpose and
        projected cost for which the technical assistance is provided
        for a fiscal year.  The allocated amount may vary according to
        the type of expertise required, quantity of time involved, and
        other factors as determined appropriate by the Secretary.
        Funding shall not exceed the projected cost to the Secretary of
        the technical assistance provided for a fiscal year.
        (B) Other authorities
          The receipt of technical assistance under this part shall not
        affect the eligibility of the producer to receive technical
        assistance under other authorities of law available to the
        Secretary.
        (C) Private sources
          The Secretary shall ensure that the processes of writing and
        developing proposals and plans for contracts under this part,
        and of assisting in the implementation of structural practices
        and land management practices covered by the contracts, are
        open to individuals in agribusiness, including agricultural
        producers, representatives from agricultural cooperatives,
        agricultural input retail dealers, and certified crop
        advisers.  The requirements of this subparagraph shall also
        apply to any other conservation program of the Department of
        Agriculture that provides incentive payments, technical
        assistance, or cost-share payments.
    (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) Non-Federal assistance
      The Secretary may request the services of a State water quality
    agency, State fish and wildlife agency, State forestry agency, or
    any other governmental or private resource considered appropriate
    to assist in providing the technical assistance necessary for the
    development and implementation of a structural practice or land
    management practice.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240B, as added Pub. L. 104-127,
    title III, Sec. 334, Apr. 4, 1996, 110 Stat. 998.)
 
-CITE-
    16 USC Sec. 3839aa-3                                         01/23/00
 
-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 providing technical assistance, cost-share payments, and
    incentive payments to producers, the Secretary shall accord a
    higher priority to assistance and payments that -
        (1) are provided in conservation priority areas established
      under section 3830(c) of this title;
        (2) maximize environmental benefits per dollar expended; or
        (3) are provided in watersheds, regions, or conservation
      priority areas in which State or local governments have provided,
      or will provide, financial or technical assistance to producers
      for the same conservation or environmental purposes.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240C, as added Pub. L. 104-127,
    title III, Sec. 334, Apr. 4, 1996, 110 Stat. 1000.)
 
-CITE-
    16 USC Sec. 3839aa-4                                         01/23/00
 
-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 this part, a producer shall agree -
        (1) to implement an environmental quality incentives program
      plan that describes conservation and environmental goals to be
      achieved through a structural practice or land management
      practice, or both, that is approved by the Secretary;
        (2) not to conduct any practices on the farm or ranch that
      would tend to defeat the purposes of this part;
        (3) on the violation of a term or condition of the contract at
      any time the producer has control of the land, to refund any
      cost-share or incentive payment received with interest, and
      forfeit any future payments under this part, as determined by the
      Secretary;
        (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 this part, as determined by
      the Secretary;
        (5) to supply information as required by the Secretary to
      determine compliance with the environmental quality incentives
      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 environmental quality
      incentives program plan.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240D, as added Pub. L. 104-127,
    title III, Sec. 334, Apr. 4, 1996, 110 Stat. 1000.)
 
-CITE-
    16 USC Sec. 3839aa-5                                         01/23/00
 
-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 enter into a contract under the environmental
    quality incentives program, an owner or producer of a livestock or
    agricultural operation must submit to the Secretary for approval a
    plan of operations that incorporates such conservation practices,
    and is based on such principles, as the Secretary considers
    necessary to carry out the program, including a description of
    structural practices and land management practices to be
    implemented and the objectives to be met by the plan's
    implementation.
    (b) Avoidance of duplication
      The Secretary shall, to the maximum extent practicable, eliminate
    duplication of planning activities under the environmental quality
    incentives program and comparable conservation programs.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240E, as added Pub. L. 104-127,
    title III, Sec. 334, Apr. 4, 1996, 110 Stat. 1001.)
 
-CITE-
    16 USC Sec. 3839aa-6                                         01/23/00
 
-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 Secretary
 
-STATUTE-
      To the extent appropriate, the Secretary shall assist a producer
    in achieving the conservation and environmental goals of an
    environmental quality incentives program plan by -
        (1) providing an eligibility assessment of the farming or
      ranching operation of the producer as a basis for developing the
      plan;
        (2) providing technical assistance in developing and
      implementing the plan;
        (3) providing technical assistance, cost-share payments, or
      incentive payments for developing and implementing 1 or more
      structural practices or 1 or more land management practices, as
      appropriate;
        (4) providing the producer with information, education, and
      training to aid in implementation of the plan; and
        (5) encouraging the producer to obtain technical assistance,
      cost-share payments, or grants from other Federal, State, local,
      or private sources.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240F, as added Pub. L. 104-127,
    title III, Sec. 334, Apr. 4, 1996, 110 Stat. 1001.)
 
-CITE-
    16 USC Sec. 3839aa-7                                         01/23/00
 
-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-
    (a) In general
      The total amount of cost-share and incentive payments paid to a
    producer under this part may not exceed -
        (1) $10,000 for any fiscal year; or
        (2) $50,000 for any multiyear contract.
    (b) Exception to annual limit
      The Secretary may exceed the limitation on the annual amount of a
    payment under subsection (a)(1) of this section on a case-by-case
    basis if the Secretary determines that a larger payment is -
        (1) essential to accomplish the land management practice or
      structural practice for which the payment is made; and
        (2) consistent with the maximization of environmental benefits
      per dollar expended and the purposes of this part specified in
      section 3839aa of this title.
    (c) Timing of expenditures
      Expenditures under a contract entered into under this part during
    a fiscal year may not be made by the Secretary until the subsequent
    fiscal year.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240G, as added Pub. L. 104-127,
    title III, Sec. 334, Apr. 4, 1996, 110 Stat. 1001.)
 
-CITE-
    16 USC Sec. 3839aa-8                                         01/23/00
 
-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. Temporary administration of environmental quality
        incentives program
 
-STATUTE-
    (a) Interim administration
      (1) In general
        During the period beginning on April 4, 1996, and ending on the
      termination date provided under paragraph (2), to ensure that
      technical assistance, cost-share payments, and incentive payments
      continue to be administered in an orderly manner until such time
      as assistance can be provided through final regulations issued to
      implement the environmental quality incentives program
      established under this part, the Secretary shall continue to -
          (A) provide technical assistance, cost-share payments, and
        incentive payments under the terms and conditions of the
        agricultural conservation program, the Great Plains
        conservation program, the water quality incentives program, and
        the Colorado River Basin salinity control program, to the
        extent the terms and conditions of the program are consistent
        with the environmental quality incentives program; and
          (B) use for those purposes -
            (i) any funds remaining available for the agricultural
          conservation program, the Great Plains conservation program,
          the water quality incentives program, and the Colorado River
          Basin salinity control program; and
            (ii) as the Secretary determines to be necessary, any funds
          authorized to be used to carry out the environmental quality
          incentives program.
      (2) Termination of authority
        The authority of the Secretary to carry out paragraph (1) shall
      terminate on the date that is 180 days after April 4, 1996.
    (b) Permanent administration
      Effective beginning on the termination date provided under
    subsection (a)(2) of this section, the Secretary shall provide
    technical assistance, cost-share payments, and incentive payments
    for structural practices and land management practices related to
    crop and livestock production in accordance with final regulations
    issued to carry out the environmental quality incentives program.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1240H, as added Pub. L. 104-127,
    title III, Sec. 334, Apr. 4, 1996, 110 Stat. 1002.)
 
-CITE-
    16 USC Part V - Conservation Farm Option                     01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part V - Conservation Farm Option
    .
 
-HEAD-
    Part V - Conservation Farm Option
 
-CITE-
    16 USC Sec. 3839bb                                           01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
    Part V - Conservation Farm Option
 
-HEAD-
    Sec. 3839bb. Conservation farm option
 
-STATUTE-
    (a) In general
      The Secretary shall establish conservation farm option pilot
    programs for producers of wheat, feed grains, cotton, and rice.
    (b) Eligible owners and producers
      An owner or producer with a farm that has contract acreage
    enrolled in the agricultural market transition program established
    under the Agricultural Market Transition Act (7 U.S.C. 7201 et
    seq.) shall be eligible to participate in the conservation farm
    option offered under a pilot program under subsection (a) of this
    section if the owner or producer meets the conditions established
    under section (e) of this section.
    (c) Purposes
      The purposes of the conservation farm option pilot programs shall
    include -
        (1) conservation of soil, water, and related resources;
        (2) water quality protection or improvement;
        (3) wetland restoration, protection, and creation;
        (4) wildlife habitat development and protection; or
        (5) other similar conservation purposes.
    (d) Conservation farm plan
      (1) In general
        To be eligible to enter into a conservation farm option
      contract, an owner or producer must prepare and submit to the
      Secretary, for approval, a conservation farm plan that shall
      become a part of the conservation farm option contract.
      (2) Requirements
        A conservation farm plan shall -
          (A) describe the resource-conserving crop rotations, and all
        other conservation practices, to be implemented and maintained
        on the acreage that is subject to contract during the contract
        period;
          (B) contain a schedule for the implementation and maintenance
        of the practices described in the conservation farm plan;
          (C) comply with highly erodible land and wetland conservation
        requirements of this chapter; and
          (D) contain such other terms as the Secretary may require.
    (e) Contracts
      (1) In general
        On approval of a conservation farm plan, the Secretary may
      enter into a contract with the owner or producer that specifies
      the acres being enrolled and the practices being adopted.
      (2) Duration of contract
        The contract shall be for a period of 10 years.  The contract
      may be renewed for a period of not to exceed 5 years on mutual
      agreement of the Secretary and the owner or producer.
      (3) Consideration
        In exchange for payments under this subsection, the owner or
      producer shall not participate in and shall forgo payments under
      -
          (A) the conservation reserve program established under
        subpart B of part I of this subchapter;
          (B) the wetlands reserve program established under subpart C
        of part I of this subchapter; and
          (C) the environmental quality incentives program established
        under part IV of this subchapter.
      (4) Owner or producer responsibilities under the agreement
        Under the terms of the contract entered into under this
      section, an owner or producer shall agree to -
          (A) actively comply with the terms and conditions of the
        approved conservation farm plan;
          (B) keep such records as the Secretary may reasonably require
        for purposes of evaluation of the implementation of the
        conservation farm plan; and
          (C) not engage in any activity that would defeat the purposes
        of the conservation farm option pilot program.
      (5) Payments
        The Secretary shall offer an owner or producer annual payments
      under the contract that are equivalent to the payments the owner
      or producer would have received under the conservation reserve
      program, the wetlands reserve program, and the environmental
      quality incentives program.
      (6) Balance of benefits
        The Secretary shall not permit an owner or producer to
      terminate a conservation reserve program contract and enter a
      conservation farm option contract if the Secretary determines
      that such action will reduce net environmental benefits.
    (f) Secretarial determinations
      (1) Acreage estimates
        Prior to each year during which the Secretary intends to offer
      conservation reserve program contracts, the Secretary shall
      estimate the number of acres that -
          (A) will be retired under the conservation farm option under
        the terms and conditions the Secretary intends to offer for
        that program; and
          (B) would be retired under the conservation reserve program
        if the conservation farm option were not available.
      (2) Total land retirement
        The Secretary shall announce a number of acres to be enrolled
      in the conservation reserve program that will result in a total
      number of acres retired under the conservation reserve program
      and the conservation farm option that does not exceed the amount
      estimated under paragraph (1)(B) for the current or future years.
      (3) Limitation
        The Secretary shall not enroll additional conservation reserve
      program contracts to offset the land retired under the
      conservation farm option.
    (g) Commodity Credit Corporation
      The Secretary shall use the funds, authorities, and facilities of
    the Commodity Credit Corporation to carry out this subsection.
    (h) Funding
      Of the funds of the Commodity Credit Corporation, the Corporation
    shall make available to carry out this section -
        (1) $7,500,000 for fiscal year 1997;
        (2) $15,000,000 for fiscal year 1998;
        (3) $25,000,000 for fiscal year 1999;
        (4) $37,500,000 for fiscal year 2000;
        (5) $50,000,000 for fiscal year 2001; and
        (6) $62,500,000 for fiscal year 2002.
 
-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.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Agricultural Market Transition Act, referred to in subsec.
    (b), 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.
 
-CITE-
    16 USC SUBCHAPTER V - FUNDING AND ADMINISTRATION             01/23/00
 
-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 is 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.
 
-CITE-
    16 USC Sec. 3841                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER V - FUNDING AND ADMINISTRATION
 
-HEAD-
    Sec. 3841. Funding
 
-STATUTE-
    (a) Mandatory expenses
      For each of fiscal years 1996 through 2002, the Secretary shall
    use the funds of the Commodity Credit Corporation to carry out the
    programs authorized by -
        (1) subpart B of part I of subchapter IV of this chapter
      (including contracts extended by the Secretary pursuant to
      section 1437 of the Food, Agriculture, Conservation, and Trade
      Act of 1990 (Public Law 101-624; 16 U.S.C. 3831 note));
        (2) subpart C of part I of subchapter IV of this chapter; and
        (3) part IV of subchapter IV of this chapter.
    (b) Environmental quality incentives program
      (1) In general
        Of the funds of the Commodity Credit Corporation, the Secretary
      shall make available $130,000,000 for fiscal year 1996, and
      $200,000,000 for each of fiscal years 1997 through 2002, for
      providing technical assistance, cost-share payments, incentive
      payments, and education under the environmental quality
      incentives program under part IV of subchapter IV of this
      chapter.
      (2) Livestock production
        For each of fiscal years 1996 through 2002, 50 percent of the
      funding available for technical assistance, cost-share payments,
      incentive payments, and education under the environmental quality
      incentives program shall be targeted at practices relating to
      livestock production.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1241, as added Pub. L. 104-127,
    title III, Sec. 341, Apr. 4, 1996, 110 Stat. 1007.)
 
-MISC1-
                              PRIOR PROVISIONS
      A 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.
       AVAILABILITY OF FUNDS AFTER FISCAL YEAR 1987 FOR CONSERVATION
      RESERVE PROGRAM; SIGNUP AGREEMENT NOT TO REDUCE TOTAL PRODUCTION
                            BELOW NEEDED LEVELS
      Pub. L. 99-263, Mar. 24, 1986, 100 Stat. 59, which provided that
    after fiscal year 1987, funds available to Corporation could be
    used to carry out 16 U.S.C. 3841(a)(1), only to such extent or in
    such amounts as provided in advance in appropriations acts, that
    signup agreements should not reduce total production below certain
    levels, and that since by law proceeds from sales become available
    for use by Commodity Credit Corporation, such sales should reduce
    future appropriations, was repealed by Pub. L. 104-127, title III,
    Sec. 336(g), Apr. 4, 1996, 110 Stat. 1007, insofar as it related to
    availability of appropriations.
 
-CITE-
    16 USC Sec. 3842                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER V - FUNDING AND ADMINISTRATION
 
-HEAD-
    Sec. 3842. Use of other agencies
 
-STATUTE-
    (a) Committees
      In carrying out subchapters II, III, and IV of this chapter, the
    Secretary shall use the services of local, county, and State
    committees established under section 590h(b) of this title.
    (b) Other agencies
      (1) Use
        In carrying out subchapters III and IV of this chapter, the
      Secretary may utilize the services of the Natural Resources
      Conservation Service and the Forest Service, the Fish and
      Wildlife Service, State forestry agencies, State fish and game
      agencies, land-grant colleges, local, county, and State
      committees established under section 590h(b) of this title, soil
      and water conservation districts, and other appropriate agencies.
      (2) Consultation
        In carrying out subchapter IV of this chapter at the State and
      county levels, the Secretary shall consult with, to the extent
      practicable, the Fish and Wildlife Service, State forestry
      agencies, State fish and game agencies, land-grant colleges,
      soil-conservation districts, and other appropriate agencies.
 
-SOURCE-
    (Pub. L. 99-198, title XII, Sec. 1242, as added Pub. L. 104-127,
    title III, Sec. 341, Apr. 4, 1996, 110 Stat. 1008.)
 
-MISC1-
                              PRIOR PROVISIONS
      A 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.
 
-CITE-
    16 USC Sec. 3843                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
         PROGRAM
    SUBCHAPTER V - FUNDING AND ADMINISTRATION
 
-HEAD-
    Sec. 3843. Administration
 
-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.
 
-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.)
 
-MISC1-
                              PRIOR PROVISIONS
      Prior sections 3843 to 3845 were omitted in the general amendment
    of this subchapter by Pub. L. 104-127.
      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, related to administration of this
    chapter.
      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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3822 of this title.
 
-CITE-
    16 USC SUBCHAPTER VI - STATE TECHNICAL COMMITTEES            01/23/00
 
-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
 
-SECREF-
                  SUBCHAPTER REFERRED TO IN OTHER SECTIONS
      This subchapter is referred to in title 7 section 5831.
 
-CITE-
    16 USC Sec. 3861                                             01/23/00
 
-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).
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 3836a, 3862 of this
    title.
 
-CITE-
    16 USC Sec. 3862                                             01/23/00
 
-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 (FOOTNOTE 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.
       (FOOTNOTE 1) See References in Text note below.
      (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.
 
-MISC2-
                                 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.)).''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3861 of this title.


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