SUBCHAPTER IV—AGRICULTURAL RESOURCES CONSERVATION PROGRAM
Part I—Comprehensive Conservation Enhancement Program
subpart a—general provisions
§3830. Repealed. Pub. L. 113–79, title II, §2701, Feb. 7, 2014, 128 Stat. 766
Section,
Statutory Notes and Related Subsidiaries
Conservation Assistance
Farmland Protection Program
[
§3830a. Repealed. Pub. L. 107–171, title I, §1613(j)(3), title II, §2006(c), May 13, 2002, 116 Stat. 221 , 237
Section,
subpart b—conservation reserve
Editorial Notes
Codification
Subchapter B of
§3831. Conservation reserve
(a) In general
Through the 2023 fiscal year, the Secretary shall formulate and carry out a conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve and improve the soil, water, and wildlife resources of such land and to address issues raised by State, regional, and national conservation initiatives.
(b) Eligible land
The Secretary may include in the program established under this subpart—
(1) highly erodible cropland that—
(A)(i) if permitted to remain untreated could substantially reduce the agricultural production capability for future generations; or
(ii) cannot be farmed in accordance with a plan that complies with the requirements of subchapter II; and
(B) the Secretary determines had a cropping history or was considered to be planted for 4 of the 6 years preceding December 20, 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program;
(2) marginal pasture land to be devoted to appropriate vegetation, including trees, in or near riparian areas, or devoted to similar water quality purposes (including marginal pastureland converted to wetland or established as wildlife habitat);
(3) grasslands that—
(A) contain forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;
(B) are located in an area historically dominated by grasslands; and
(C) could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition;
(4) cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and will be devoted to—
(A) a grass sod waterway;
(B) a contour grass sod strip;
(C) a prairie strip;
(D) a filterstrip;
(E) a riparian buffer;
(F) a wetland or a wetland buffer;
(G) a saturated buffer;
(H) a bioreactor; or
(I) another similar water quality practice, as determined by the Secretary;
(5) cropland that is otherwise ineligible if the Secretary determines that—
(A) if permitted to remain in agricultural production, the land would—
(i) contribute to the degradation of soil, water, or air quality; or
(ii) pose an on-site or off-site environmental threat to soil, water, or air quality;
(B) the land is a—
(i) newly-created, permanent grass sod waterway; or
(ii) a contour grass sod strip established and maintained as part of an approved conservation plan;
(C) the land will be devoted to newly established living snow fences, permanent wildlife habitat, windbreaks, shelterbelts, salt tolerant vegetation, field borders, or practices to benefit State or federally identified wellhead protection areas;
(D) the land poses an off-farm environmental threat, or a threat of continued degradation of productivity due to soil salinity, if permitted to remain in production; or
(E) enrollment of the land would facilitate a net savings in groundwater or surface water resources of the agricultural operation of the producer;
(6) the portion of land in a field not enrolled in the conservation reserve in a case in which—
(A) more than 50 percent of the land in the field is enrolled as a buffer or filterstrip, or more than 75 percent of the land in the field is enrolled as a conservation practice other than as a buffer or filterstrip; and
(B) the remainder of the field is—
(i) infeasible to farm; and
(ii) enrolled at regular rental rates; or
(7) as determined by the Secretary, land—
(A) that was enrolled in the conservation reserve program under a 15-year contract that expired on September 30, 2017, or September 30, 2018;
(B) for which there was no opportunity for additional enrollment in that program; and
(C) on which the conservation practice under the expired contract under subparagraph (A) is maintained.
(c) Planting status of certain land
For purposes of determining the eligibility of land to be placed in the conservation reserve established under this subpart, land shall be considered to be planted to an agricultural commodity during a crop year if, during the crop year, the land was devoted to a conserving use.
(d) Enrollment
(1) Maximum acreage enrolled
The Secretary may maintain in the conservation reserve at any one time during—
(A) fiscal year 2019, not more than 24,000,000 acres;
(B) fiscal year 2020, not more than 24,500,000 acres;
(C) fiscal year 2021, not more than 25,000,000 acres;
(D) fiscal year 2022, not more than 25,500,000 acres; and
(E) fiscal year 2023, not more than 27,000,000 acres.
(2) Grasslands
(A) Limitation
For purposes of applying the limitations in paragraph (1)—
(i) the Secretary shall enroll and maintain in the conservation reserve not fewer than 2,000,000 acres of the land described in subsection (b)(3) by September 30, 2023; and
(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
(I) fiscal year 2019, 1,000,000 acres;
(II) fiscal year 2020, 1,500,000 acres; and
(III) fiscal years 2021 through 2023, 2,000,000 acres.
(B) Priority
In enrolling acres under subparagraph (A), the Secretary may give priority to land, as determined by the Secretary—
(i) with expiring conservation reserve contracts;
(ii) at risk of conversion or development; or
(iii) of ecological significance, including land that—
(I) may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 (
(II) may assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973 (
(III) improves or creates wildlife habitat corridors.
(C) Method of enrollment
(i) In general
In enrolling acres under subparagraph (A), the Secretary shall make the program available to owners or operators of eligible land on an annual enrollment basis with one or more ranking periods.
(ii) Timing of grassland ranking period
For purposes of grasslands described in subsection (b)(3), the Secretary shall announce at least 1 ranking period subsequent to the announcement of general enrollment offers.
(D) Reservation of unenrolled acres
If the Secretary is unable in a fiscal year to enroll enough acres of land described in subsection (b)(3) to meet the number of acres described in clause (ii) or (iii) 1 of subparagraph (A) for the fiscal year—
(i) the Secretary shall reserve the remaining number of acres for that fiscal year for the enrollment of land described in subsection (b)(3); and
(ii) that number of acres shall not be available for the enrollment of any other type of eligible land.
(3) Water quality practices to foster clean lakes, estuaries, and rivers (clear initiative)
(A) In general
The Secretary shall give priority within continuous enrollment under paragraph (6) to the enrollment of land described in subsection (b)(4).
(B) Sediment and nutrient loadings
In carrying out subparagraph (A), the Secretary shall give priority to the implementation of practices on land that, if enrolled, will help reduce sediment loadings, nutrient loadings, and harmful algal blooms, as determined by the Secretary.
(C) Acreage
(i) In general
Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 40 percent of acres enrolled in the conservation reserve using continuous enrollment under paragraph (6) shall be of land described in subsection (b)(4).
(ii) Limitation
The acres described in clause (i) shall not include grasslands described in subsection (b)(3).
(D) Report
The Secretary shall—
(i) in the monthly publication of the Secretary describing conservation reserve program statistics, include a description of enrollments through the priority under this paragraph; and
(ii) publish on the website of the Farm Service Agency an annual report describing a summary of, with respect to the enrollment priority under this paragraph—
(I) new enrollments;
(II) expirations;
(III) geographic distribution; and
(IV) estimated water quality benefits.
(4) State enrollment rates
At the beginning of each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall allocate to the States proportionately 60 percent of the available number of acres each year for enrollment in the conservation reserve, in accordance with historical State enrollment rates, taking into consideration—
(A) the average number of acres of all land enrolled in the conservation reserve in each State during each of fiscal years 2007 through 2016;
(B) the average number of acres of all land enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and
(C) the acres available for enrollment during each of fiscal years 2019 through 2023, excluding acres described in paragraph (2).
(5) Frequency
In carrying out this subpart, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup and enrollment not less often than once each year.
(6) Continuous enrollment procedure
(A) In general
To the maximum extent practicable, the Secretary shall allow producers to submit applications on a continuous basis for enrollment in—
(i) the conservation reserve of—
(I) marginal pasture land described in subsection (b)(2);
(II) land described in subsection (b)(4); and
(III) cropland described in subsection (b)(5); and
(ii) the conservation reserve enhancement program under
(B) Limitation
For purposes of applying the limitations in paragraph (1)—
(i) the Secretary shall, to the maximum extent practicable, enroll and maintain not fewer than 8,600,000 acres of land under subparagraph (A) by September 30, 2023; and
(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
(I) fiscal year 2019, 8,000,000 acres;
(II) fiscal year 2020, 8,250,000 acres;
(III) fiscal year 2021, 8,500,000 acres; and
(IV) fiscal years 2022 and 2023, 8,600,000 acres.
(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) Special rule for certain land
In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subpart, the owner or operator of the land may, within the limitations prescribed under paragraph (1), specify the duration of the contract.
(f) Conservation priority areas
(1) Designation
On application by the appropriate State agency, the Secretary shall designate areas of special environmental sensitivity as conservation priority areas.
(2) Eligible areas
Areas 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 an area's designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.
(4) Duty of Secretary
In carrying out this subsection, the Secretary shall attempt to maximize water quality and habitat benefits in the watersheds described in paragraph (1) by promoting a significant level of enrollment of land within the watersheds in the program under this subpart by whatever means the Secretary determines are appropriate and consistent with the purposes of this subpart.
(g) Multi-year grasses and legumes
(1) In general
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.
(2) Cropping history
Alfalfa, when grown as part of a rotation practice, as determined by the Secretary, is an agricultural commodity subject to the cropping history criteria under subsection (b)(1)(B) for the purpose of determining whether highly erodible cropland has been planted or considered planted for 4 of the 6 years referred to in such subsection.
(h) Eligibility for consideration
(1) In general
On the expiration of a contract entered into under this subpart, the land subject to the contract shall be eligible to be considered for reenrollment in the conservation reserve.
(2) Reenrollment limitation for certain land
(A) In general
Except as provided in subparagraph (B), land subject to a contract entered into under this subpart shall be eligible for only one reenrollment in the conservation reserve under paragraph (1) if the land is devoted to hardwood trees.
(B) Exclusions
Subparagraph (A) shall not apply to—
(i) riparian forested buffers;
(ii) forested wetlands enrolled under subsection (d)(3) or the conservation reserve enhancement program under
(iii) shelterbelts.
(i) Balance of natural resource purposes
In determining the acceptability of contract offers under this subpart, the Secretary shall ensure, to the maximum extent practicable, an equitable balance among the conservation purposes of soil erosion, water quality, and wildlife habitat.
(
Editorial Notes
References in Text
The Endangered Species Act of 1973, referred to in subsec. (d)(2)(B)(iii)(I), (II), is
Codification
Prior Provisions
A prior section 3831,
Amendments
2018—Subsec. (a).
Subsec. (b)(1)(B).
Subsec. (b)(4).
Subsec (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (d)(1).
"(A) fiscal year 2014, no more than 27,500,000 acres;
"(B) fiscal year 2015, no more than 26,000,000 acres;
"(C) fiscal year 2016, no more than 25,000,000 acres;
"(D) fiscal year 2017, no more than 24,000,000 acres; and
"(E) fiscal year 2018, no more than 24,000,000 acres."
Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
Subsec. (d)(2)(C).
Subsec. (d)(2)(D).
Subsec. (d)(3) to (6).
Subsec. (h).
2014—Subsec. (a).
Subsec. (b)(1)(B).
Subsec. (b)(2), (3).
Subsec. (b)(4)(C).
Subsec. (b)(5).
"(A) the land is enrolled as part of the buffer; and
"(B) the remainder of the field is—
"(i) infeasible to farm; and
"(ii) enrolled at regular rental rates."
Subsec. (c).
"(1) during the crop year, the land was devoted to a conserving use; or
"(2)(A) during the crop year or during any of the 2 years preceding the crop year, the land was enrolled in the water bank program; and
"(B) the contract of the owner or operator of the cropland expired or will expire in calendar year 2000, 2001, or 2002."
Subsec. (d).
Subsec. (e)(2), (3).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(3).
"(A) on application by the appropriate State agency; or
"(B) in the case of an area covered by this subsection, if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities."
2013—Subsec. (d).
2008—Subsec. (a).
Subsec. (b)(1)(B).
Subsec. (b)(4)(C) to (E).
Subsec. (d).
Subsec. (f)(1).
Subsec. (g).
Subsecs. (h) to (j).
Subsec. (k).
2007—Subsec. (k)(2).
2006—Subsec. (k)(3)(G).
2005—Subsec. (k).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Regulations
Eligible Land; State Law Requirements
Effect on Existing Contracts
"(a)
"(b)
Study on Economic Effects
Study of Impact of Pilot Program
Study of Land Use for Expiring Contracts and Extension of Authority
Existing Conservation Programs
1 So in original. There is no cl. (iii) of subpar. (A).
§3831a. Conservation reserve enhancement program
(a) Definitions
In this section:
(1) CREP
The term "CREP" means a conservation reserve enhancement program carried out under subsection (b)(1).
(2) Eligible land
The term "eligible land" means land that is eligible to be included in the program established under this subpart.
(3) Eligible partner
The term "eligible partner" means—
(A) a State;
(B) a political subdivision of a State;
(C) an Indian tribe (as defined in
(D) a nongovernmental organization.
(4) Management
The term "management" means an activity conducted by an owner or operator under a contract entered into under this subpart after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice—
(A) throughout the term of the contract; and
(B) consistent with the conservation plan that covers the eligible land.
(b) Agreements
(1) In general
The Secretary may enter into an agreement with an eligible partner to carry out a conservation reserve enhancement program—
(A) to assist in enrolling eligible land in the program established under this subpart; and
(B) that the Secretary determines will advance the purposes of this subpart.
(2) Contents
An agreement entered into under paragraph (1) shall—
(A) describe—
(i) 1 or more specific State or nationally significant conservation concerns to be addressed by the agreement;
(ii) quantifiable environmental goals for addressing the concerns under clause (i);
(iii) a suitable acreage goal for enrollment of eligible land under the agreement, as determined by the Secretary;
(iv) the location of eligible land to be enrolled in the project area identified under the agreement;
(v) the payments to be offered by the Secretary and eligible partner to an owner or operator; and
(vi) an appropriate list of conservation reserve program conservation practices that are appropriate to meeting the concerns described under clause (i), as determined by the Secretary in consultation with eligible partners;
(B) subject to subparagraph (C), require the eligible partner to provide matching funds—
(i) in an amount determined during a negotiation between the Secretary and 1 or more eligible partners, if the majority of the matching funds to carry out the agreement are provided by 1 or more eligible partners that are not nongovernmental organizations; or
(ii) in an amount not less than 30 percent of the cost required to carry out the conservation measures and practices described in the agreement, if a majority of the matching funds to carry out the agreement are provided by 1 or more nongovernmental organizations; and
(C) include procedures to allow for a temporary waiver of the matching requirements under subparagraph (B), or continued enrollment with a temporary suspension of incentives or eligible partner contributions for new agreements, during a period when an eligible partner loses the authority or ability to provide matching contributions, if the Secretary determines that the temporary waiver or continued enrollment with a temporary suspension will advance the purposes of this subpart.
(3) Effect on existing agreements
(A) In general
Subject to subparagraph (B), an agreement under this subsection shall not affect, modify, or interfere with existing agreements under this subpart.
(B) Modification of existing agreements
To implement this section, the signatories to an agreement under this subsection may mutually agree to a modification of an agreement entered into before December 20, 2018, under the Conservation Reserve Enhancement Program established by the Secretary under this subpart.
(c) Payments
(1) Matching requirement
Funds provided by an eligible partner may be in cash, in-kind contributions, or technical assistance, as determined by the Secretary.
(2) Marginal pastureland cost-share payments
The Secretary shall ensure that cost-share payments to an owner or operator to install stream fencing, crossings, and alternative water development on marginal pastureland under a CREP reflect the fair market value of the cost of installation.
(3) Cost-share and practice incentive payments
(A) In general
On request of an owner or operator, the Secretary shall provide cost-share payments when a major component of a conservation practice is completed under a CREP, as determined by the Secretary.
(B) Exemption
For purposes of implementing conservation practices on land enrolled under a CREP, the Secretary may waive the contribution limitation described in
(4) Riparian buffer management payments
(A) In general
In the case of an agreement under subsection (b)(1) that includes riparian buffers as an eligible practice, the Secretary shall make cost-share payments to encourage the regular management of the riparian buffer throughout the term of the agreement, consistent with the conservation plan that covers the eligible land.
(B) Limitation
The amount of payments received by an owner or operator under subparagraph (A) shall not be greater than 100 percent of the normal and customary projected management cost, as determined by the Secretary, in consultation with the applicable State technical committee established under
(d) Forested riparian buffer practice
(1) Food-producing woody plants
In the case of an agreement under subsection (b)(1) that includes forested riparian buffers as an eligible practice, the Secretary shall allow an owner or operator—
(A) to plant food-producing woody plants in the forested riparian buffers, on the conditions that—
(i) the plants shall contribute to the conservation of soil, water quality, and wildlife habitat; and
(ii) the planting shall be consistent with—
(I) recommendations of the applicable State technical committee established under
(II) technical guide standards of the applicable field office of the Natural Resources Conservation Service; and
(B) to harvest from plants described in subparagraph (A), on the conditions that—
(i) the harvesting shall not damage the conserving cover or otherwise have a negative impact on the conservation concerns targeted by the CREP;
(ii) only native plant species appropriate to the region shall be used within 35 feet of the watercourse; and
(iii) the producer shall be subject to a reduction in the rental rate commensurate to the value of the crop harvested.
(2) Technical assistance
For the purpose of enrolling forested riparian buffers in a CREP, the Administrator of the Farm Service Agency shall coordinate with the applicable State forestry agency.
(e) Drought and water conservation agreements
In the case of an agreement under subsection (b)(1) to address regional drought concerns, in accordance with the conservation purposes of the CREP, the Secretary, in consultation with the applicable State technical committee established under
(1) notwithstanding subsection (a)(2), enroll other agricultural land on which the resource concerns identified in the agreement can be addressed if the enrollment of the land is critical to the accomplishment of the purposes of the agreement;
(2) permit dryland agricultural uses with the adoption of best management practices on enrolled land if the agreement involves the significant long-term reduction of consumptive water use and dryland production is compatible with the agreement; and
(3) calculate annual rental payments consistent with existing administrative practice for similar drought and water conservation agreements under this subchapter and ensure regional consistency in those rates.
(f) Status report
Not later than 180 days after the end of each fiscal year, the Secretary shall submit to Congress a report that describes, with respect to each agreement entered into under subsection (b)(1)—
(1) the status of the agreement;
(2) the purposes and objectives of the agreement;
(3) the Federal and eligible partner commitments made under the agreement; and
(4) the progress made in fulfilling those commitments.
(
Editorial Notes
Prior Provisions
A prior section 3831a,
Statutory Notes and Related Subsidiaries
Repeal of Former Section 3831a; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
§3831b. Farmable wetland program
(a) Program required
(1) In general
During the 2008 through 2023 fiscal years, the Secretary shall carry out a farmable wetland program in each State under which the Secretary shall enroll eligible acreage described in subsection (b).
(2) Participation among States
The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each State have an equitable opportunity to participate in the program established under this section.
(b) Eligible acreage
(1) Wetland and related land
Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, land—
(A) that is wetland (including a converted wetland described in
(B) on which a constructed wetland is to be developed that will receive surface and subsurface flow from row crop agricultural production and is designed to provide nitrogen removal in addition to other wetland functions;
(C) that was devoted to commercial pond-raised aquaculture in any year during the period of calendar years 2002 through 2007; or
(D) that, after January 1, 1990, and before December 31, 2002, was—
(i) cropped during at least 3 of 10 crop years; and
(ii) subject to the natural overflow of a prairie wetland.
(2) Buffer acreage
Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, buffer acreage that—
(A) with respect to land described in subparagraph (A), (B), or (C) of paragraph (1)—
(i) is contiguous to such land;
(ii) is used to protect such land; and
(iii) is of such width as the Secretary determines is necessary to protect such land, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds such land; and
(B) with respect to land described in subparagraph (D) of paragraph (1), enhances a wildlife benefit to the extent practicable in terms of upland to wetland ratios, as determined by the Secretary.
(c) Program limitations
(1) Acreage limitation
The Secretary may enroll in the conservation reserve, pursuant to the program established under this section, not more than—
(A) 100,000 acres in any State; and
(B) a total of 750,000 acres.
(2) Relationship to maximum enrollment
Subject to paragraph (3), any acreage enrolled in the conservation reserve under this section shall be considered acres maintained in the conservation reserve.
(3) Relationship to other enrolled acreage
Acreage enrolled in the conservation reserve under this section shall not affect for any fiscal year the quantity of—
(A) acreage enrolled to establish conservation buffers as part of the program announced on March 24, 1998 (63 Fed. Reg. 14109); or
(B) acreage enrolled into the conservation reserve enhancement program announced on May 27, 1998 (63 Fed. Reg. 28965).
(4) Review; potential increase in enrollment acreage
The Secretary shall conduct a review of the program established under this section with respect to each State that has enrolled land in the conservation reserve pursuant to the program. As a result of the review, the Secretary may increase the number of acres that may be enrolled in a State under the program to not more than 200,000 acres, notwithstanding paragraph (1)(A).
(d) Owner or operator enrollment limitations
(1) Wetland and related land
(A) Wetlands and constructed wetlands
The maximum size of any land described in subparagraph (A) or (B) of subsection (b)(1) that an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 40 contiguous acres.
(B) Flooded farmland
The maximum size of any land described in subparagraph (D) of subsection (b)(1) that an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 20 contiguous acres.
(C) Coverage
All acres described in subparagraph (A) or (B), including acres that are ineligible for payment, shall be covered by the conservation contract.
(2) Buffer acreage
The maximum size of any buffer acreage described in subsection (b)(2) that an owner or operator may enroll in the conservation reserve under this section shall be determined by the Secretary in consultation with the State Technical Committee.
(3) Tracts
Except for land described in subsection (b)(1)(C) and buffer acreage related to such land, the maximum size of any eligible acreage described in subsection (b)(1) in a tract of an owner or operator enrolled in the conservation reserve under this section shall be 40 acres.
(e) Duties of owners and operators
During the term of a contract entered into under the program established under this section, an owner or operator shall agree—
(1) to restore the hydrology of the wetland within the eligible acreage to the maximum extent practicable, as determined by the Secretary;
(2) to establish vegetative cover (which may include emerging vegetation in water and bottomland hardwoods, cypress, and other appropriate tree species) on the eligible acreage, as determined by the Secretary;
(3) to a general prohibition of commercial use of the enrolled land; and
(4) to carry out other duties described in
(f) Duties of the Secretary
(1) In general
Except as provided in paragraphs (2) and (3), in return for a contract entered into under this section, the Secretary shall—
(A) make payments to the owner or operator based on rental rates for cropland; and
(B) provide assistance to the owner or operator in accordance with
(2) Contract offers and payments
The Secretary shall use the method of determination described in
(3) Incentives
The amounts payable to owners and operators in the form of rental payments under contracts entered into under this section shall reflect incentives that are provided to owners and operators to enroll filterstrips in the conservation reserve under
(
Editorial Notes
Codification
Prior Provisions
Provisions similar to those comprising this section were contained in
Amendments
2018—Subsec. (a)(1).
Subsec. (b)(2)(A)(i).
Subsec. (f)(2).
2014—
Subsec. (a)(1).
Subsec. (b)(1)(B).
Subsec. (c)(1)(B).
Subsec. (f)(2).
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this section and repeal of
§3831c. Pilot programs
(a) CLEAR 30
(1) In general
(A) Enrollment
The Secretary shall establish a pilot program to enroll land in the conservation reserve program through a 30-year conservation reserve contract (referred to in this subsection as a "CLEAR 30 contract") in accordance with this subsection.
(B) Inclusion of acreage limitation
For purposes of applying the limitations in
(2) Expired conservation contract election
(A) Definition of covered contract
In this paragraph, the term "covered contract" means a contract entered into under this subpart that—
(i) expires on or after December 20, 2018; and
(ii) covers land enrolled in the conservation reserve program under the clean lakes, estuaries, and rivers priority described in
(B) Election
On the expiration of a covered contract, an owner or operator party to the covered contract shall elect—
(i) not to reenroll the land under the contract;
(ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or
(iii) not to reenroll the land under the contract and to enroll that land through a CLEAR 30 contract under this subsection.
(3) Eligible land
Only land that is subject to an expired covered contract shall be eligible for enrollment through a CLEAR 30 contract under this subsection.
(4) Term
The term of a CLEAR 30 contract shall be 30 years.
(5) Agreements
To be eligible to enroll land in the conservation reserve program through a CLEAR 30 contract, the owner of the land shall enter into an agreement with the Secretary—
(A) to implement a conservation reserve plan developed for the land;
(B) to comply with the terms and conditions of the contract and any related agreements; and
(C) to temporarily suspend the base history for the land covered by the contract.
(6) Terms and conditions of CLEAR 30 contracts
(A) In general
A CLEAR 30 contract shall include terms and conditions that—
(i) permit—
(I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and
(II) owners to control public access on the land while identifying access routes to be used for restoration activities and management and contract monitoring;
(ii) prohibit—
(I) the alteration of wildlife habitat and other natural features of the land, unless specifically authorized by the Secretary as part of the conservation reserve plan;
(II) the spraying of the land with chemicals or the mowing of the land, except where the spraying or mowing is authorized by the Secretary or is necessary—
(aa) to comply with Federal or State noxious weed control laws;
(bb) to comply with a Federal or State emergency pest treatment program; or
(cc) to meet habitat needs of specific wildlife species;
(III) any activity to be carried out on the land of the owner or successor that is immediately adjacent to, and functionally related to, the land that is subject to the contract if the activity will alter, degrade, or otherwise diminish the functional value of the land; and
(IV) the adoption of any other practice that would tend to defeat the purposes of the conservation reserve program, as determined by the Secretary; and
(iii) include any additional provision that the Secretary determines is appropriate to carry out this section or facilitate the practical administration of this section.
(B) Violation
On the violation of a term or condition of a CLEAR 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary.
(C) Compatible uses
Land subject to a CLEAR 30 contract may be used for compatible economic uses, including hunting and fishing, managed timber harvest, or periodic haying or grazing, if the use—
(i) is specifically permitted by the conservation reserve plan developed for the land; and
(ii) is consistent with the long-term protection and enhancement of the conservation resources for which the contract was established.
(7) Compensation
(A) Amount of payments
The Secretary shall provide payment under this subsection to an owner of land enrolled through a CLEAR 30 contract using 30 annual payments in an amount equal to the amount that would be used if the land were to be enrolled in the conservation reserve program under
(B) Form of payment
Compensation for a CLEAR 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A).
(C) Timing
The Secretary shall provide any annual payment obligation under subparagraph (A) as early as practicable in each fiscal year.
(D) Payments to others
The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section—
(i) dies;
(ii) becomes incompetent;
(iii) is succeeded by another person or entity who renders or completes the required performance; or
(iv) is otherwise unable to receive the payment.
(8) Technical assistance
(A) In general
The Secretary shall assist owners in complying with the terms and conditions of a CLEAR 30 contract.
(B) Contracts or agreements
The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a CLEAR 30 contract if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program.
(9) Administration
(A) Conservation reserve plan
The Secretary shall develop a conservation reserve plan for any land subject to a CLEAR 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land.
(B) Delegation of contract administration
(i) Federal, State, or local government agencies
The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this subsection to other Federal, State, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities.
(ii) Conservation organizations
The Secretary may delegate any management responsibilities of the Secretary under this subsection to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources.
(b) Soil health and income protection pilot program
(1) Definition of eligible land
In this subsection:
(A) In general
The term "eligible land" means cropland that—
(i) is selected by the owner or operator of the land for proposed enrollment in the pilot program under this subsection; and
(ii) as determined by the Secretary—
(I) is located within 1 or more States that are part of the prairie pothole region, as selected by the Secretary based on consultation with State Committees of the Farm Service Agency and State technical committees established under
(II) had a cropping history or was considered to be planted during each of the 3 crop years preceding enrollment; and
(III) is verified to be less-productive land, as compared to other land on the applicable farm.
(B) Exclusion
The term "eligible land" does not include any land that was enrolled in a conservation reserve program contract in any of the 3 crop years preceding enrollment in the pilot program under this subsection.
(2) Establishment
(A) In general
The Secretary shall establish a voluntary soil health and income protection pilot program under which eligible land is enrolled through the use of contracts to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land.
(B) Deadline for participation
Eligible land may be enrolled in the program under this section through December 31, 2020.1
(3) Contracts
(A) Requirements
A contract described in paragraph (2) shall—
(i) be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and
(ii) provide that, during the term of the contract—
(I) the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land;
(II) except as provided in subparagraph (E), the owner or operator of the eligible land shall pay the cost of planting the conserving use cover crop under subclause (I);
(III) subject to subparagraph (F), the eligible land may be harvested for seed, hayed, or grazed outside the primary nesting season established for the applicable county;
(IV) the eligible land may be eligible for a walk-in access program of the applicable State, if any; and
(V) a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover.
(B) Payments
Except as provided in subparagraphs (E) and (F)(ii)(II), the annual rental rate for a payment under a contract described in paragraph (2) shall be equal to 50 percent of the average rental rate for the applicable county under
(C) Limitation on enrolled land
Not more than 15 percent of the eligible land on a farm may be enrolled in the pilot program under this subsection.
(D) Term
(i) In general
Except as provided in clause (ii), each contract described in paragraph (2) shall be for a term of 3, 4, or 5 years, as determined by the parties to the contract.
(ii) Early termination
(I) Secretary
The Secretary may terminate a contract described in paragraph (2) before the end of the term described in clause (i) if the Secretary determines that the early termination of the contract is necessary.
(II) Owners and operators
An owner and (if applicable) an operator of eligible land enrolled in the pilot program under this subsection may terminate a contract described in paragraph (2) before the end of the term described in clause (i) if the owner and (if applicable) the operator pay to the Secretary an amount equal to the amount of rental payments received under the contract.
(E) Beginning, limited resource, socially disadvantaged, or veteran farmers and ranchers
With respect to a beginning, limited resource, socially disadvantaged, or veteran farmer or rancher, as determined by the Secretary—
(i) a contract described in paragraph (2) shall provide that, during the term of the contract, of the actual cost of establishment of the conserving use cover crop under subparagraph (A)(ii)(I)—
(I) using the funds of the Commodity Credit Corporation, the Secretary shall pay 50 percent; and
(II) the beginning, limited resource, socially disadvantaged, or veteran farmer or rancher shall pay 50 percent; and
(ii) the annual rental rate for a payment under a contract described in paragraph (2) shall be equal to 75 percent of the average rental rate for the applicable county under
(F) Harvesting, haying, and grazing outside applicable period
The harvesting for seed, haying, or grazing of eligible land under subparagraph (A)(ii)(III) outside of the primary nesting season established for the applicable county shall be subject to the conditions that—
(i) with respect to eligible land that is so hayed or grazed, adequate stubble height shall be maintained to protect the soil on the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee; and
(ii) with respect to eligible land that is so harvested for seed—
(I) the eligible land shall not be eligible to be insured or reinsured under the Federal Crop Insurance Act (
(II) the rental payment otherwise applicable to the eligible land under this subsection shall be reduced by 25 percent.
(4) Acreage limitation
Of the number of acres available for enrollment in the conservation reserve under
(5) Report
The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report describing the eligible land enrolled in the pilot program under this subsection, including—
(A) the estimated conservation value of the land; and
(B) estimated savings from reduced commodity payments, crop insurance indemnities, and crop insurance premium subsidies.
(
Editorial Notes
References in Text
The Federal Crop Insurance Act, referred to in subsec. (b)(3)(F)(ii)(I), is subtitle A of title V of act Feb. 16, 1938, ch. 30,
Statutory Notes and Related Subsidiaries
Soil Health and Income Protection Pilot Program Extension
1 See Soil Health and Income Protection Pilot Program Extension note below.
§3832. Duties of owners and operators
(a) In general
Under the terms of a contract entered into under this subpart, during the term of the contract, an owner or operator of a farm or ranch shall agree—
(1) to implement a plan approved by the local conservation district (or in an area not located within a conservation district, a plan approved by the Secretary) for converting eligible land normally devoted to the production of an agricultural commodity on the farm or ranch to a less intensive use (as defined by the Secretary), such as pasture, permanent grass, legumes, forbs, shrubs, or trees, substantially in accordance with a schedule outlined in the plan;
(2) to place highly erodible cropland subject to the contract in the conservation reserve established under this subpart;
(3) not to use the land for agricultural purposes, except as permitted by the Secretary;
(4) to establish approved vegetative cover (which may include emerging vegetation in water), water cover for the enhancement of wildlife, or, where practicable, maintain existing cover on the land, except that—
(A) the water cover shall not include ponds for the purpose of watering livestock, irrigating crops, or raising fish for commercial purposes; and
(B) the Secretary shall not terminate the contract for failure to establish approved vegetative or water cover on the land if—
(i) the failure to plant the cover was due to excessive rainfall or flooding;
(ii) the land subject to the contract that could practicably be planted to the cover is planted to the cover; and
(iii) the land on which the owner or operator was unable to plant the cover is planted to the cover after the wet conditions that prevented the planting subsides;
(5) to undertake management on the land as needed throughout the term of the contract to implement the conservation plan;
(6) on a violation of a term or condition of the contract at any time the owner or operator has control of the land—
(A) to forfeit all rights to receive rental payments and cost sharing payments under the contract and to refund to the Secretary any rental payments and cost sharing payments received by the owner or operator under the contract, together with interest on the payments as determined by the Secretary, if the Secretary, after considering the recommendations of the soil conservation district and the Natural Resources Conservation Service, determines that the violation is of such nature as to warrant termination of the contract; or
(B) to refund to the Secretary, or accept adjustments to, the rental payments and cost sharing payments provided to the owner or operator, as the Secretary considers appropriate, if the Secretary determines that the violation does not warrant termination of the contract;
(7) on the transfer of the right and interest of the owner or operator in land subject to the contract—
(A) to forfeit all rights to rental payments and cost sharing payments under the contract; and
(B) to refund to the United States all rental payments and cost sharing payments received by the owner or operator, or accept such payment adjustments or make such refunds as the Secretary considers appropriate and consistent with the objectives of this subpart;
unless the transferee of the land agrees with the Secretary to assume all obligations of the contract, except that no refund of rental payments and cost sharing payments shall be required if the land is purchased by or for the United States Fish and Wildlife Service, or the transferee and the Secretary agree to modifications to the contract, in a case in which the modifications are consistent with the objectives of the program, as determined by the Secretary;
(8) 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 as provided in subsection (b) or (c) of
(9) not to conduct any planting of trees on land that is subject to the contract unless the contract specifies that the harvesting and commercial sale of trees such as Christmas trees are prohibited, nor otherwise make commercial use of trees on land that is subject to the contract unless it is expressly permitted in the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that no contract shall prohibit activities consistent with customary forestry practice, such as pruning, thinning, or stand improvement of trees, on land converted to forestry use;
(10) on land devoted to hardwood or other trees, excluding windbreaks and shelterbelts, to carry out proper thinning and other practices—
(A) to enhance the conservation benefits and wildlife habitat resources addressed by the conservation practice under which the land is enrolled; and
(B) to promote forest management;
(11) 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
(12) to comply with such additional provisions as the Secretary determines are desirable and are included in the contract to carry out this subpart or to facilitate the practical administration of this subpart.
(b) Conservation plans
The plan referred to in subsection (a)(1) shall set forth—
(1) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and
(2) the commercial use, if any, to be permitted on the land during the term.
(c) Foreclosure
(1) In general
Notwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this subpart may not be required to make repayments to the Secretary of amounts received under the contract if the land that is subject to the contract has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate in order to provide fair and equitable treatment.
(2) Resumption of control
(A) In general
This subsection shall not void the responsibilities of an owner or operator under the contract if the owner or operator resumes control over the land that is subject to the contract within the period specified in the contract.
(B) Contract
On the resumption of the control over the land by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3832,
Amendments
2018—Subsec. (a)(10) to (12).
2014—Subsec. (a)(8).
Subsec. (b).
"(1) shall set forth—
"(A) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and
"(B) the commercial use, if any, to be permitted on the land during the term; and
"(2) may provide for the permanent retirement of any existing cropland base and allotment history for the land."
Subsec. (d).
2008—Subsec. (a)(5) to (7).
Subsec. (a)(8).
Subsec. (a)(9) to (11).
Subsec. (d).
2003—Subsec. (a)(7)(A)(iii).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3833. Duties of the Secretary
(a) Cost-share and rental payments
In return for a contract entered into by an owner or operator under the conservation reserve program, 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, including the cost of fencing and other water distribution practices, if applicable; and
(2) for a period of years not in excess of the term of the contract, pay an annual rental payment, in accordance with
(A) the conversion of highly erodible cropland, marginal pastureland, or other eligible lands normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; or
(B) the development and management of grasslands for multiple natural resource conservation benefits, including to soil, water, air, and wildlife.
(b) Specified activities permitted
(1) In general
The Secretary, in coordination with the applicable State technical committee established under
(A) those activities or uses—
(i) are consistent with the conservation of soil, water quality, and wildlife habitat;
(ii) are subject to appropriate restrictions during the primary nesting season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with Federal or State law;
(iii) contribute to the health and vigor of the established cover; and
(iv) are consistent with a site-specific plan, including vegetative management requirements, stocking rates, and frequency and duration of activity, taking into consideration regional differences, such as climate, soil type, and natural resources; and
(B) the Secretary, in coordination with the State technical committee, includes contract modifications—
(i) without any reduction in the rental rate for—
(I) emergency haying, emergency grazing, or other emergency use of the forage in response to a localized or regional drought, flooding, wildfire, or other emergency, on all practices, outside the primary nesting season, when—
(aa) the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor;
(bb) there is at least a 40 percent loss in forage production in the county; or
(cc) the Secretary, in coordination with the State technical committee, determines that the program can assist in the response to a natural disaster event without permanent damage to the established cover;
(II) emergency grazing on all practices during the primary nesting season if payments are authorized for a county under the livestock forage disaster program under clause (ii) of
(III) emergency haying on certain practices, outside the primary nesting season, if payments are authorized for a county under the livestock forage disaster program under clause (ii) of
(IV) grazing of all practices, outside the primary nesting season, if included as a mid-contract management practice under
(V) the intermittent and seasonal use of vegetative buffer established under paragraphs (4) and (5) of
(aa) does not destroy the permanent vegetative cover; and
(bb) retains suitable vegetative structure for wildlife cover and shelter outside the primary nesting season; or
(VI) grazing on all practices, outside the primary nesting season, if conducted by a beginning farmer or rancher; or
(ii) with a 25 percent reduction in the annual rental rate for the acres covered by the authorized activity, including—
(I) grazing not more frequently than every other year on the same land, except that during the primary nesting season, grazing shall be subject to a 50 percent reduction in the stocking rate specified in the site-specific plan;
(II) grazing of all practices during the primary nesting season, with a 50 percent reduction in the stocking rate specified in the site-specific plan;
(III) haying and other commercial use (including the managed harvesting of biomass and excluding the harvesting of vegetative cover), on the condition that the activity—
(aa) is completed outside the primary nesting season;
(bb) occurs not more than once every 3 years; and
(cc) maintains 25 percent of the total contract acres unharvested, in accordance with a site-specific plan that provides for wildlife cover and shelter;
(IV) annual grazing outside the primary nesting season if consistent with a site-specific plan that is authorized for the control of invasive species; and
(V) the installation of wind turbines and associated access, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account—
(aa) the location, size, and other physical characteristics of the land;
(bb) the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and
(cc) the purposes of the conservation reserve program under this subpart.
(2) Conditions on haying and grazing
(A) In general
The Secretary may permit haying or grazing in accordance with paragraph (1) on any land or practice subject to a contract under the conservation reserve program.
(B) Exceptions
(i) Damage to vegetative cover
Haying or grazing described in paragraph (1) shall not be permitted on land subject to a contract under the conservation reserve program, or under a particular practice, if haying or grazing for that year under that practice, as applicable, would cause long-term damage to vegetative cover on that land.
(ii) Special agreements
(I) In general
Except as provided in subclause (II), haying or grazing described in paragraph (1) shall not be permitted on—
(aa) land covered by a contract enrolled under the State acres for wildlife enhancement program established by the Secretary; or
(bb) land covered by a contract enrolled under a conservation reserve enhancement program established under
(II) Exception
Subclause (I) shall not apply to land on which haying or grazing is specifically permitted under the applicable conservation reserve enhancement program agreement or other partnership agreement entered into under this subpart.
(c) Authorized activities on grasslands
For eligible land described in
(1) Common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species appropriate to that locality.
(2) Haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the nesting season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with Federal or State law, as determined by the Secretary in consultation with the State technical committee.
(3) Fire presuppression, fire-related rehabilitation, and construction of fire breaks.
(4) Grazing-related activities, such as fencing and livestock watering.
(d) Resource conserving use
(1) In general
Beginning on the date that is 1 year before the date of termination of a contract under the program, the Secretary shall allow an owner or operator to make conservation and land improvements for economic use that facilitate maintaining protection of enrolled land after expiration of the contract.
(2) Conservation plan
The Secretary shall require an owner or operator carrying out the activities described in paragraph (1) to develop and implement a conservation plan.
(3) Re-enrollment prohibited
Land improved under paragraph (1) may not be re-enrolled in the conservation reserve program for 5 years after the date of termination of the contract.
(4) Payment reduction
In the case of an activity carried out under paragraph (1), the Secretary shall reduce the payment otherwise payable under the contract by an amount commensurate with the economic value of the activity.
(e) Natural disaster or adverse weather as mid-contract management
In the case of a natural disaster or adverse weather event that has the effect of a management practice consistent with the conservation plan, the Secretary shall not require further management practices pursuant to
(
Editorial Notes
Prior Provisions
A prior section 3833,
Amendments
2018—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B), (C).
Subsec. (b).
Subsec. (e).
2014—
§3834. Payments
(a) Timing
The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subpart—
(1) with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as practicable after the obligation is incurred; and
(2) with respect to any annual rental payment obligation incurred by the Secretary—
(A) as soon as practicable after October 1 of each calendar year; or
(B) at the option of the Secretary, at any time prior to such date during the year that the obligation is incurred.
(b) Cost sharing payments
(1) In general
In making cost sharing payments to an owner or operator under a contract entered into under this subpart, the Secretary shall pay 50 percent of the cost of establishing water quality and conservation measures and practices required under each contract for which the Secretary determines that cost sharing is appropriate and in the public interest.
(2) Limitations
(A) In general
The Secretary shall ensure, to the maximum extent practicable, that cost sharing payments to an owner or operator under this subpart, when combined with the sum of payments from all other funding sources for measures and practices described in paragraph (1), do not exceed 100 percent of the total actual cost of establishing those measures and practices, as determined by the Secretary.
(B) Mid-contract management grazing
The Secretary may not make any cost sharing payment to an owner or operator under this subpart pursuant to
(C) Seed cost
In the case of seed costs related to the establishment of cover, cost sharing payments under this subpart shall not exceed 50 percent of the actual cost of the seed mixture, as determined by the Secretary.
(3) Other Federal cost share assistance
Except in the case of incentive payments that are related to the cost of the establishment of a practice and received from eligible partners under the conservation reserve enhancement program under
(4) Practice incentives for continuous practices
In addition to the cost sharing payment described in this subsection, the Secretary shall make an incentive payment to an owner or operator of land enrolled under
(c) Forest management incentive payments
(1) In general
Using funds made available under
(2) Limitation
A payment described in paragraph (1) may not exceed 100 percent of the total cost of thinning and other practices conducted by the owner or operator.
(d) Annual rental payments
(1) In general
In determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland or other eligible lands normally devoted to the production of an agricultural commodity to less intensive use, the Secretary shall consider—
(A) the amount necessary to encourage owners or operators of highly erodible cropland or other eligible lands to participate in the program established by this subpart;
(B) the impact on the local farmland rental market; and
(C) such other factors as the Secretary determines to be appropriate.
(2) Methods of determination
(A) In general
The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subpart may be determined through the submission of applications for such contracts by owners and operators in such manner as the Secretary may prescribe.
(B) Multiple enrollments
(i) In general
Subject to clause (ii), if land subject to a contract entered into under this subpart is reenrolled under
(ii) Conservation reserve enhancement program
The reduction in annual rental payments under clause (i) may be waived as part of the negotiation between the Secretary and an eligible partner to enter into a conservation reserve enhancement program agreement under
(C) Grasslands
Notwithstanding subparagraph (A), in the case of eligible land described in
(D) Continuous sign-up incentives
The Secretary shall make an incentive payment to the owner or operator of land enrolled under
(3) Acceptance of contract offers
(A) Evaluation of offers
In determining the acceptability of contract offers, the Secretary may 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, or wildlife habitat or provide other environmental benefits.
(B) Establishment of different criteria in various States and regions
The Secretary may establish different criteria for determining the acceptability of contract offers in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated.
(C) Local preference
In determining the acceptability of contract offers for new enrollments, the Secretary shall accept, to the maximum extent practicable, an offer from an owner or operator that is a resident of the county in which the land is located or of a contiguous county if, as determined by the Secretary, the land would provide at least equivalent conservation benefits to land under competing offers.
(4) Rental rates
(A) Annual estimates
The Secretary (acting through the National Agricultural Statistics Service) shall annually conduct a survey of per acre estimates of county average market dryland and irrigated cash rental rates for cropland and pastureland in all counties or equivalent subdivisions within each State that have 20,000 acres or more of cropland and pastureland, and shall publish the estimates derived from the survey not later than September 15 of each year.
(B) Public availability of estimates
The estimates derived from the survey conducted under subparagraph (A) and the average current and previous soil rental rates for each county shall be maintained on a website of the Department of Agriculture for use by the general public.
(C) Use
The Secretary shall consider the estimates derived from the survey conducted under subparagraph (A) relating to dryland cash rental rates as a factor in determining rental rates under this section in a manner determined appropriate by the Secretary.
(D) Submission of additional information by State FSA offices and CREP partners
(i) In general
The Secretary shall provide an opportunity for State Committees of the Farm Service Agency or eligible partners (as defined in
(ii) Acceptable documentation
Documentation referred to in clause (i) includes—
(I) an average of cash rents from a random sample of lease agreements;
(II) cash rent estimates from a published survey;
(III) neighboring county estimate comparisons from the National Agricultural Statistics Service;
(IV) an average of cash rents from Farm Service Agency farm business plans;
(V) models that estimate cash rents, such as models that use returns to estimate crop production or land value data; or
(VI) other documentation, as determined by the Secretary.
(iii) Notification
Not less than 14 days prior to the announcement of new or revised soil rental rates, the Secretary shall offer a briefing to the Chairman and Ranking Member of the Committee on Agriculture of the House of Representatives and the Chairman and Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate, including information on and the rationale for the alternative rates proposed under clause (i) that were accepted or rejected.
(E) Rental rate limitation
Notwithstanding forest management incentive payments described in subsection (c), the county average soil rental rate (before any adjustments relating to specific practices, wellhead protection, or soil productivity) shall not exceed—
(i) 85 percent of the estimated rental rate determined under this paragraph for general enrollment; or
(ii) 90 percent of the estimated rental rate determined under this paragraph for continuous enrollment.
(e) Payment schedule
(1) In general
Except as otherwise provided in this section, payments under this subpart shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract.
(2) Advance payment
Payments under this subpart may be made in advance of determination of performance.
(f) Payments on death, disability, or succession
If an owner or operator that is entitled to a payment under a contract entered into under this subpart dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person that renders or completes the required performance, the Secretary shall make the payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
(g) Payment limitation for rental payments
(1) In general
Except as provided in paragraph (2), the total amount of rental payments received by a person or legal entity, directly or indirectly, under this subpart for any fiscal year may not exceed $50,000.
(2) Wellhead protection
Paragraph (1) and
(h) Other State or local assistance
In addition to any payment under this subpart, an owner or operator may receive cost share assistance, rental payments, or tax benefits from a State or subdivision thereof for enrolling land in the conservation reserve program.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3834,
Amendments
2018—Subsec. (b)(2) to (5).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d)(1).
Subsec. (d)(2)(A).
"(i) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or
"(ii) such other means as the Secretary determines are appropriate."
Subsec. (d)(2)(B).
Subsec. (d)(2)(C).
Subsec. (d)(2)(D).
Subsec. (d)(4).
Subsec. (d)(4)(A).
Subsec. (d)(4)(B).
Subsec. (d)(4)(C).
Subsec. (d)(4)(D), (E).
Subsec. (d)(5).
Subsec. (g)(1).
Subsec. (g)(2).
2014—Subsec. (b).
Subsec. (b)(3)(A).
"(i) land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subpart after November 28, 1990;
"(ii) land converted to such production under
"(iii) land on which an owner or operator agrees to conduct thinning authorized by
Subsec. (b)(3)(B)(i).
Subsec. (b)(3)(B)(ii).
"(I) the planting of the trees or shrubs; or
"(II) the thinning of existing stands to improve the condition of resources on the land."
Subsecs. (c), (d).
Subsec. (d)(1).
Subsec. (d)(2).
"(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."
Subsec. (d)(5)(A).
Subsec. (d)(5)(B).
Subsec. (d)(5)(C).
Subsec. (e).
Subsecs. (f), (g).
Subsec. (g)(1).
Subsec. (g)(2) to (4).
Subsec. (h).
2008—Subsec. (b)(3).
Subsec. (c)(3).
"(A) take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, wildlife habitat, or provide other environmental benefits; and
"(B) establish different criteria in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated."
Subsec. (c)(5).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(4)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
First Survey Pursuant to Subsection (c)(5)
[
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
§3835. Contracts
(a) Ownership or operation requirements
(1) In general
Except as provided in paragraph (2), no contract shall be entered into under this subpart concerning land with respect to which the ownership has changed in the 1-year period preceding the first year of the contract period unless—
(A) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(B) the new ownership was acquired before January 1, 1985;
(C) the Secretary determines that the land was acquired under circumstances that give adequate assurance that the land was not acquired for the purpose of placing the land in the program established by this subpart; or
(D) the ownership change occurred due to foreclosure on the land and the owner of the land immediately before the foreclosure exercises a right of redemption from the mortgage holder in accordance with State law.
(2) Exceptions
Paragraph (1) shall not—
(A) prohibit the continuation of an agreement by a new owner after an agreement has been entered into under this subpart; or
(B) require a person to own the land as a condition of eligibility for entering into the contract if the person—
(i) has operated the land to be covered by a contract under this section for at least 1 year preceding the date of the contract or since January 1, 1985, whichever is later; and
(ii) controls the land for the contract period.
(b) Sales or transfers
If, during the term of a contract entered into under this subpart, an owner or operator of land subject to the contract sells or otherwise transfers the ownership or right of occupancy of the land, the new owner or operator of the land may—
(1) continue the contract under the same terms or conditions;
(2) enter into a new contract in accordance with this subpart; or
(3) elect not to participate in the program established by this subpart.
(c) Modifications
(1) In general
The Secretary may modify a contract entered into with an owner or operator under this subpart if—
(A) the owner or operator agrees to the modification; and
(B) the Secretary determines that the modification is desirable—
(i) to carry out this subpart;
(ii) to facilitate the practical administration of this subpart;
(iii) to facilitate a transition of land subject to the contract from a retired or retiring owner or operator to a beginning farmer or rancher or socially disadvantaged farmer or rancher for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods; or
(iv) to achieve such other goals as the Secretary determines are appropriate, consistent with this subpart.
(2) Production of agricultural commodities
The Secretary may modify or waive a term or condition of a contract entered into under this subpart in order to permit all or part of the land subject to such contract to be devoted to the production of an agricultural commodity during a crop year, subject to such conditions as the Secretary determines are appropriate.
(d) Termination
(1) In general
The Secretary may terminate a contract entered into with an owner or operator under this subpart if—
(A) the owner or operator agrees to the termination; and
(B) the Secretary determines that the termination would be in the public interest.
(2) Notice to congressional committees
At least 90 days before taking any action to terminate under paragraph (1) all conservation reserve contracts entered into under this subpart, the Secretary shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate written notice of the action.
(e) Early termination by owner or operator
(1) Early termination
(A) In general
During fiscal year 2015, the Secretary shall allow a participant that entered into a contract under this subpart to terminate the contract at any time if the contract has been in effect for at least 5 years.
(B) Liability for contract violation
The termination shall not relieve the participant of liability for a contract violation occurring before the date of the termination.
(C) Notice to Secretary
The participant shall provide the Secretary with reasonable notice of the desire of the participant to terminate the contract.
(2) Certain land excepted
The following land shall not be subject to an early termination of contract under this subsection:
(A) Filterstrips, waterways, strips adjacent to riparian areas, windbreaks, and shelterbelts.
(B) Land with an erodibility index of more than 15.
(C) Land devoted to hardwood trees.
(D) Wildlife habitat, duck nesting habitat, pollinator habitat, upland bird habitat buffer, wildlife food plots, State acres for wildlife enhancement, shallow water areas for wildlife, and rare and declining habitat.
(E) Farmable wetland and restored wetland.
(F) Land that contains diversions, erosion control structures, flood control structures, contour grass strips, living snow fences, salinity reducing vegetation, cross wind trap strips, and sediment retention structures.
(G) Land located within a federally designated wellhead protection area.
(H) Land that is covered by an easement under the conservation reserve program.
(I) Land located within an average width, according to the applicable Natural Resources Conservation Service field office technical guide, of a perennial stream or permanent water body.
(J) Land enrolled under the conservation reserve enhancement program.
(3) Effective date
The contract termination shall become effective upon approval by the Secretary.
(4) Prorated rental payment
If a contract entered into under this subpart is terminated under this subsection before the end of the fiscal year for which a rental payment is due, the Secretary shall provide a prorated rental payment covering the portion of the fiscal year during which the contract was in effect.
(5) Renewed enrollment
The termination of a contract entered into under this subpart shall not affect the ability of the owner or operator that requested the termination to submit a subsequent bid to enroll the land that was subject to the contract into the conservation reserve.
(6) Conservation requirements
If land that was subject to a contract is returned to production of an agricultural commodity, the conservation requirements under subchapters II and III shall apply to the use of the land to the extent that the requirements are similar to those requirements imposed on other similar land in the area, except that the requirements may not be more onerous than the requirements imposed on other land.
(f) Transition option for certain farmers or ranchers
(1) Transition to covered farmer or rancher
In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a contract holder to a beginning farmer or rancher, a veteran farmer or rancher (as defined in section 2279(e) 1 of title 7), or a socially disadvantaged farmer or rancher (in this subsection referred to as a "covered farmer or rancher"), the Secretary shall—
(A) beginning on the date that is 2 years before the date of termination of the contract—
(i) allow the covered farmer or rancher, in conjunction with the contract holder, to make conservation and land improvements, including preparing to plant an agricultural crop; and
(ii) allow the covered farmer or rancher to begin the certification process under the Organic Foods Production Act of 1990 (
(B) beginning on the date of termination of the contract, require the contract holder to sell or lease (under a long-term lease or a lease with an option to purchase, including a lease with a term of less than 5 years and an option to purchase) to the covered farmer or rancher the land subject to the contract for production purposes;
(C) require the covered farmer or rancher to develop and implement a conservation plan;
(D) provide to the covered farmer or rancher an opportunity to enroll in the conservation stewardship program or the environmental quality incentives program by not later than the date on which the covered farmer or rancher takes possession of the land through ownership or lease;
(E) give priority to the enrollment of the land covered by the contract in—
(i) the environmental quality incentives program established under subpart A of part IV;
(ii) the conservation stewardship program established under subpart B of part IV; or
(iii) the agricultural conservation easement program established under subchapter VII; and
(F) continue to make annual payments to the contract holder for not more than an additional 2 years after the date of termination of the contract, if the contract holder is not a family member (as defined in
(2) Reenrollment
To the extent that the maximum number of acres permitted to be enrolled under the conservation reserve program has not been met, the Secretary shall provide a covered farmer or rancher with the option to reenroll any applicable partial field conservation practice that—
(A)(i) is carried out on land described in paragraph (4) or (5) of
(ii) is eligible for continuous enrollment under
(B) is part of an approved conservation plan.
(g) End of contract considerations
The Secretary shall not consider an owner or operator to be in violation of a term or condition of the conservation reserve contract if—
(1) during the year prior to expiration of the contract, the owner or operator—
(A)(i) enters into a contract under the environmental quality incentives program established under subpart A of part IV; and
(ii) begins the establishment of a practice under that contract; or
(B)(i) enters into a contract under the conservation stewardship program established under subpart B of part IV; and
(ii) begins the establishment of a practice under that contract; or
(2) during the 3 years prior to the expiration of the contract, the owner or operator begins the certification process under the Organic Foods Production Act of 1990 (
(h) Land enrolled in agricultural conservation easement program
The Secretary may terminate or modify a contract entered into under this subpart if eligible land that is subject to such contract is transferred into the agricultural conservation easement program under subchapter VII.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in subsecs. (f)(1)(A)(ii) and (g)(2), is title XXI of
Codification
Prior Provisions
A prior section 3835,
Amendments
2018—Subsec. (f)(1).
Subsec. (f)(1)(A).
Subsec. (f)(1)(A)(i).
Subsec. (f)(1)(B).
Subsec. (f)(1)(E).
Subsec. (f)(1)(F).
Subsec. (f)(2).
Subsec. (f)(2)(A).
Subsec. (g).
"(1) during the year prior to expiration of the contract, the land is enrolled in the conservation stewardship program; and
"(2) the activity required under the conservation stewardship program pursuant to such enrollment is consistent with this subpart."
2014—Subsec. (e)(1)(A).
Subsec. (e)(2)(C) to (J).
Subsec. (e)(3).
Subsec. (f)(1).
Subsec. (f)(1)(A)(i).
Subsec. (f)(1)(D).
Subsec. (f)(1)(E).
Subsec. (f)(2)(A).
Subsecs. (g), (h).
2008—Subsec. (c)(1)(B)(iii), (iv).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Conservation Reserve
1 See References in Text note below.
§3835a. Repealed. Pub. L. 113–79, title II, §2007, Feb. 7, 2014, 128 Stat. 720
Section,
Prior sections 3835a and 3836 were omitted in the general amendment of this subpart by
Section 3835a,
Section 3836,
A prior section 3836a,
subpart c—wetlands reserve program
§§3837 to 3837f. Repealed. Pub. L. 113–79, title II, §2703(a), Feb. 7, 2014, 128 Stat. 767
Section 3837,
Section 3837a,
Section 3837b,
Section 3837c,
Section 3837d,
Section 3837e,
Section 3837f,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
Effect of 1996 Amendments on Existing Agreements
Part II—Conservation Security and Farmland Protection
subpart a—conservation security program
§§3838 to 3838c. Repealed. Pub. L. 115–334, title II, §2301(c)(1), Dec. 20, 2018, 132 Stat. 4551
Section 3838,
A prior section 3838,
Section 3838a,
A prior section 3838a,
Section 3838b,
A prior section 3838b,
Section 3838c,
A prior section 3838c,
subpart b—conservation stewardship program
Editorial Notes
Codification
Prior Provisions
A prior subpart B, consisting of sections 3838h to 3838j, was redesignated subpart C of this part by
§§3838d to 3838g. Transferred
Editorial Notes
Codification
Section 3838d,
A prior section 3838d,
Section 3838e,
A prior section 3838e,
Section 3838f,
A prior section 3838f,
Section 3838g,
Statutory Notes and Related Subsidiaries
Termination of Conservation Stewardship Program
subpart c—farmland protection program
Editorial Notes
Codification
Section 2503(a) of
Prior Provisions
A prior subpart C, consisting of sections 3838n to 3838q, was redesignated subpart D of this part by
§§3838h to 3838j. Repealed. Pub. L. 113–79, title II, §2704(a), Feb. 7, 2014, 128 Stat. 767
Section 3838h,
Section 3838i,
Section 3838j,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
subpart d—grassland reserve program
Editorial Notes
Codification
Section 2401 of
§§3838n to 3838q. Repealed. Pub. L. 113–79, title II, §2705(a), Feb. 7, 2014, 128 Stat. 768
Section 3838n,
Section 3838o,
Section 3838p,
Section 3838q,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
Part III—Environmental Easement Program
§§3839 to 3839d. Repealed. Pub. L. 113–79, title II, §2711, Feb. 7, 2014, 128 Stat. 771
Section 3839,
Section 3839a,
Section 3839b,
Section 3839c,
Section 3839d,
Part IV—Environmental Quality Incentives Program and Conservation Stewardship Program
Editorial Notes
Codification
subpart a—environmental quality incentives program
§3839aa. Purposes
The purposes of the environmental quality incentives program established by this subpart are to promote agricultural production, forest management, and environmental quality as compatible goals, and to optimize environmental benefits, by—
(1) assisting producers in complying with local, State, and national regulatory requirements concerning—
(A) soil, water, and air quality;
(B) wildlife habitat; and
(C) surface and ground water conservation;
(2) avoiding, to the maximum extent practicable, the need for resource and regulatory programs by assisting producers in protecting soil, water, air, and related natural resources and meeting environmental quality criteria established by Federal, State, tribal, and local agencies;
(3) providing flexible assistance to producers to install and maintain conservation practices that sustain food and fiber production while—
(A) enhancing soil, water, and related natural resources, including grazing land, forestland, wetland, and wildlife;
(B) developing and improving wildlife habitat; and
(C) conserving energy; and
(4) assisting producers to make beneficial, cost-effective changes to production systems, including addressing identified, new, or expected resource concerns related to organic production, grazing management, fuels management, forest management, nutrient management associated with crops and livestock, pest management, irrigation management, adapting to, and mitigating against, increasing weather volatility, drought resiliency measures, or other practices on agricultural and forested land.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa,
Amendments
2018—
Par. (4).
2014—Par. (3).
Par. (4).
Par. (5).
2008—
Pars. (3), (4).
"(3) providing flexible assistance to producers to install and maintain conservation practices that enhance soil, water, related natural resources (including grazing land and wetland), and wildlife while sustaining production of food and fiber;
"(4) assisting producers to make beneficial, cost effective changes to cropping systems, grazing management, nutrient management associated with livestock, pest or irrigation management, or other practices on agricultural land; and".
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Effect on Existing Contracts
§3839aa–1. Definitions
In this subpart:
(1) Conservation planning assessment
The term "conservation planning assessment" means a report, as determined by the Secretary, that—
(A) is developed by—
(i) a State or unit of local government (including a conservation district);
(ii) a Federal agency; or
(iii) a third-party provider certified under
(B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and
(C) can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture.
(2) Eligible land
(A) In general
The term "eligible land" means land on which agricultural commodities, livestock, or forest-related products are produced.
(B) Inclusions
The term "eligible land" includes the following:
(i) Cropland.
(ii) Grassland.
(iii) Rangeland.
(iv) Pasture land.
(v) Nonindustrial private forest land.
(vi) Other agricultural land (including cropped woodland, marshes, environmentally sensitive areas, and agricultural land used for the production of livestock) on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the program, as determined by the Secretary.
(3) Incentive practice
The term "incentive practice" means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns.
(4) Organic system plan
The term "organic system plan" means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 (
(5) Payment
The term "payment" means financial assistance provided to a producer for performing practices under this subpart, including compensation for—
(A) incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and
(B) income forgone by the producer.
(6) Practice
The term "practice" means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this subpart, as determined by the Secretary, including—
(A) improvements to eligible land of the producer, including—
(i) structural practices;
(ii) land management practices;
(iii) vegetative practices;
(iv) forest management;
(v) soil testing;
(vi) soil remediation to be carried out by the producer; and
(vii) other practices that the Secretary determines would further the purposes of the program; and
(B) conservation activities involving the development of plans appropriate for the eligible land of the producer, including—
(i) comprehensive nutrient management planning;
(ii) planning for resource-conserving crop rotations (as defined in
(iii) soil health planning, including increasing soil organic matter and the use of cover crops;
(iv) a conservation planning assessment;
(v) precision conservation management planning; and
(vi) other plans that the Secretary determines would further the purposes of the program under this subpart.
(7) Priority resource concern
The term "priority resource concern" means a natural resource concern or problem, as determined by the Secretary, that—
(A) is identified at the national, State, or local level as a priority for a particular area of a State; and
(B) represents a significant concern in a State or region.
(8) Program
The term "program" means the environmental quality incentives program established by this subpart.
(9) Soil remediation
The term "soil remediation" means scientifically based practices that—
(A) ensure the safety of producers from contaminants in soil;
(B) limit contaminants in soil from entering agricultural products for human or animal consumption; and
(C) regenerate and sustain the soil.
(10) Soil testing
The term "soil testing" means the evaluation of soil health, including testing for—
(A) the optimal level of constituents in the soil, such as organic matter, nutrients, and the potential presence of soil contaminants, including heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and
(B) the biological and physical characteristics indicative of proper soil functioning.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in par. (4), is title XXI of
Codification
Prior Provisions
A prior section 3839aa–1,
Amendments
2018—
Par. (1).
Par. (2).
Par. (3).
Pars. (4), (5).
Par. (6).
Par. (7).
Par. (8).
Pars. (9), (10).
2014—Pars. (2) to (6).
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–2. Establishment and administration
(a) Establishment
During each of the 2002 through 2031 fiscal years, the Secretary shall provide payments to producers that enter into contracts with the Secretary under the program.
(b) Practices and term
(1) Practices
A contract under the program may apply to the performance of one or more practices.
(2) Term
A contract under the program shall have a term that does not exceed 10 years.
(c) Bidding down
If the Secretary determines that the environmental values of two or more applications for payments are comparable, the Secretary shall not assign a higher priority to the application only because it would present the least cost to the program.
(d) Payments
(1) Availability of payments
Payments are provided to a producer to implement one or more practices under the program.
(2) Limitation on payment amounts
A payment to a producer for performing a practice may not exceed, as determined by the Secretary—
(A) 75 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training;
(B) 100 percent of income foregone by the producer; or
(C) in the case of a practice consisting of elements covered under subparagraphs (A) and (B)—
(i) 75 percent of the costs incurred for those elements covered under subparagraph (A); and
(ii) 100 percent of income foregone for those elements covered under subparagraph (B).
(3) Special rule involving payments for foregone income
In determining the amount and rate of payments under paragraph (2)(B), the Secretary may accord great significance to a practice that, as determined by the Secretary, promotes—
(A) soil health;
(B) water quality and quantity improvement;
(C) nutrient management;
(D) pest management;
(E) air quality improvement;
(F) wildlife habitat development, including pollinator habitat; or
(G) invasive species management.
(4) Increased payments for certain producers
(A) In general
Notwithstanding paragraph (2), in the case of a producer that is a limited resource, socially disadvantaged farmer or rancher, a veteran farmer or rancher (as defined in section 2279(e) 1 of title 7), or a beginning farmer or rancher, the Secretary shall increase the amount that would otherwise be provided to a producer under this subsection—
(i) to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and
(ii) to not less than 25 percent above the otherwise applicable rate.
(B) Advance payments
(i) In general
On an election by a producer described in subparagraph (A), the Secretary shall provide at least 50 percent of the amount determined under subparagraph (A) in advance for all costs related to purchasing materials or contracting.
(ii) Return of funds
If funds provided in advance are not expended during the 90-day period beginning on the date of receipt of the funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary.
(iii) Notification and documentation
The Secretary shall—
(I) notify each producer described in subparagraph (A), at the time of enrollment in the program, of the option to receive advance payments under clause (i); and
(II) document the election of each producer described in subparagraph (A) to receive advance payments under clause (i) with respect to each practice that has costs described in that clause.
(5) Financial assistance from other sources
Except as provided in paragraph (6), any payments received by a producer from a State or private organization or person for the implementation of one or more practices on eligible land of the producer shall be in addition to the payments provided to the producer under this subsection.
(6) Other payments
A producer shall not be eligible for payments for practices on eligible land under the program if the producer receives payments or other benefits for the same practice on the same land under another program under this subchapter.
(7) Increased payments for high-priority practices
(A) State determination
Each State, in consultation with the State technical committee established under
(i) addresses specific causes of impairment relating to excessive nutrients in groundwater or surface water;
(ii) addresses the conservation of water to advance drought mitigation and declining aquifers;
(iii) meets other environmental priorities and other priority resource concerns identified in habitat or other area restoration plans; or
(iv) is geographically targeted to address a natural resource concern in a specific watershed.
(B) Increased payments
Notwithstanding paragraph (2), in the case of a practice designated under subparagraph (A), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training.
(e) Modification or termination of contracts
(1) Voluntary modification or termination
The Secretary may modify or terminate a contract entered into with a producer under the program 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 the program if the Secretary determines that the producer violated the contract.
(f) Allocation of funding
(1) Livestock
For each of fiscal years 2019 through 2023, at least 50 percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production, including grazing management practices.
(2) Wildlife habitat
(A) Fiscal years 2014 through 2018
For each of fiscal years 2014 through 2018, at least 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g).
(B) Fiscal years 2019 through 2031
For each of fiscal years 2019 through 2031, at least 10 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g).
(g) Wildlife habitat incentive program
(1) In general
The Secretary shall provide payments under the environmental quality incentives program for conservation practices that support the restoration, development, protection, and improvement of wildlife habitat on eligible land, including—
(A) upland wildlife habitat;
(B) wetland wildlife habitat;
(C) habitat for threatened and endangered species;
(D) fish habitat;
(E) habitat on pivot corners and other irregular areas of a field; and
(F) other types of wildlife habitat, as determined by the Secretary.
(2) State technical committee
In determining the practices eligible for payment under paragraph (1) and targeted for funding under subsection (f), the Secretary shall consult with the relevant State technical committee not less often than once each year.
(3) Maximum term
In the case of a contract under the program entered into solely for the establishment of 1 or more annual management practices for the benefit of wildlife as described in paragraph (1), notwithstanding any maximum contract term established by the Secretary, the contract shall have a term that does not exceed 10 years.
(4) Included practices
For the purpose of providing seasonal wetland habitat for waterfowl and migratory birds, a practice that is eligible for payment under paragraph (1) and targeted for funding under subsection (f) may include—
(A) a practice to carry out postharvest flooding; or
(B) a practice to maintain the hydrology of temporary and seasonal wetlands of not more than 2 acres to maintain waterfowl and migratory bird habitat on working cropland.
(h) Water conservation or irrigation efficiency practice
(1) Availability of payments
The Secretary may provide water conservation and system efficiency payments under this subsection to an entity described in paragraph (2) or a producer for—
(A) water conservation scheduling, water distribution efficiency, soil moisture monitoring, or an appropriate combination thereof;
(B) irrigation-related structural or other measures that conserve surface water or groundwater, including managed aquifer recovery practices; or
(C) a transition to water-conserving crops, water-conserving crop rotations, or deficit irrigation.
(2) Eligibility of certain entities
(A) In general
Notwithstanding
(B) Implementation
Water conservation or irrigation practices that are the subject of a contract entered into under subparagraph (A) shall be implemented on—
(i) eligible land of a producer; or
(ii) land that is—
(I) under the control of an irrigation district, groundwater management district, acequia, land-grant mercedes, or similar entity; and
(II) adjacent to eligible land described in clause (i), as determined by the Secretary.
(C) Waiver authority
The Secretary may waive the applicability of the limitations in
(D) Contract limitations
If the Secretary grants a waiver under subparagraph (C), the Secretary may impose a separate payment limitation for the contract with respect to which the waiver applies.
(3) Priority
In providing payments under this subsection for a water conservation or irrigation practice, the Secretary shall give priority to applications in which—
(A) consistent with the law of the State in which the land on which the practices will be implemented is located, there is a reduction in water use in the operation on that land; or
(B) except in the case of an application under paragraph (2), the producer agrees not to use any associated water savings to bring new land, other than incidental land needed for efficient operations, under irrigated production, unless the producer is participating in a watershed-wide project that will effectively conserve water, as determined by the Secretary.
(4) Effect
Nothing in this subsection authorizes the Secretary to modify the process for determining the annual allocation of funding to States under the program.
(i) Payments for conservation practices related to organic production
(1) Payments authorized
The Secretary shall provide payments under this subsection for conservation practices, on some or all of the operations of a producer, related—
(A) to organic production; and
(B) to the transition to organic production.
(2) Eligibility requirements
As a condition for receiving payments under this subsection, a producer shall agree—
(A) to develop and carry out an organic system plan; or
(B) to develop and implement conservation practices for certified organic production that are consistent with an organic system plan and the purposes of this subpart.
(3) Payment limitations
(A) In general
Payments under this subsection to a person or legal entity, directly or indirectly, may not exceed, in the aggregate—
(i) through fiscal year 2018—
(I) $20,000 per year; or
(II) $80,000 during any 6-year period; and
(ii) during the period of fiscal years 2019 through 2023, $140,000.
(B) Technical assistance
In applying the limitations under subparagraph (A), the Secretary shall not take into account payments received for technical assistance.
(4) Exclusion of certain organic certification costs
Payments may not be made under this subsection to cover the costs associated with organic certification that are eligible for cost-share payments under
(5) Termination of contracts
The Secretary may cancel or otherwise nullify a contract to provide payments under this subsection if the Secretary determines that the producer—
(A) is not pursuing organic certification; or
(B) is not in compliance with the Organic Foods Production Act of 1990 (
(j) Conservation incentive contracts
(1) Identification of eligible priority resource concerns for States
(A) In general
The Secretary, in consultation with the applicable State technical committee established under
(B) Limitation
For each of the relevant land uses within the watersheds, regions, or other areas identified under subparagraph (A), the Secretary shall identify not more than 3 eligible priority resource concerns.
(2) Contracts
(A) Authority
(i) In general
The Secretary shall enter into contracts with producers under this subsection that require the implementation, adoption, management, and maintenance of incentive practices that effectively address at least 1 eligible priority resource concern identified under paragraph (1) for the term of the contract.
(ii) Inclusions
Through a contract entered into under clause (i), the Secretary may provide—
(I) funding, through annual payments, for certain incentive practices to attain increased levels of conservation on eligible land; or
(II) assistance, through a practice payment, to implement an incentive practice.
(B) Term
A contract under this subsection shall have a term of not less than 5, and not more than 10, years.
(C) Prioritization
Notwithstanding
(i) give priority to applications that address eligible priority resource concerns identified under paragraph (1); and
(ii) evaluate applications relative to other applications for similar agriculture and forest operations.
(3) Incentive practice payments
(A) In general
The Secretary shall provide payments to producers through contracts entered into under paragraph (2) for—
(i) adopting and installing incentive practices; and
(ii) managing, maintaining, and improving the incentive practices for the duration of the contract, as determined appropriate by the Secretary.
(B) Payment amounts
In determining the amount of payments under subparagraph (A), the Secretary shall consider, to the extent practicable—
(i) the level and extent of the incentive practice to be installed, adopted, completed, maintained, managed, or improved;
(ii) the cost of the installation, adoption, completion, management, maintenance, or improvement of the incentive practice;
(iii) income foregone by the producer, including payments, as appropriate, to address—
(I) increased economic risk;
(II) loss in revenue due to anticipated reductions in yield; and
(III) economic losses during transition to a resource-conserving cropping system or resource-conserving land use; and
(iv) the extent to which compensation would ensure long-term continued maintenance, management, and improvement of the incentive practice.
(C) Delivery of payments
In making payments under subparagraph (A), the Secretary shall, to the extent practicable—
(i) in the case of annual payments under paragraph (2)(A)(ii)(I), make those payments as soon as practicable after October 1 of each fiscal year for which increased levels of conservation are maintained during the term of the contract; and
(ii) in the case of practice payments under paragraph (2)(A)(ii)(II), make those payments as soon as practicable on the implementation of an incentive practice.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in subsec. (i)(5)(B), is title XXI of
Codification
Prior Provisions
A prior section 3839aa–2,
Amendments
2022—Subsec. (a).
Subsec. (f)(2)(B).
2018—Subsec. (a).
Subsec. (d)(4)(B)(i).
Subsec. (d)(4)(B)(iii).
Subsec. (d)(7).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (g)(3), (4).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (h)(3).
Subsec. (h)(3)(A).
Subsec. (h)(3)(B).
Subsec. (h)(4).
Subsec. (i)(2)(B).
Subsec. (i)(3).
Subsec. (j).
2014—Subsec. (a).
Subsec. (b)(2).
"(A) at a minimum, is equal to the period beginning on the date on which the contract is entered into and ending on the date that is one year after the date on which all practices under the contract have been implemented; but
"(B) not to exceed 10 years."
Subsec. (d)(3)(A) to (G).
"(A) residue management;
"(B) nutrient management;
"(C) air quality management;
"(D) invasive species management;
"(E) pollinator habitat;
"(F) animal carcass management technology; or
"(G) pest management."
Subsec. (d)(4)(A).
Subsec. (d)(4)(B).
Subsec. (f).
Subsec. (g).
2011—Subsec. (a).
2008—
2006—Subsec. (a)(1).
2004—Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
1 See References in Text note below.
§3839aa–3. Evaluation of applications
(a) Evaluation criteria
The Secretary shall develop criteria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed.
(b) Prioritization of applications
In evaluating applications under this subpart, the Secretary shall prioritize applications—
(1) based on their overall level of cost-effectiveness to ensure that the conservation practices and approaches proposed are the most efficient means of achieving the anticipated conservation benefits of the project;
(2) based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns;
(3) that best fulfill the purposes of the program; and
(4) that improve conservation practices or systems in place on the operation at the time the contract offer is accepted or that will complete a conservation system.
(c) Grouping of applications
To the greatest extent practicable, the Secretary shall group applications of similar crop or livestock operations for evaluation purposes or otherwise evaluate applications relative to other applications for similar farming operations.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–3,
Amendments
2018—Subsec. (b).
2014—Subsec. (b)(1).
Subsec. (b)(3).
2008—
"(1) encourage the use by producers of cost-effective conservation practices; and
"(2) address national conservation priorities."
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–4. Duties of producers
To receive payments under the program, a producer shall agree—
(1) to implement an environmental quality incentives program plan (including a comprehensive nutrient management plan, if applicable) that describes conservation and environmental purposes to be achieved through 1 or more practices that are approved by the Secretary;
(2) not to conduct any practices on the enrolled land that would tend to defeat the purposes of the program;
(3) on the violation of a term or condition of the contract at anytime the producer has control of the land—
(A) if the Secretary determines that the violation warrants termination of the contract—
(i) to forfeit all rights to receive payments under the contract; and
(ii) to refund to the Secretary all or a portion of the payments received by the owner or operator under the contract, including any interest on the payments, as determined by the Secretary; or
(B) if the Secretary determines that the violation does not warrant termination of the contract, to refund to the Secretary, or accept adjustments to, the payments provided to the owner or operator, as the Secretary determines to be appropriate;
(4) on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees with the Secretary to assume all obligations of the contract, to refund all payments received under the program, as determined by the Secretary;
(5) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and
(6) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–4,
Amendments
2014—Par. (2).
2008—
Par. (2).
Par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–5. Environmental quality incentives program plan
(a) Plan of operations
To be eligible to receive payments under the program, a producer shall submit to the Secretary for approval a plan of operations that—
(1) specifies practices covered under the program;
(2) includes such terms and conditions as the Secretary considers necessary to carry out the program, including a description of the purposes to be met by the implementation of the plan;
(3) in the case of a confined livestock feeding operation, provides for development and progressive implementation of a comprehensive nutrient management plan, if applicable; and
(4) in the case of forest land, is consistent with the provisions of a forest management plan that is approved by the Secretary, which may include—
(A) a forest stewardship plan described in
(B) another practice plan approved by the State forester; or
(C) another plan determined appropriate by the Secretary.
(b) Avoidance of duplication
The Secretary shall—
(1) consider a plan developed in order to acquire a permit under a water or air quality regulatory program as the equivalent of a plan of operations under subsection (a), if the plan contains elements equivalent to those elements required by a plan of operations; and
(2) to the maximum extent practicable, eliminate duplication of planning activities under the program under this subpart and comparable conservation programs.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–5,
Amendments
2018—Subsec. (a)(3).
Subsec. (b)(2).
2008—Subsec. (a).
Subsec. (a)(4).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–6. Duties of the Secretary
To the extent appropriate, the Secretary shall assist a producer in achieving the conservation and environmental goals of a program plan by—
(1) providing payments for developing and implementing 1 or more practices, as appropriate; and
(2) providing the producer with information and training to aid in implementation of the plan.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–6,
Amendments
2008—Par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–7. Limitation on payments
Not including payments made under
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–7,
Amendments
2018—
2014—
2008—
2006—
2004—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–8. Conservation innovation grants and payments
(a) Competitive grants for innovative conservation approaches
(1) Grants
Out of the funds made available to carry out this subpart, the Secretary may pay the cost of competitive grants that are intended to stimulate innovative approaches to leveraging the Federal investment in environmental enhancement and protection, in conjunction with agricultural production or forest resource management, through the program.
(2) Use
The Secretary may provide grants under this subsection to governmental and non-governmental organizations and persons, on a competitive basis, to carry out projects that—
(A) involve producers who are eligible for payments or technical assistance under the program or community colleges (as defined in
(B) leverage Federal funds made available to carry out the program under this subpart with matching funds provided by State and local governments and private organizations to promote environmental enhancement and protection in conjunction with agricultural production;
(C) ensure efficient and effective transfer of innovative technologies and approaches demonstrated through projects that receive funding under this section, such as market systems for pollution reduction and practices for the storage of carbon in soil;
(D) provide environmental and resource conservation benefits through increased participation by producers of specialty crops;
(E) partner with farmers to develop innovative practices for urban, indoor, or other emerging agricultural operations;
(F) utilize edge-of-field and other monitoring practices on farms—
(i) to quantify the impacts of practices implemented under the program; and
(ii) to assist producers in making the best conservation investments for the operations of the producers;
(G) facilitate on-farm conservation research and demonstration activities; and
(H) facilitate pilot testing of new technologies or innovative conservation practices.
(b) Air quality concerns from agricultural operations
(1) Implementation assistance
The Secretary shall provide payments under this subsection to producers to implement practices to address air quality concerns from agricultural operations and to meet Federal, State, and local regulatory requirements. The funds shall be made available on the basis of air quality concerns in a State and shall be used to provide payments to producers that are cost effective and reflect innovative technologies.
(2) Funding
Of the funds made available to carry out this subpart, the Secretary shall carry out this subsection using $37,500,000 for each of fiscal years 2019 through 2031.
(c) On-farm conservation innovation trials
(1) Definitions
In this subsection:
(A) Eligible entity
The term "eligible entity" means, as determined by the Secretary—
(i) a third-party private entity the primary business of which is related to agriculture;
(ii) a nongovernmental organization with experience working with agricultural producers; or
(iii) a governmental organization.
(B) New or innovative conservation approach
The term "new or innovative conservation approach" means—
(i) new or innovative—
(I) precision agriculture technologies;
(II) enhanced nutrient management plans, nutrient recovery systems, and fertilization systems;
(III) soil health management systems, including systems to increase soil carbon levels;
(IV) water management systems;
(V) resource-conserving crop rotations (as defined in
(VI) cover crops; and
(VII) irrigation systems; and
(ii) any other conservation approach approved by the Secretary as new or innovative.
(2) Testing new or innovative conservation approaches
Using $25,000,000 of the funds made available to carry out this subpart for each of fiscal years 2019 through 2031, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test new or innovative conservation approaches—
(A) directly with producers; or
(B) through eligible entities.
(3) Incentive payments
(A) Agreements
In carrying out paragraph (2), the Secretary shall enter into agreements with producers (either directly or through eligible entities) on whose land an on-farm conservation innovation trial is being carried out to provide payments (including payments to compensate for foregone income, as appropriate to address the increased economic risk potentially associated with new or innovative conservation approaches) to the producers to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits.
(B) Adjusted gross income requirements
(i) In general
Adjusted gross income requirements under
(I) apply to producers receiving payments under this subsection; and
(II) be enforced by the Secretary.
(ii) Reporting
An eligible entity participating in an on-farm conservation innovation trial under this subsection shall report annually to the Secretary on the amount of payments made to individual farm operations under this subsection.
(C) Limitation on administrative expenses
None of the funds made available to carry out this subsection may be used to pay for the administrative expenses of an eligible entity.
(D) Length of agreements
An agreement entered into under subparagraph (A) shall be for a period determined by the Secretary that is—
(i) not less than 3 years; and
(ii) if appropriate, more than 3 years, including if such a period is appropriate to support—
(I) adaptive management over multiple crop years; and
(II) adequate data collection and analysis by a producer or eligible entity to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary.
(4) Flexible adoption
The scale of adoption of a new or innovative conservation approach under an on-farm conservation innovation trial under an agreement under paragraph (2) may include multiple scales on an operation, including whole farm, field-level, or sub-field scales.
(5) Technical assistance
The Secretary shall provide technical assistance—
(A) to each producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (2) with respect to the design, installation, and management of the new or innovative conservation approaches; and
(B) to each eligible entity participating in an on-farm conservation innovation trial under paragraph (2) with respect to data analyses of the on-farm conservation innovation trial.
(6) Geographic scope
The Secretary shall identify a diversity of geographic regions of the United States in which to establish on-farm conservation innovation trials under paragraph (2), taking into account factors such as soil type, cropping history, and water availability.
(7) Soil health demonstration trial
Using funds made available to carry out this subsection, the Secretary shall carry out a soil health demonstration trial under which the Secretary coordinates with eligible entities—
(A) to provide incentives to producers to implement conservation practices that—
(i) improve soil health;
(ii) increase carbon levels in the soil; or
(iii) meet the goals described in clauses (i) and (ii);
(B) to establish protocols for measuring carbon levels in the soil and testing carbon levels on land where conservation practices described in subparagraph (A) were applied to evaluate gains in soil health as a result of the practices implemented by the producers in the soil health demonstration trial; and
(C)(i) not later than September 30, 2020, to initiate a study regarding changes in soil health and, if feasible, economic outcomes, generated as a result of the conservation practices described in subparagraph (A) that were applied by producers through the soil health demonstration trial; and
(ii) to submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate annual reports on the progress and results of the study under clause (i).
(d) Reporting and database
(1) Report required
Not later than September 30, 2019, and every 2 years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of activities funded under this section, including—
(A) funding awarded;
(B) results of the activities, including, if feasible, economic outcomes;
(C) incorporation of findings from the activities, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary; and
(D) on completion of the study required under subsection (c)(7)(C), the findings of the study.
(2) Conservation practice database
(A) In general
The Secretary shall use the data reported under paragraph (1) to establish and maintain a publicly available conservation practice database that provides—
(i) a compilation and analysis of effective conservation practices for soil health, nutrient management, and source water protection in varying soil compositions, cropping systems, slopes, and landscapes; and
(ii) a list of recommended new and effective conservation practices.
(B) Privacy
Information provided under subparagraph (A) shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal information of individual producers.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–8,
Amendments
2022—Subsecs. (b)(2), (c)(2).
2018—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(2)(E) to (H).
Subsec. (b)(2).
Subsecs. (c), (d).
"(1) funding awarded;
"(2) project results; and
"(3) incorporation of project findings, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary."
2014—Subsec. (a)(2)(E), (F).
Subsec. (b)(2).
Subsec. (c).
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–9. Repealed. Pub. L. 113–79, title II, §2706(a), Feb. 7, 2014, 128 Stat. 769
Section,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
subpart b—conservation stewardship program
§3839aa–21. Definitions
In this subpart:
(1) Agricultural operation
The term "agricultural operation" means all eligible land, whether or not contiguous, that is—
(A) under the effective control of a producer at the time the producer enters into a contract under the program; and
(B) operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary.
(2) Conservation activities
(A) In general
The term "conservation activities" means conservation systems, practices, or management measures.
(B) Inclusions
The term "conservation activities" includes—
(i) structural measures, vegetative measures, and land management measures, including agriculture drainage management systems, as determined by the Secretary;
(ii) planning needed to address a priority resource concern;
(iii) development of a comprehensive conservation plan, as defined in
(iv) soil health planning, including planning to increase soil organic matter; and
(v) activities that will assist a producer to adapt to, or mitigate against, increasing weather volatility.
(3) Conservation stewardship plan
The term "conservation stewardship plan" means a plan that—
(A) identifies and inventories priority resource concerns;
(B) establishes benchmark data and conservation objectives;
(C) describes conservation activities to be implemented, managed, or improved; and
(D) includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities.
(4) Eligible land
(A) In general
The term "eligible land" means—
(i) private or tribal land on which agricultural commodities, livestock, or forest-related products are produced; and
(ii) lands associated with the land described in clause (i) on which priority resource concerns could be addressed through a contract under the program.
(B) Inclusions
The term "eligible land" includes—
(i) cropland;
(ii) grassland;
(iii) rangeland;
(iv) pasture land;
(v) nonindustrial private forest land; and
(vi) other land in agricultural areas (including cropped woodland, marshes, and agricultural land used or capable of being used for the production of livestock), as determined by the Secretary.
(5) Priority resource concern
The term "priority resource concern" means a natural resource concern or problem, as determined by the Secretary, that—
(A) is identified at the national, State, or local level as a priority for a particular area of a State;
(B) represents a significant concern in a State or region; and
(C) is likely to be addressed successfully through the implementation of conservation activities under this program.
(6) Program
The term "program" means the conservation stewardship program established by this subpart.
(7) Stewardship threshold
The term "stewardship threshold" means the level of management required, as determined by the Secretary, to conserve and improve the quality and condition of a natural resource through the use of—
(A) quality criteria under a resource management system;
(B) predictive analytics tools or models developed or approved by the Natural Resources Conservation Service;
(C) data from past and current enrollment in the program; and
(D) other methods that measure conservation and improvement in priority resource concerns, as determined by the Secretary.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—Par. (2)(B)(iii)–(v).
Par. (7).
2014—
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this subpart and repeal of
Effect on Existing Contracts by Pub. L. 115–334
"(3)
"(A)
"(i) the validity or terms of any contract entered into by the Secretary [of Agriculture] under subchapter B of
"(ii) subject to subparagraph (D), any agreement entered into by the Secretary under the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 (
"(B)
"(C)
"(i)
"(ii)
"(I) if that contract expires on or after December 31, 2019;
"(II) under the terms of the conservation stewardship program under subchapter B of
"(III) subject to the limitation on funding for that subchapter under section 1241 of the Food Security Act of 1985 (
"(D)
"(i)
"(ii)
"(I) the Secretary shall modify the agreement to authorize the entrance into a contract under subchapter B of
"(II) the funds associated with the conservation stewardship program acres allocated under that agreement, on modification under subclause (I), may be used to enter into conservation stewardship program contracts with producers under subchapter B of
"(4)
"(5)
"(A) any contract or agreement described in paragraph (3)(A)(i) for fiscal year 2019;
"(B) any contract or agreement described in paragraph (3)(A)(ii);
"(C) any contract extended under paragraph (3)(B); and
"(D) any contract or agreement under subchapter B of
Effect on Existing Contracts by Pub. L. 113–79
"(1)
"(2)
§3839aa–22. Conservation stewardship program
(a) Establishment and purpose
During each of fiscal years 2019 through 2031, the Secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner—
(1) by undertaking additional conservation activities; and
(2) by improving, maintaining, and managing existing conservation activities.
(b) Exclusions
(1) Land enrolled in other conservation programs
Subject to paragraph (2), the following land (even if covered by the definition of eligible land) is not eligible for enrollment in the program:
(A) Land enrolled in the conservation reserve program, unless—
(i) the conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and
(ii) conservation reserve program payments for land enrolled in the program cease before the first program payment is made to the applicant under this subpart.
(B) Land enrolled in a wetland reserve easement through the agricultural conservation easement program.
(2) Conversion to cropland
Eligible land used for crop production after December 20, 2018, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet such requirement because—
(A) the land had previously been enrolled in the conservation reserve program;
(B) the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or
(C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Secretary.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2022—Subsec. (a).
2018—Subsec. (a).
Subsec. (b)(1)(C).
Subsec. (b)(2).
2014—
2011—Subsec. (a).
§3839aa–23. Stewardship contracts
(a) Submission of contract offers
To be eligible to participate in the conservation stewardship program, a producer shall submit to the Secretary a contract offer for the agricultural operation that—
(1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, meets or exceeds the stewardship threshold for at least 2 priority resource concerns; and
(2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by—
(A) installing and adopting additional conservation activities; and
(B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary.
(b) Evaluation of contract offers
(1) Ranking of applications
(A) In general
In evaluating contract offers submitted under subsection (a) and contract renewals under subsection (e), the Secretary shall rank applications based on—
(i) the natural resource conservation and environmental benefits that result from the conservation treatment on all applicable priority resource concerns at the time of submission of the application;
(ii) the degree to which the proposed conservation activities increase natural resource conservation and environmental benefits; and
(iii) other consistent criteria, as determined by the Secretary.
(B) Additional criterion
If 2 or more applications receive the same ranking under subparagraph (A), the Secretary shall rank those contracts based on the extent to which the actual and anticipated conservation benefits from each contract are provided at the lowest cost relative to other similarly beneficial contract offers.
(2) Prohibition
The Secretary may not assign a higher priority to any application because the applicant is willing to accept a lower payment than the applicant would otherwise be eligible to receive.
(3) Additional criteria
The Secretary may develop and use such additional criteria that the Secretary determines are necessary to ensure that national, State, and local priority resource concerns are effectively addressed.
(c) Entering into contracts
After a determination that a producer is eligible for a contract or contract renewal under this section, and a determination that the contract or contract renewal offer ranks sufficiently high under the evaluation criteria under subsection (b), the Secretary shall enter into a conservation stewardship contract or contract renewal with the producer to enroll the eligible land to be covered by the contract or contract renewal.
(d) Contract provisions
(1) Term
A conservation stewardship contract shall be for a term of 5 years.
(2) Required provisions
The conservation stewardship contract of a producer shall—
(A) state the amount of the payment the Secretary agrees to make to the producer for each year of the conservation stewardship contract under
(B) require the producer—
(i) to implement a conservation stewardship plan that describes the program purposes to be achieved through 1 or more conservation activities;
(ii) to maintain and supply information as required by the Secretary to determine compliance with the conservation stewardship plan and any other requirements of the program; and
(iii) not to conduct any activities on the agricultural operation that would tend to defeat the purposes of the program;
(C) permit all economic uses of the eligible land that—
(i) maintain the agricultural nature of the land; and
(ii) are consistent with the conservation purposes of the conservation stewardship contract;
(D) include a provision to ensure that a producer shall not be considered in violation of the contract for failure to comply with the contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the Secretary;
(E) include provisions requiring that upon the violation of a term or condition of the contract at any time the producer has control of the land—
(i) if the Secretary determines that the violation warrants termination of the contract—
(I) the producer shall forfeit all rights to receive payments under the contract; and
(II) the producer shall refund all or a portion of the payments received by the producer under the contract, including any interest on the payments, as determined by the Secretary; or
(ii) if the Secretary determines that the violation does not warrant termination of the contract, the producer shall refund or accept adjustments to the payments provided to the producer, as the Secretary determines to be appropriate;
(F) include provisions in accordance with paragraphs (3) and (4); and
(G) include any additional provisions the Secretary determines are necessary to carry out the program.
(3) Change of interest in land subject to a contract
(A) In general
At the time of application, a producer shall have control of the eligible land to be enrolled in the program. Except as provided in subparagraph (B), a change in the interest of a producer in eligible land covered by a contract under the program shall result in the termination of the contract with regard to that land.
(B) Transfer of duties and rights
Subparagraph (A) shall not apply if—
(i) within a reasonable period of time (as determined by the Secretary) after the date of the change in the interest in eligible land covered by a contract under the program, the transferee of the land provides written notice to the Secretary that all duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred;
(ii) the transferee meets the eligibility requirements of the program; and
(iii) the Secretary approves the transfer of all duties and rights under the contract.
(4) Modification and termination of contracts
(A) Voluntary modification or termination
The Secretary may modify or terminate a contract with a producer if—
(i) the producer agrees to the modification or termination; and
(ii) the Secretary determines that the modification or termination is in the public interest.
(B) Involuntary termination
The Secretary may terminate a contract if the Secretary determines that the producer violated the contract.
(5) Repayment
If a contract is terminated, the Secretary may, consistent with the purposes of the program—
(A) allow the producer to retain payments already received under the contract; or
(B) require repayment, in whole or in part, of payments received and assess liquidated damages.
(e) Contract renewal
The Secretary may provide the producer an opportunity to renew an existing contract in the first half of the fifth year of the contract period if the producer—
(1) demonstrates compliance with the terms of the existing contract;
(2) agrees to adopt and continue to integrate new or improved conservation activities across the entire agricultural operation, demonstrating continued improvement during the additional 5-year period, as determined by the Secretary; and
(3) agrees, by the end of the contract period—
(A) to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation; or
(B) to adopt or improve conservation activities, as determined by the Secretary, to achieve higher levels of performance with respect to not less than 2 existing priority resource concerns that are specified by the Secretary in the initial contract.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
Subsec. (b)(1).
Subsec. (c).
Subsec. (d)(2)(A).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(3)(B).
2014—
§3839aa–24. Duties of the Secretary
(a) In general
To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary shall—
(1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, 1 of which shall occur in the first quarter of each fiscal year;
(2) identify not less than 5 priority resource concerns in a particular watershed or other appropriate region or area within a State; and
(3) establish a science-based stewardship threshold for each priority resource concern identified under paragraph (2).
(b) Allocation to States
The Secretary shall allocate funding to States for enrollment, based—
(1) primarily on each State's proportion of eligible land to the total acreage of eligible land in all States; and
(2) also on consideration of—
(A) the extent and magnitude of the conservation needs associated with agricultural production in each State;
(B) the degree to which implementation of the program in the State is, or will be, effective in helping producers address those needs; and
(C) other considerations to achieve equitable geographic distribution of funds, as determined by the Secretary.
(c) Conservation stewardship payments
(1) Availability of payments
The Secretary shall provide annual payments under the program to compensate the producer for—
(A) installing and adopting additional conservation activities; and
(B) improving, maintaining, and managing conservation activities in place at the agricultural operation of the producer at the time the contract offer is accepted by the Secretary.
(2) Payment amount
The amount of the annual payment shall be determined by the Secretary and based, to the maximum extent practicable, on the following factors:
(A) Costs incurred by the producer associated with planning, design, materials, installation, labor, management, maintenance, or training.
(B) Income forgone by the producer.
(C) Expected conservation benefits.
(D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation.
(E) The level of stewardship in place at the time of application and maintained over the term of the contract.
(F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract.
(G) Such other factors as are determined appropriate by the Secretary.
(3) Exclusions
A payment to a producer under this subsection shall not be provided for—
(A) the design, construction, or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or
(B) conservation activities for which there is no cost incurred or income forgone to the producer.
(4) Delivery of payments
In making payments under this subsection, the Secretary shall, to the extent practicable—
(A) prorate conservation performance over the term of the contract so as to accommodate, to the extent practicable, producers earning equal annual payments in each fiscal year; and
(B) make such payments as soon as practicable after October 1 of each fiscal year for activities carried out in the previous fiscal year.
(5) Payment for cover crop activities
The amount of a payment under this subsection for cover crop activities shall be not less than 125 percent of the annual payment amount determined by the Secretary under paragraph (2).
(d) Supplemental payments for resource-conserving crop rotations and advanced grazing management
(1) Definitions
In this subsection:
(A) Advanced grazing management
The term "advanced grazing management" means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, that provide for—
(i) improved soil health and carbon sequestration;
(ii) drought resilience;
(iii) wildlife habitat;
(iv) wildfire mitigation;
(v) control of invasive plants; and
(vi) water quality improvement.
(B) Management-intensive rotational grazing
The term "management-intensive rotational grazing" means a strategic, adaptively managed multipasture grazing system in which animals are regularly and systematically moved to fresh pasture in a manner that—
(i) maximizes the quantity and quality of forage growth;
(ii) improves manure distribution and nutrient cycling;
(iii) increases carbon sequestration from greater forage harvest;
(iv) improves the quality and quantity of cover for wildlife;
(v) provides permanent cover to protect the soil from erosion; and
(vi) improves water quality.
(C) Resource-conserving crop rotation
The term "resource-conserving crop rotation" means a crop rotation that—
(i) includes at least 1 resource-conserving crop (as defined by the Secretary);
(ii) reduces erosion;
(iii) improves soil fertility and tilth;
(iv) interrupts pest cycles;
(v) builds soil organic matter; and
(vi) in applicable areas, reduces depletion of soil moisture or otherwise reduces the need for irrigation.
(2) Availability of payments
The Secretary shall provide additional payments to producers that, in participating in the program, agree to adopt or improve, manage, and maintain—
(A) resource-conserving crop rotations; or
(B) advanced grazing management.
(3) Eligibility
To be eligible to receive a payment described in paragraph (2), a producer shall agree to adopt or improve, manage, and maintain resource-conserving crop rotations or advanced grazing management for the term of the contract.
(4) Amount of payment
An additional payment provided under paragraph (2) shall be not less than 150 percent of the annual payment amount determined by the Secretary under subsection (c)(2).
(e) Payment for comprehensive conservation plan
(1) Definition of comprehensive conservation plan
In this subsection, the term "comprehensive conservation plan" means a conservation plan that meets or exceeds the stewardship threshold for each priority resource concern identified by the Secretary under subsection (a)(2).
(2) Payment for comprehensive conservation plan
The Secretary shall provide a 1-time payment to a producer that develops a comprehensive conservation plan.
(3) Amount of payment
The Secretary shall determine the amount of payment under paragraph (2) based on—
(A) the number of priority resource concerns addressed in the comprehensive conservation plan; and
(B) the number of types of land uses included in the comprehensive conservation plan.
(f) Payment limitations
A person or legal entity may not receive, directly or indirectly, payments under the program that, in the aggregate, exceed $200,000 under all contracts entered into during fiscal years 2019 through 2023, excluding funding arrangements with Indian tribes, regardless of the number of contracts entered into under the program by the person or legal entity.
(g) Specialty crop and organic producers
The Secretary shall ensure that outreach and technical assistance are available, and program specifications are appropriate to enable specialty crop and organic producers to participate in the program.
(h) Organic certification
(1) Coordination
The Secretary shall establish a transparent means by which producers may initiate organic certification under the Organic Foods Production Act of 1990 (
(2) Allocation
(A) In general
Using funds made available for the program for each of fiscal years 2019 through 2031, the Secretary shall allocate funding to States to support organic production and transition to organic production through paragraph (1).
(B) Determination
The Secretary shall determine the allocation to a State under subparagraph (A) based on—
(i) the number of certified and transitioning organic operations within the State; and
(ii) the number of acres of certified and transitioning organic production within the State.
(i) Regulations
The Secretary shall promulgate regulations that—
(1) prescribe such other rules as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under subsection (f); and
(2) otherwise enable the Secretary to carry out the program.
(j) Streamlining and coordination
To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the environmental quality incentives program under subpart A, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.
(k) Soil health
To the maximum extent feasible, the Secretary shall manage the program to enhance soil health.
(l) Annual report
Each fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the payment rates for conservation activities offered to producers under the program and an analysis of whether payment rates can be reduced for the most expensive conservation activities.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in subsec. (h)(1), is title XXI of
Codification
Section was formerly classified to
Amendments
2022—Subsec. (h)(2)(A).
2018—Subsec. (b).
Subsec. (c).
"(1) enroll in the program an additional 10,000,000 acres for each fiscal year; and
"(2) manage the program to achieve a national average rate of $18 per acre, which shall include the costs of all financial assistance, technical assistance, and any other expenses associated with enrollment or participation in the program."
Subsec. (c)(5).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e).
Subsec. (f).
Subsec. (h).
Subsecs. (j) to (l).
2014—
§3839aa–25. Grassland conservation initiative
(a) Definitions
In this section:
(1) Eligible land
Notwithstanding
(2) Initiative
The term "initiative" means the grassland conservation initiative established under subsection (b).
(b) Establishment and purpose
The Secretary shall establish within the program a grassland conservation initiative for the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and achieving related conservation values by conserving eligible land through grassland conservation contracts under subsection (e).
(c) Election
Beginning in fiscal year 2019, the Secretary shall provide a 1-time election to enroll eligible land in the initiative under a contract described in subsection (e).
(d) Method of enrollment
The Secretary shall—
(1) notwithstanding subsection (b) of
(2) enroll the eligible land in the initiative under a contract described in subsection (e).
(e) Grassland conservation contract
(1) In general
Notwithstanding
(A) to meet or exceed the stewardship threshold for not less than 1 priority resource concern by the date on which the contract expires; and
(B) to comply with the terms and conditions of the contract.
(2) Terms
A grassland conservation contract entered into under this section shall—
(A)(i) be for a single 5-year term; and
(ii) not be subject to renewal or reenrollment under
(B) be subject to
(3) Early termination
The Secretary shall allow a producer that enters into a grassland conservation contract under this section—
(A) to terminate the contract at any time; and
(B) to retain payments already received under the contract.
(f) Grassland conservation plan
The grassland conservation plan developed for eligible land shall be limited to—
(1) eligible land; and
(2) resource concerns and activities relating to grassland.
(g) Payments
(1) In general
Beginning in fiscal year 2019, of the funds made available for this subpart under
(2) Payment noneligibility
A grassland conservation contract under this section shall not be—
(A) eligible for payments under
(B) subject to the payment limitations under this subpart.
(3) Limitation
The amount of an annual payment under this subsection shall be $18 per acre, not to exceed the number of base acres on a farm.
(h) Considered planted
The Secretary shall consider land enrolled under a grassland conservation contract under this section during a crop year to be planted or considered planted to a covered commodity (as defined in
(i) Other contracts
A producer with an agricultural operation that contains land eligible under this section and land eligible under
(1) may enroll the land eligible under this section through a contract under this section or under
(2) shall not be prohibited from enrolling the land eligible under
(
Editorial Notes
References in Text
The Agriculture Improvement Act of 2018, referred to in subsec. (g)(1), is
Part V—Other Conservation Programs
§3839bb. Conservation of private grazing land
(a) Purpose
It is the purpose of this section to authorize the Secretary to provide a coordinated technical, educational, and related assistance program to conserve and enhance private grazing land resources and provide related benefits to all citizens of the United States by—
(1) establishing a coordinated and cooperative Federal, State, and local grazing conservation program for management of private grazing land;
(2) strengthening technical, educational, and related assistance programs that provide assistance to owners and managers of private grazing land;
(3) conserving and improving wildlife habitat on private grazing land;
(4) conserving and improving fish habitat and aquatic systems through grazing land conservation treatment;
(5) protecting and improving water quality;
(6) improving the dependability and consistency of water supplies;
(7) identifying and managing weed, noxious weed, and brush encroachment problems on private grazing land; and
(8) integrating conservation planning and management decisions by owners and managers of private grazing land, on a voluntary basis.
(b) Definitions
In this section:
(1) Department
The term "Department" means the Department of Agriculture.
(2) Private grazing land
The term "private grazing land" means private, State-owned, tribally-owned, and any other non-federally owned rangeland, pastureland, grazed forest land, and hay land.
(3) Secretary
The term "Secretary" means the Secretary of Agriculture.
(c) Private grazing land conservation assistance
(1) Assistance to grazing landowners and others
Subject to the availability of appropriations for this section, the Secretary shall establish a voluntary program to provide technical, educational, and related assistance to owners and managers of private grazing land and public agencies, through local conservation districts, to enable the landowners, managers, and public agencies to voluntarily carry out activities that are consistent with this section, including—
(A) maintaining and improving private grazing land and the multiple values and uses that depend on private grazing land;
(B) implementing grazing land management technologies;
(C) managing resources on private grazing land, including—
(i) planning, managing, and treating private grazing land resources;
(ii) ensuring the long-term sustainability of private grazing land resources;
(iii) harvesting, processing, and marketing private grazing land resources; and
(iv) identifying and managing weed, noxious weed, and brush encroachment problems;
(D) protecting and improving the quality and quantity of water yields from private grazing land;
(E) maintaining and improving wildlife and fish habitat on private grazing land;
(F) enhancing recreational opportunities on private grazing land;
(G) maintaining and improving the aesthetic character of private grazing land;
(H) identifying the opportunities and encouraging the diversification of private grazing land enterprises; and
(I) encouraging the use of sustainable grazing systems, such as year-round, rotational, or managed grazing.
(2) Program elements
(A) Funding
If funding is provided to carry out this section, it shall be provided through a specific line-item in the annual appropriations for the Natural Resources Conservation Service.
(B) Technical assistance and education
Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, at the request of the owners and managers.
(C) Partnerships
In carrying out the program under this section, the Secretary shall provide education and outreach activities through partnerships with—
(i) land-grant colleges and universities (as defined in
(ii) nongovernmental organizations.
(d) Grazing technical assistance self-help
(1) Findings
Congress finds that—
(A) there is a severe lack of technical assistance for farmers and ranchers that graze livestock;
(B) Federal budgetary constraints preclude any significant expansion, and may force a reduction of, current levels of technical support; and
(C) farmers and ranchers have a history of cooperatively working together to address common needs in the promotion of their products and in the drainage of wet areas through drainage districts.
(2) Establishment of grazing demonstration
In accordance with paragraph (3), the Secretary may establish 2 grazing management demonstration districts at the recommendation of the grazing land conservation initiative steering committee.
(3) Procedure
(A) Proposal
Within a reasonable time after the submission of a request of an organization of farmers or ranchers engaged in grazing, the Secretary shall propose that a grazing management district be established.
(B) Funding
The terms and conditions of the funding and operation of the grazing management district shall be proposed by the producers.
(C) Approval
The Secretary shall approve the proposal if the Secretary determines that the proposal—
(i) is reasonable;
(ii) will promote sound grazing practices; and
(iii) contains provisions similar to the provisions contained in the beef promotion and research order issued under
(D) Area included
The area proposed to be included in a grazing management district shall be determined by the Secretary on the basis of an application by farmers or ranchers.
(E) Authorization
The Secretary may use authority under the Agricultural Adjustment Act (
(F) Activities
The activities of a grazing management district shall be scientifically sound activities, as determined by the Secretary in consultation with a technical advisory committee composed of ranchers, farmers, and technical experts.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2002 through 2023.
(
Editorial Notes
References in Text
The Agricultural Adjustment Act, referred to in subsec. (d)(3)(E), is title I of act May 12, 1933, ch. 25,
Codification
Amendments
2018—Subsec. (c)(2)(C).
Subsec. (e).
2014—Subsec. (e).
2008—Subsec. (e).
2002—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839bb–1. Repealed. Pub. L. 113–79, title II, §2707(a), Feb. 7, 2014, 128 Stat. 769
Section,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
§3839bb–2. Grassroots source water protection program
(a) In general
The Secretary shall establish a national grassroots water protection program to more effectively use onsite technical assistance capabilities of each State rural water association that, as of May 13, 2002, operates a wellhead or groundwater protection program in the State.
(b) Funding
(1) Authorization of appropriations
There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2008 through 2023.
(2) Availability of funds
In addition to funds made available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use $5,000,000, to remain available until expended.
(3) Additional funding
In addition to any other funds made available under this subsection, of the funds of the Commodity Credit Corporation, the Secretary shall use—
(A) $5,000,000 beginning in fiscal year 2019, to remain available until expended; and
(B) $1,000,000 beginning in fiscal year 2024, to remain available until expended.
(
Editorial Notes
Codification
Amendments
2023—Subsec. (b)(3).
2018—Subsec. (b)(1).
Subsec. (b)(3).
2014—Subsec. (b).
2008—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839bb–3. Repealed. Pub. L. 113–79, title II, §2708, Feb. 7, 2014, 128 Stat. 770
Section,
§3839bb–4. Repealed. Pub. L. 113–79, title II, §2709(a), Feb. 7, 2014, 128 Stat. 770
Section,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
§3839bb–5. Voluntary public access and habitat incentive program
(a) Establishment
The Secretary shall establish a voluntary public access program under which States and tribal governments may apply for funding to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make that land available for access by the public for wildlife-dependent recreation, including hunting or fishing under programs administered by the States and tribal governments.
(b) Applications
In submitting applications for funding under the program, a State or tribal government shall describe—
(1) the benefits that the State or tribal government intends to achieve by encouraging public access to private farm and ranch land for—
(A) hunting and fishing; and
(B) to the maximum extent practicable, other recreational purposes; and
(2) the methods that will be used to achieve those benefits.
(c) Priority
In approving applications and awarding funding under the program, the Secretary shall give priority to States and tribal governments that propose—
(1) to maximize participation by offering a program the terms of which are likely to meet with widespread acceptance among landowners;
(2) to ensure that land enrolled under the State or tribal government program has appropriate wildlife habitat;
(3) to strengthen wildlife habitat improvement efforts on land enrolled in a conservation reserve enhancement program under
(4) to use additional Federal, State, tribal government, or private resources in carrying out the program; and
(5) to make available to the public the location of land enrolled.
(d) Relationship to other laws
(1) No preemption
Nothing in this section preempts a State or tribal government law, including any State or tribal government liability law.
(2) Effect of inconsistent opening dates for migratory bird hunting
The Secretary shall reduce by 25 percent the amount of funding otherwise determined for a State under the program if the opening dates for migratory bird hunting in the State are not consistent for residents and non-residents.
(e) Regulations
The Secretary shall promulgate such regulations as are necessary to carry out this section.
(f) Funding
(1) Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012, $40,000,000 for the period of fiscal years 2014 through 2018, $50,000,000 for the period of fiscal years 2019 through 2023, and $10,000,000 for fiscal year 2024.
(2) Enhanced public access to wetland reserve easements
To the maximum extent practicable, of the funds made available under paragraph (1), the Secretary shall use $3,000,000 for the period of fiscal years 2019 through 2023 to encourage public access to land covered by wetland reserve easements under
(3) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2013.
(
Editorial Notes
References in Text
Codification
Amendments
2023—Subsec. (f)(1).
2018—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (c)(3).
Subsec. (d)(2).
Subsec. (f)(1).
Subsec. (f)(2), (3).
2014—Subsec. (f)(1).
2013—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Amendment by
Effective Date of 2013 Amendment
Amendment by
Effective Date
Enactment of this section and repeal of
§3839bb–6. Terminal lakes assistance
(a) Definitions
In this section:
(1) Eligible land
The term "eligible land" means privately owned agricultural land (including land in which a State has a property interest as a result of State water law)—
(A) that a landowner voluntarily agrees to sell to a State; and
(B) which—
(i)(I) is ineligible for enrollment as a wetland reserve easement established under the agricultural conservation easement program under subtitle H 1 of the Food Security Act of 1985;
(II) is flooded to—
(aa) an average depth of at least 6.5 feet; or
(bb) a level below which the State determines the management of the water level is beyond the control of the State or landowner; or
(III) is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding);
(ii) is located within a watershed with water rights available for lease or purchase; and
(iii) has been used during at least 5 of the immediately preceding 30 years—
(I) to produce crops or hay; or
(II) as livestock pasture or grazing.
(2) Program
The term "program" means the voluntary land purchase program established under this section.
(3) Terminal lake
The term "terminal lake" means a lake and its associated riparian and watershed resources that is—
(A) considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded; or
(B) considered terminal because it has no natural outlet and is at risk due to a history of consistent Federal assistance to address critical resource conditions, including insufficient water available to meet the needs of the lake, general uses, and water rights.
(b) Assistance
The Secretary shall—
(1) provide grants under subsection (c) for the purchase of eligible land impacted by a terminal lake described in subsection (a)(3)(A); and
(2) provide funds to the Secretary of the Interior pursuant to subsection (e)(2) with assistance in accordance with subsection (d) for terminal lakes described in subsection (a)(3)(B).
(c) Land purchase grants
(1) In general
Using funds provided under subsection (e)(1), the Secretary shall make available land purchase grants to States for the purchase of eligible land in accordance with this subsection.
(2) Implementation
(A) Amount
A land purchase grant shall be in an amount not to exceed the lesser of—
(i) 50 percent of the total purchase price per acre of the eligible land; or
(ii)(I) in the case of eligible land that was used to produce crops or hay, $400 per acre; and
(II) in the case of eligible land that was pasture or grazing land, $200 per acre.
(B) Determination of purchase price
A State purchasing eligible land with a land purchase grant shall ensure, to the maximum extent practicable, that the purchase price of such land reflects the value, if any, of other encumbrances on the eligible land to be purchased, including easements and mineral rights.
(C) Cost-share required
To be eligible to receive a land purchase grant, a State shall provide matching non-Federal funds in an amount equal to 50 percent of the amount described in subparagraph (A), including additional non-Federal funds.
(D) Conditions
To receive a land purchase grant, a State shall agree—
(i) to ensure that any eligible land purchased is—
(I) conveyed in fee simple to the State; and
(II) free from mortgages or other liens at the time title is transferred;
(ii) to maintain ownership of the eligible land in perpetuity;
(iii) to pay (from funds other than grant dollars awarded) any costs associated with the purchase of eligible land under this section, including surveys and legal fees; and
(iv) to keep eligible land in a conserving use, as defined by the Secretary.
(E) Loss of Federal benefits
Eligible land purchased with a grant under this section shall lose eligibility for any benefits under other Federal programs, including—
(i) benefits under title XII of the Food Security Act of 1985 (
(ii) benefits under the Federal Crop Insurance Act (
(iii) covered benefits described in section 1001D(b) of the Food Security Act of 1985 (
(F) Prohibition
Any Federal rights or benefits associated with eligible land prior to purchase by a State may not be transferred to any other land or person in anticipation of or as a result of such purchase.
(d) Water assistance
(1) In general
The Secretary of the Interior, acting through the Commissioner of Reclamation, may use the funds described in subsection (e)(2) to administer and provide financial assistance to carry out this subsection to provide water and assistance to a terminal lake described in subsection (a)(3)(B) through willing sellers or willing participants only—
(A) to lease water;
(B) to purchase land, water appurtenant to the land, and related interests; and
(C) to carry out research, support, and conservation activities for associated fish, wildlife, plant, and habitat resources.
(2) Exclusions
The Secretary of the Interior may not use this subsection to deliver assistance to the Great Salt Lake in Utah, lakes that are considered dry lakes, or other lakes that do not meet the purposes of this section, as determined by the Secretary of the Interior.
(3) Transitional provision
(A) In general
Notwithstanding any other provision of this section, any funds made available before February 7, 2014, under a provision of law described in subparagraph (B) shall remain available using the provisions of law (including regulations) in effect on the day before February 7, 2014.
(B) Described laws
The provisions of law described in this section are—
(i) section 2507 of the Farm Security and Rural Investment Act of 2002 (
(ii) section 207 of the Energy and Water Development Appropriations Act, 2003 (
(iii) section 208 of the Energy and Water Development Appropriations Act, 2006 (
(iv) section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (
(e) Funding
(1) Commodity Credit Corporation
As soon as practicable after February 7, 2014, the Secretary shall transfer to the "Bureau of Reclamation—Water and Related Resources" account $150,000,000 from the funds of the Commodity Credit Corporation to carry out subsection (d), to remain available until expended.
(2) No additional funds
(A) In general
Nothing in this section authorizes any additional funds to carry out this section.
(B) Availability of funds
Any funds made available to carry out this section before December 20, 2018, may remain available until expended.
(f) Termination of authority
The authority provided by this section shall terminate on October 1, 2025.
(
Editorial Notes
References in Text
The Food Security Act of 1985, referred to in subsecs. (a)(1)(B)(i)(I) and (c)(2)(E)(i), is
The Federal Crop Insurance Act, referred to in subsec. (c)(2)(E)(ii), is subtitle A of title V of act Feb. 16, 1938, ch. 30,
Section 2507 of the Farm Security and Rural Investment Act of 2002 (
Section 207 of the Energy and Water Development Appropriations Act, 2003, referred to in subsec. (d)(3)(B)(ii), is section 207 of
Section 208 of the Energy and Water Development Appropriations Act, 2006, referred to in subsec. (d)(3)(B)(iii), is section 208 of
Section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010, referred to in subsec. (d)(3)(B)(iv), is section 208 of
Codification
Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of title XII of
Section was formerly set out as a note under
Amendments
2023—Subsec. (f).
2018—Subsec. (e).
Subsec. (f).
2014—
2011—Subsec. (b).
Subsec. (b)(2).
Subsec. (b)(3).
2009—Subsec. (b)(3).
2008—Subsec. (a).
Subsec. (b).