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).