
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3830]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
       SUBCHAPTER IV--AGRICULTURAL RESOURCES CONSERVATION PROGRAM
 
       Part I--Environmental Conservation Acreage Reserve Program
 
                      subpart a--general provisions
 
Sec. 3830. Environmental conservation acreage reserve program


(a) Establishment

                           (1) In general

        During the 1996 through 2002 calendar years, the Secretary shall 
    establish an environmental conservation acreage reserve program 
    (referred to in this section as ``ECARP'') to be implemented through 
    contracts and the acquisition of easements to assist owners and 
    operators of farms and ranches to conserve and enhance soil, water, 
    and related natural resources, including grazing land, wetland, and 
    wildlife habitat.

                              (2) Means

        The Secretary shall carry out the ECARP by--
            (A) providing for the long-term protection of 
        environmentally sensitive land; and
            (B) providing technical and financial assistance to farmers 
        and ranchers to--
                (i) improve the management and operation of the farms 
            and ranches; and
                (ii) reconcile productivity and profitability with 
            protection and enhancement of the environment.

                            (3) Programs

        The ECARP shall consist of--
            (A) the conservation reserve program established under 
        subpart B;
            (B) the wetlands reserve program established under subpart 
        C; and
            (C) the environmental quality incentives program established 
        under part IV of this subchapter.

(b) Administration

                           (1) In general

        In carrying out the ECARP, the Secretary shall enter into 
    contracts with owners and operators and acquire interests in land 
    through easements from owners, as provided in this part and part IV 
    of this subchapter.

                        (2) Prior enrollments

        Acreage enrolled in the conservation reserve or wetlands reserve 
    program prior to April 4, 1996, shall be considered to be placed 
    into the ECARP.

(c) Conservation priority areas

                           (1) Designation

        The Secretary may designate watersheds, multistate areas, or 
    regions of special environmental sensitivity as conservation 
    priority areas that are eligible for enhanced assistance under this 
    part and part IV of this subchapter.

                           (2) Assistance

        The Secretary may designate areas as conservation priority areas 
    to assist, to the maximum extent practicable, agricultural producers 
    within the conservation priority areas to comply with nonpoint 
    source pollution requirements under the Federal Water Pollution 
    Control Act (33 U.S.C. 1251 et seq.) and other Federal and State 
    environmental laws and to meet other conservation needs.

                            (3) Producers

        The Secretary may provide technical assistance, cost-share 
    payments, and incentive payments to producers in a conservation 
    priority area under this part and part IV of this subchapter based 
    on--
            (A) the significance of the soil, water, wildlife habitat, 
        and related natural resource problems in a watershed, multistate 
        area, or region; and
            (B) the structural practices or land management practices 
        that best address the problems, and that maximize environmental 
        benefits for each dollar expended, as determined by the 
        Secretary.

(Pub. L. 99-198, title XII, Sec. 1230, as added Pub. L. 101-624, title 
XIV, Sec. 1431(2), Nov. 28, 1990, 104 Stat. 3576; amended Pub. L. 103-
66, title I, Sec. 1402(a), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104-
127, title III, Sec. 331, Apr. 4, 1996, 110 Stat. 992.)

                       References in Text

    The Federal Water Pollution Control Act, referred to in subsec. 
(c)(2), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified 
generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and 
Navigable Waters. For complete classification of this Act to the Code, 
see Short Title note set out under section 1251 of Title 33 and Tables.


                               Amendments

    1996--Pub. L. 104-127 amended section generally. Prior to amendment, 
section consisted of subsecs. (a) to (c) requiring Secretary to 
establish and implement an Environmental Conservation Acreage Reserve 
Program during 1991 through 1995 calendar years.
    1993--Subsec. (b). Pub. L. 103-66 struck out before period at end 
``to place in the Environmental Conservation Acreage Reserve Program 
during the 1986 through 1995 calendar years a total of not less than 
40,000,000 nor more than 45,000,000 acres''.


                         Conservation Assistance

    Pub. L. 106-224, title II, Sec. 211, June 20, 2000, 114 Stat. 406, 
provided that:
    ``(a) Farmland Protection.--For the purposes described in section 
388 of the Federal Agriculture Improvement and Reform Act of 1996 (16 
U.S.C. 3830 note; Public Law 104-127), the Secretary shall use 
$10,000,000 of funds of the Commodity Credit Corporation to make 
payments to--
        ``(1) any agency of any State or local government, or federally 
    recognized Indian tribe, including farmland protection boards and 
    land resource councils established under State law; and
        ``(2) any organization that--
            ``(A) is organized for, and at all times since the formation 
        of the organization has been operated principally for, one or 
        more of the conservation purposes specified in clause (i), (ii), 
        or (iii) of section 170(h)(4)(A) of the Internal Revenue Code of 
        1986 [26 U.S.C. 170(h)(4)(A)(i)-(iii)];
            ``(B) is an organization described in section 501(c)(3) of 
        that Code [26 U.S.C. 501(c)(3)] that is exempt from taxation 
        under section 501(a) of that Code;
            ``(C) is described in section 509(a)(2) of that Code [26 
        U.S.C. 509(a)(2)]; or
            ``(D) is described in section 509(a)(3) of that Code and is 
        controlled by an organization described in section 509(a)(2) of 
        that Code.
    ``(b) Soil and Water Conservation Assistance.--
        ``(1) Establishment.--The Secretary shall use $40,000,000 of 
    funds of the Commodity Credit Corporation to provide financial 
    assistance to farmers and ranchers to--
            ``(A) address threats to soil, water, and related natural 
        resources, including grazing land, wetland, and wildlife 
        habitat;
            ``(B) comply with Federal and State environmental laws; and
            ``(C) make beneficial, cost-effective changes to cropping 
        systems, grazing management, manure, nutrient, pest, or 
        irrigation management, land uses, or other measures needed to 
        conserve and improve soil, water, and related natural resources.
        ``(2) Type of assistance.--Assistance under this subsection may 
    be made in the form of cost share payments or incentive payments, as 
    determined by the Secretary.
        ``(3) Areas.--The Secretary shall provide assistance under this 
    subsection to areas that are not designated under section 1230(c) of 
    the Food Security Act of 1985 (16 U.S.C. 3830(c)).''


                       Farmland Protection Program

    Section 388 of Pub. L. 104-127 provided that:
    ``(a) In General.--The Secretary of Agriculture shall establish and 
carry out a farmland protection program under which the Secretary shall 
purchase conservation easements or other interests in not less than 
170,000, nor more than 340,000, acres of land with prime, unique, or 
other productive soil that is subject to a pending offer from a State or 
local government for the purpose of protecting topsoil by limiting 
nonagricultural uses of the land.
    ``(b) Conservation Plan.--Any highly erodible cropland for which a 
conservation easement or other interest is purchased under this section 
shall be subject to the requirements of a conservation plan that 
requires, at the option of the Secretary, the conversion of the cropland 
to less intensive uses.
    ``(c) Funding.--The Secretary shall use not more than $35,000,000 of 
the funds of the Commodity Credit Corporation to carry out this 
section.''

                  Section Referred to in Other Sections

    This section is referred to in section 3839aa-3 of this title.
