
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-76 Section 758(a)]
[CITE: 16USC3831]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
       SUBCHAPTER IV--AGRICULTURAL RESOURCES CONSERVATION PROGRAM
 
       Part I--Environmental Conservation Acreage Reserve Program
 
                     subpart b--conservation reserve
 
Sec. 3831. Conservation reserve


(a) In general

    Through the 2002 calendar year, the Secretary shall formulate and 
carry out the enrollment of lands in a conservation reserve program 
through the use of contracts to assist owners and operators of lands 
specified in subsection (b) of this section to conserve and improve the 
soil and water resources of such lands.

(b) Eligible lands

    The Secretary may include in the program established under this 
subpart--
        (1) highly erodible croplands that--
            (A) if permitted to remain untreated could substantially 
        reduce the production capability for future generations; or
            (B) can not be farmed in accordance with a plan under 
        section 3812 of this title;

        (2) marginal pasture lands converted to wetland or established 
    as wildlife habitat prior to November 28, 1990;
        (3) marginal pasture lands to be devoted to trees in or near 
    riparian areas or for similar water quality purposes, not to exceed 
    10 percent of the number of acres of land that is placed in the 
    conservation reserve under this subpart in each of the 1991 through 
    2002 calendar years;
        (4) croplands that are otherwise not eligible--
            (A) if the Secretary determines that (i) such lands 
        contribute to the degradation of water quality or would pose an 
        on-site or off-site environmental threat to water quality if 
        permitted to remain in agricultural production, and (ii) water 
        quality objectives with respect to such land cannot be achieved 
        under the water quality incentives program established under 
        part II of this subchapter;
            (B) if such croplands are newly-created, permanent grass sod 
        waterways, or are contour grass sod strips established and 
        maintained as part of an approved conservation plan;
            (C) that will be devoted to newly established living snow 
        fences, permanent wildlife habitat, windbreaks, shelterbelts, or 
        filterstrips devoted to trees or shrubs; or
            (D) if the Secretary determines that such lands pose an off-
        farm environmental threat, or pose a threat of continued 
        degradation of productivity due to soil salinity, if permitted 
        to remain in production.

(c) Certain land affected by secretarial action

    For purposes of determining the eligibility of land to be placed in 
the conservation reserve established under this subpart, land shall be 
considered planted to an agricultural commodity during a crop year if an 
action of the Secretary prevented land from being planted to the 
commodity during the crop year.

(d) Maximum enrollment

    The Secretary may maintain up to 36,400,000 acres in the 
conservation reserve at any one time during the 1986 through 2002 
calendar years (including contracts extended by the Secretary pursuant 
to section 1437(c) of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (Public Law 101-624; 16 U.S.C. 3831 note)).

(e) Duration of contract

                           (1) In general

        For the purpose of carrying out this subpart, the Secretary 
    shall enter into contracts of not less than 10, nor more than 15, 
    years.

                          (2) Certain lands

        In the case of land devoted to hardwood trees, shelterbelts, 
    windbreaks, or wildlife corridors under a contract entered into 
    under this subpart after October 1, 1990, and land devoted to such 
    uses under contracts modified under section 3835A of this title, the 
    owner or operator of such land may, within the limitations 
    prescribed under this section, specify the duration of the contract. 
    The Secretary may, in the case of land that is devoted to hardwood 
    trees under a contract entered into under this subpart prior to 
    October 1, 1990, extend such contract for not to exceed 5 years, as 
    agreed to by the owner or operator of such land and the Secretary.

(f) Conservation priority areas

                           (1) Designation

        Upon application by the appropriate State agency, the Secretary 
    shall designate watershed areas of the Chesapeake Bay Region 
    (Pennsylvania, Maryland, and Virginia), the Great Lakes Region, the 
    Long Island Sound Region, and other areas of special environmental 
    sensitivity as conservation priority areas.

                       (2) Eligible watersheds

        Watersheds eligible for designation under this subsection shall 
    include areas with actual and significant adverse water quality or 
    habitat impacts related to agricultural production activities.

                           (3) Expiration

        Conservation priority area designation under this subsection 
    shall expire after 5 years, subject to redesignation, except that 
    the Secretary may withdraw a watershed's designation--
            (A) upon application by the appropriate State agency; or
            (B) in the case of areas specified in this subsection, if 
        the Secretary finds that such areas no longer contain actual and 
        significant adverse water quality or habitat impacts related to 
        agricultural production activities.

                        (4) Duty of Secretary

        In utilizing the authority granted under this subsection, the 
    Secretary shall attempt to maximize water quality and habitat 
    benefits in such watersheds by promoting a significant level of 
    enrollment of lands within such watersheds in the program under this 
    subpart by whatever means the Secretary determines appropriate and 
    consistent with the purposes of this subpart.

(g) Multi-year grasses and legumes

    For purposes of this subpart, alfalfa and other multi-year grasses 
and legumes in a rotation practice, approved by the Secretary, shall be 
considered agricultural commodities.

(h) Pilot program for enrollment of wetland and buffer acreage in 
        conservation reserve

                           (1) In general

        During the 2001 and 2002 calendar years, the Secretary shall 
    carry out a pilot program in the States of Iowa, Minnesota, Montana, 
    Nebraska, North Dakota, and South Dakota under which the Secretary 
    shall include eligible acreage described in paragraph (3) in the 
    program established under this subpart.

                   (2) Participation among States

        The Secretary shall ensure, to the maximum extent practicable, 
    that owners and operators in each of the States referred to in 
    paragraph (1) have an equitable opportunity to participate in the 
    pilot program established under this subsection.

                        (3) Eligible acreage

        (A) In general

            Subject to subparagraphs (B) through (D), an owner or 
        operator may enroll in the conservation reserve under this 
        subsection--
                (i) a wetland (including a converted wetland described 
            in section 3822(b)(1)(A) of this title) that was cropped 
            during at least three of the immediately preceding 10 crop 
            years; and
                (ii) buffer acreage that--
                    (I) is contiguous to the wetland described in clause 
                (i);
                    (II) is used to protect the wetland; and
                    (III) is of such width as the Secretary determines 
                is necessary to protect the wetland, taking into 
                consideration and accommodating the farming practices 
                (including the straightening of boundaries to 
                accommodate machinery) used with respect to the cropland 
                that surrounds the wetland.

        (B) Exclusions

            An owner or operator may not enroll in the conservation 
        reserve under this subsection--
                (i) any wetland, or land on a floodplain, that is, or is 
            adjacent to, a perennial riverine system wetland identified 
            on the final national wetland inventory map of the Secretary 
            of the Interior; or
                (ii) in the case of an area that is not covered by the 
            final national inventory map, any wetland, or land on a 
            floodplain, that is adjacent to a perennial stream 
            identified on a 1-24,000 scale map of the United States 
            Geological Survey.

        (C) Program limitations

            (i) In general

                The Secretary may enroll in the conservation reserve 
            under this subsection--
                    (I) not more than 500,000 acres in all States 
                referred to in paragraph (1); and
                    (II) not more than 150,000 acres in any one State 
                referred to in paragraph (1).
            (ii) Relationship to program maximum

                Subject to clause (iii), for the purposes of subsection 
            (d) of this section, any acreage enrolled in the 
            conservation reserve under this subsection shall be 
            considered acres maintained in the conservation reserve.
            (iii) Relationship to other enrolled acreage

                Acreage enrolled under this subsection shall not affect 
            for any fiscal year the quantity of--
                    (I) acreage enrolled to establish conservation 
                buffers as part of the program announced on March 24, 
                1998 (63 Fed. Reg. 14109); or
                    (II) acreage enrolled into the conservation reserve 
                enhancement program announced on May 27, 1998 (63 Fed. 
                Reg. 28965).

        (D) Owner or operator limitations

            (i) Wetland

                The maximum size of any wetland described in 
            subparagraph (A)(i) of an owner or operator enrolled in the 
            conservation reserve under this subsection shall be 5 
            contiguous acres.
            (ii) Buffer acreage

                The maximum size of any buffer acreage described in 
            subparagraph (A)(ii) of an owner or operator enrolled in the 
            conservation reserve under this subsection shall be the 
            greater of--
                    (I) three times the size of any wetland described in 
                subparagraph (A)(i) to which the buffer acreage is 
                contiguous; or
                    (II) 150 feet on either side of the wetland.
            (iii) Tracts

                The maximum size of any eligible acreage described in 
            subparagraph (A) in a tract (as determined by the Secretary) 
            of an owner or operator enrolled in the conservation reserve 
            under this subsection shall be 40 acres.

                 (4) Duties of owners and operators

        Under a contract entered into under this subsection, during the 
    term of the contract, an owner or operator of a farm or ranch must 
    agree--
            (A) to restore the hydrology of the wetland within the 
        eligible acreage to the maximum extent practicable, as 
        determined by the Secretary;
            (B) to establish vegetative cover on the eligible acreage, 
        as determined by the Secretary; and
            (C) to carry out other duties described in section 3832 of 
        this title.

                     (5) Duties of the Secretary

        (A) In general

            Except as provided in subparagraphs (B) and (C), in return 
        for a contract entered into by an owner or operator under this 
        subsection, the Secretary shall make payments and provide 
        assistance to the owner or operator in accordance with sections 
        3833 and 3834 of this title.

        (B) Continuous signup

            The Secretary shall use continuous signup under section 
        3834(c)(2)(B) of this title to determine the acceptability of 
        contract offers and the amount of rental payments under this 
        subsection.

        (C) Incentives

            The amounts payable to owners and operators in the form of 
        rental payments under contracts entered into under this 
        subsection shall reflect incentives that are provided to owners 
        and operators to enroll filterstrips in the conservation reserve 
        under section 3834 of this title.

(Pub. L. 99-198, title XII, Sec. 1231, Dec. 23, 1985, 99 Stat. 1509; 
Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 643], Oct. 18, 1986, 100 
Stat. 1783, 1783-36, and Pub. L. 99-591, Sec. 101(a) [title VI, 
Sec. 643], Oct. 30, 1986, 100 Stat. 3341, 3341-36; Pub. L. 99-641, title 
II, Sec. 205, Nov. 10, 1986, 100 Stat. 3563; Pub. L. 101-624, title XIV, 
Secs. 1432(2), 1447(a), Nov. 28, 1990, 104 Stat. 3577, 3605; Pub. L. 
102-324, Sec. 1(a), July 22, 1992, 106 Stat. 447; Pub. L. 103-66, title 
I, Sec. 1402(b), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104-127, title 
III, Sec. 332(a)(1), (b), Apr. 4, 1996, 110 Stat. 994; Pub. L. 106-387, 
Sec. 1(a) [title XI, Sec. 1102(a)], Oct. 28, 2000, 114 Stat. 1549, 
1549A-75.)

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


                               Amendments

    2000--Subsec. (h). Pub. L. 106-387 added subsec. (h).
    1996--Subsecs. (a), (b)(3). Pub. L. 104-127, Sec. 332(a)(1), 
substituted ``2002'' for ``1995''.
    Subsec. (d). Pub. L. 104-127, Sec. 332(b), added subsec. (d) and 
struck out heading and text of former subsec. (d). Text read as follows: 
``The Secretary shall enter into contracts under this section to place 
in the conservation reserve a total of 38,000,000 acres during the 1986 
through 1995 calendar years. In enrolling such acres, the Secretary 
shall reserve 1 million acres for enrollment under this section in the 
1995 calendar year.''
    1993--Subsec. (d). Pub. L. 103-66 in first sentence substituted 
``shall'' for ``may'' after ``The Secretary'' and ``a total of 
38,000,000 acres during the 1986 through 1995 calendar years'' for ``the 
amount of acres specified in section 3830(b) of this title'' and in 
second sentence substituted ``the 1995 calendar year'' for ``each of 
calendar years 1994 and 1995''.
    1992--Subsec. (b)(4)(C). Pub. L. 102-324 struck out ``, and made 
subject to an easement for the useful life of,'' after ``will be devoted 
to''.
    1990--Pub. L. 101-624, Sec. 1432(2), amended section generally, 
adding subsecs. (b), (c), (d), (e)(2), and (f), amending subsec. (a) by 
extending applicability of provisions from 1990 through 1995 and 
substituting reference to lands specified in subsec. (b) for reference 
to highly erodible cropland, redesignating subsec. (e) as subsec. 
(e)(1), and redesignating subsec. (f) as (g).
    Pub. L. 101-624, Sec. 1447(a), substituted ``this subpart'' for 
``this subchapter'' wherever appearing in this section as it existed 
prior to enactment of Pub. L. 101-624.
    1986--Subsec. (f). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-
641 made substantially identical amendments adding subsec. (f).


                               Regulations

    Pub. L. 106-387, Sec. 1(a) [title XI, Sec. 1105], Oct. 28, 2000, 114 
Stat. 1549, 1549A-78, provided that:
    ``(a) In General.--As soon as practicable after the date of 
enactment of this Act [Oct. 28, 2000], the Secretary of Agriculture 
shall promulgate such regulations as are necessary to implement the 
amendments made by this Act [probably means `this title', amending this 
section and section 3832 of this title].
    ``(b) Procedure.--The promulgation of the regulations and 
administration of the amendments made by this Act shall be made without 
regard to--
        ``(1) the notice and comment provisions of section 553 of title 
    5, United States Code;
        ``(2) the Statement of Policy of the Secretary of Agriculture 
    effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of 
    proposed rulemaking and public participation in rulemaking; and
        ``(3) chapter 35 of title 44, United States Code (commonly known 
    as the `Paperwork Reduction Act').
    ``(c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.''


                    Study of Impact of Pilot Program

    Pub. L. 106-387, Sec. 1(a) [title XI, Sec. 1104], Oct. 28, 2000, 114 
Stat. 1549, 1549A-78, provided that:
    ``(a) In General.--The Secretary of Agriculture shall conduct a 
study of the impact of the pilot program established under section 
1231(h) of the Food Security Act of 1985 (16 U.S.C. 3831(h)) (as added 
by section 1102(a)) on--
        ``(1) enrollment of owners and operators in--
            ``(A) the conservation reserve program established under 
        subchapter B of chapter 1 of subtitle D of title XII of that Act 
        (16 U.S.C. 3831 et seq.);
            ``(B) the wetlands reserve program established under 
        subchapter C of chapter 1 of subtitle D of title XII of that Act 
        (16 U.S.C. 3837 et seq.); and
            ``(C) other Federal and State conservation programs;
        ``(2) types of environmentally sensitive acreage that have not 
    been enrolled in the wetlands reserve program; and
        ``(3) conservation of soil, water, and related natural 
    resources, including grazing land, wetland, and wildlife habitat.
    ``(b) Reports.--Not later than March 1, 2003, 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 results of the study.''


   Study of Land Use for Expiring Contracts and Extension of Authority

    Section 1437 of Pub. L. 101-624 provided that:
    ``(a) In General.--The Secretary of Agriculture shall conduct a 
study of cropland subject to expiring conservation reserve contracts 
entered into prior to the date of enactment of this Act [Nov. 28, 1990] 
under subtitle D of title XII of the Food Security Act of 1985 (16 
U.S.C. 3831 et seq.). Such study shall include the consideration of--
        ``(1) the environmental benefits of such lands that remain out 
    of crop production as compared to the economic benefits that would 
    result from returning such lands to production under adequate 
    stewardship and management;
        ``(2) the renewal of the contracts in a manner that allows for 
    certain sustainable economic uses of cropland in return for lower 
    rental payments;
        ``(3) the purchase of permanent easements permitting specified 
    economic uses of cropland subject to the contracts;
        ``(4) the purchase of the cropland subject to the contracts;
        ``(5) the preservation of crop acreage bases associated with 
    cropland subject to the contracts if the owner or operator continues 
    to devote the cropland to conserving uses;
        ``(6) the purchase of crop acreage bases associated with 
    cropland subject to the contracts; and
        ``(7) the expiration of the contracts.
    ``(b) Report.--Not later than December 31, 1993, the Secretary of 
Agriculture shall prepare and submit to the Committee on Agriculture of 
the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report concerning the results of 
the study conducted under subsection (a) and recommendations concerning 
the treatment of lands subject to expiring contracts under subtitle D of 
title XII of the Food Security Act of 1985 [16 U.S.C. 3831 et seq.], 
proposed legislation addressing the treatment of such lands, and the 
projected cost of such treatment.
    ``(c) Extensions.--During the 1996 through 2000 calendar years, the 
Secretary of Agriculture may--
        ``(1) extend up to 10 years contracts entered into under 
    subchapter B of chapter 1 of subtitle D of title XII of the Food 
    Security Act of 1985 (16 U.S.C. 3831) [16 U.S.C. 3831 et seq.] prior 
    to the date of enactment of this Act [Nov. 28, 1990]; or
        ``(2) purchase long-term or permanent easements as provided for 
    in chapter 3 [16 U.S.C. 3839 et seq.];
at the option of the owner or operator on land that the Secretary has 
determined under the study conducted under subsection (a) should remain 
in conserving uses.''


                     Existing Conservation Programs

    Pub. L. 99-263, Mar. 24, 1986, 100 Stat. 59, provided: ``That the 
conservation reserve program shall not replace or reduce any existing 
conservation program.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3832, 3837, 3839 of this 
title; title 7 sections 7211, 7212.
