
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: 16USC3835]

 
                         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. 3835. Contracts


(a) Ownership or operation requirement

    (1) No contract shall be entered into under this subpart concerning 
land with respect to which the ownership has changed in the 1-year 
period preceding the first year of the contract period unless--
        (A) the new ownership was acquired by will or succession as a 
    result of the death of the previous owner;
        (B) the new ownership was acquired before January 1, 1985;
        (C) the Secretary determines that the land was acquired under 
    circumstances that give adequate assurance that such land was not 
    acquired for the purpose of placing it in the program established by 
    this subpart; or
        (D) the ownership change occurred due to foreclosure on the land 
    and the owner of the land immediately before the foreclosure 
    exercises a right of redemption from the mortgage holder in 
    accordance with State law.

    (2) Paragraph (1) shall not--
        (A) prohibit the continuation of an agreement by a new owner 
    after an agreement has been entered into under this subpart; or
        (B) require a person to own the land as a condition of 
    eligibility for entering into the contract if the person--
            (i) has operated the land to be covered by a contract under 
        this section for at least 1 year preceding the date of the 
        contract or since January 1, 1985, whichever is later; and
            (ii) controls the land for the contract period.

(b) Sales or transfers; options

    If during the term of a contract entered into under this subpart an 
owner or operator of land subject to such contract sells or otherwise 
transfers the ownership or right of occupancy of such land, the new 
owner or operator of such land may--
        (1) continue such contract under the same terms or conditions;
        (2) enter into a new contract in accordance with this subpart; 
    or
        (3) elect not to participate in the program established by this 
    subpart.

(c) Modification; waiver

    (1) The Secretary may modify a contract entered into with an owner 
or operator under this subpart if--
        (A) the owner or operator agrees to such modification; and
        (B) the Secretary determines that such modification is 
    desirable--
            (i) to carry out this subpart;
            (ii) to facilitate the practical administration of this 
        subpart; or
            (iii) to achieve such other goals as the Secretary 
        determines are appropriate, consistent with this subpart.

    (2) The Secretary may modify or waive a term or condition of a 
contract entered into under this subpart in order to permit all or part 
of the land subject to such contract to be devoted to the production of 
an agricultural commodity during a crop year, subject to such conditions 
as the Secretary determines are appropriate.

(d) Termination; notice to Congressional Committees

    (1) The Secretary may terminate a contract entered into with an 
owner or operator under this subpart if--
        (A) the owner or operator agrees to such termination; and
        (B) the Secretary determines that such termination would be in 
    the public interest.

    (2) At least 90 days before taking any action to terminate under 
paragraph (1) all conservation reserve contracts entered into under this 
subpart, the Secretary shall provide written notice of such action to 
the Committee on Agriculture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate.

(e) Termination by owner or operator

                  (1) Early termination authorized

        Subject to the other provisions of this subsection, the 
    Secretary shall allow a participant who entered into a contract 
    before January 1, 1995, to terminate the contract at any time if the 
    contract has been in effect for at least 5 years. The termination 
    shall not relieve the participant of liability for a contract 
    violation occurring before the date of the termination. The 
    participant shall provide the Secretary with reasonable notice of 
    the participant's desire to terminate the contract.

                     (2) Certain lands excepted

        The following lands shall not be subject to an early termination 
    of contract under this subsection:
            (A) Filterstrips, waterways, strips adjacent to riparian 
        areas, windbreaks, and shelterbelts.
            (B) Land with an erodibility index of more than 15.
            (C) Other lands of high environmental value (including 
        wetlands), as determined by the Secretary.

                         (3) Effective date

        The contract termination shall become effective 60 days after 
    the date on which the owner or operator submits the notice required 
    under paragraph (1).

                     (4) Prorated rental payment

        If a contract entered into under this subpart is terminated 
    under this subsection before the end of the fiscal year for which a 
    rental payment is due, the Secretary shall provide a prorated rental 
    payment covering the portion of the fiscal year during which the 
    contract was in effect.

                       (5) Renewed enrollment

        The termination of a contract entered into under this subpart 
    shall not affect the ability of the owner or operator who requested 
    the termination to submit a subsequent bid to enroll the land that 
    was subject to the contract into the conservation reserve.

                    (6) Conservation requirements

        If land that was subject to a contract is returned to production 
    of an agricultural commodity, the conservation requirements under 
    subchapters II and III of this chapter shall apply to the use of the 
    land to the extent that the requirements are similar to those 
    requirements imposed on other similar lands in the area, except that 
    the requirements may not be more onerous than the requirements 
    imposed on other lands.

(Pub. L. 99-198, title XII, Sec. 1235, Dec. 23, 1985, 99 Stat. 1513; 
Pub. L. 100-233, title VIII, Sec. 801, Jan. 6, 1988, 101 Stat. 1710; 
Pub. L. 101-624, title XIV, Sec. 1447(a), Nov. 28, 1990, 104 Stat. 3605; 
Pub. L. 104-127, title III, Sec. 332(c), Apr. 4, 1996, 110 Stat. 994.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-127, Sec. 332(c)(1)(A), 
substituted ``1-year'' for ``3-year'' in introductory provisions.
    Subsec. (a)(2)(B)(i). Pub. L. 104-127, Sec. 332(c)(1)(B), 
substituted ``1 year'' for ``3 years''.
    Subsec. (e). Pub. L. 104-127, Sec. 332(c)(2), added subsec. (e).
    1990--Pub. L. 101-624, Sec. 1447(a), substituted reference to this 
subpart for reference to this subchapter wherever appearing.
    1988--Subsec. (a)(1)(D). Pub. L. 100-233 added subpar. (D).


                          Conservation Reserve

    Pub. L. 100-45, Sec. 10, May 27, 1987, 101 Stat. 323, provided that: 
``Section 1235(a) of the Food Security Act of 1985 [16 U.S.C. 3835(a)] 
should be reviewed by the Secretary of Agriculture to ensure that the 
provisions thereof relating to exceptions to the three-year ownership 
requirement with respect to eligibility for the conservation reserve are 
being implemented in a manner to encourage inclusion of producer-owned 
land in the conservation reserve. However, any such exception to the 
three-year requirement should be made only if the Secretary determines 
that the land involved (1) was not acquired for the purpose of placing 
the land in the conservation reserve or (2) otherwise meets the criteria 
for exceptions made under section 1235(a).''
