
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: 16USC3835a]

 
                         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. 3835a. Conversion of land subject to contract to other 
        conserving uses
        

(a) Conversion to trees

                           (1) In general

        The Secretary shall permit an owner or operator who has entered 
    into a contract under this subpart that is in effect on November 28, 
    1990, to convert areas of highly erodible cropland that are subject 
    to such contract, and that are devoted to vegetative cover, from 
    such use to hardwood trees, windbreaks, shelterbelts, or wildlife 
    corridors.

                              (2) Terms

        (A) Extension of contract

            With respect to a contract that is modified under this 
        section that provides for the planting of hardwood trees, 
        windbreaks, shelterbelts, or wildlife corridors, if the original 
        term of the contract was less than 15 years, the owner or 
        operator may extend the contract to a term of not to exceed 15 
        years.

        (B) Cost share assistance

            The Secretary shall pay 50 percent of the cost of 
        establishing conservation measures and practices authorized 
        under this subsection for which the Secretary determines the 
        cost sharing is appropriate and in the public interest.

(b) Conversion to wetlands

    The Secretary shall permit an owner or operator who has entered into 
a contract under this subpart that is in effect on November 28, 1990, to 
restore areas of highly erodible cropland that are devoted to vegetative 
cover under such contract to wetlands if--
        (1) such areas are prior converted wetlands;
        (2) the owner or operator of such areas enters into an agreement 
    to provide the Secretary with a long-term or permanent easement 
    under subpart C covering such areas;
        (3) there is a high probability that the prior converted area 
    can be successfully restored to wetland status; and
        (4) the restoration of such areas otherwise meets the 
    requirements of subpart C.

(c) Limitation

    The Secretary shall not incur, through a conversion under this 
section, any additional expense on such acres, including the expense 
involved in the original establishment of the vegetative cover, that 
would result in cost share for costs in excess of the costs that would 
have been subject to cost share for the new practice had that practice 
been the original practice.

(d) Condition of contract

    An owner or operator shall as a condition of entering into a 
contract under subsection (a) of this section participate in the Forest 
Stewardship Program established under section 2103a of this title.

(Pub. L. 99-198, title XII, Sec. 1235A, as added Pub. L. 101-624, title 
XIV, Sec. 1435, Nov. 28, 1990, 104 Stat. 3582; amended Pub. L. 102-324, 
Sec. 1(b), July 22, 1992, 106 Stat. 447.)


                               Amendments

    1992--Subsec. (a)(2). Pub. L. 102-324 added subpar. (A), 
redesignated subpar. (C) as (B), and struck out former subpars. (A) and 
(B). Prior to amendment, subpars. (A) and (B) read as follows:
    ``(A) Extension of contract.--With respect to any contract on land 
to be devoted to hardwood trees, windbreaks, shelterbelts, or wildlife 
corridors under this section, if the original term of such contract was 
less than 15 years, the owner or operator may extend such contract to a 
term of not to exceed 15 years.
    ``(B) Easements.--If such areas are converted to windbreaks, 
shelterbelts, or wildlife corridors under this section, the owner of 
such land shall enter into an agreement to provide a conservation 
easement to the Secretary for the useful life of such plantings.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3831, 3834 of this title.
