
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3837]

 
                         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 c--wetlands reserve program
 
Sec. 3837. Wetlands reserve program


(a) Establishment

    The Secretary shall establish a wetlands reserve program to assist 
owners of eligible lands in restoring and protecting wetlands.

(b) Enrollment conditions

                       (1) Maximum enrollment

        The total number of acres enrolled in the wetlands reserve 
    program shall not exceed 975,000 acres.

                      (2) Methods of enrollment

        (A) In general

            Subject to subparagraph (B), effective beginning October 1, 
        1996, to the maximum extent practicable, the Secretary shall 
        enroll into the wetlands reserve program--
                (i) \1/3\ of the acres through the use of permanent 
            easements;
                (ii) \1/3\ of the acres through the use of 30-year 
            easements; and
                (iii) \1/3\ of the acres through the use of restoration 
            cost-share agreements.

        (B) Temporary easements

            Effective beginning October 1, 1996, the Secretary shall not 
        enroll acres in the wetlands reserve program through the use of 
        new permanent easements until the Secretary has enrolled at 
        least 75,000 acres in the program through the use of temporary 
        easements.

        (C) Construction

            For purposes of subparagraph (A), to the maximum extent 
        practicable should be interpreted to mean that acceptance of 
        wetlands reserve program bids may be in proportion to landowner 
        interest expressed in program options.

(c) Eligibility

    For purposes of enrolling land in the wetland reserve established 
under this subpart during the 1991 through 2002 calendar years, land 
shall be eligible to be placed into such reserve if the Secretary, in 
consultation with the Secretary of the Interior at the local level, 
determines that--
        (1) such land maximizes wildlife benefits and wetland values and 
    functions;
        (2) such land is farmed wetland or converted wetland, together 
    with adjacent lands that are functionally dependent on such 
    wetlands, except that converted wetlands where the conversion was 
    not commenced prior to December 23, 1985, shall not be eligible to 
    be enrolled in the program under this section; and
        (3) the likelihood of the successful restoration of such land 
    and the resultant wetland values merit inclusion of such land in the 
    program taking into consideration the cost of such restoration.

(d) Other eligible land

    The Secretary may include in the wetland reserve established under 
this subpart, together with land that is eligible under subsection (c) 
of this section, land that maximizes wildlife benefits and that is--
        (1) farmed wetland and adjoining lands, enrolled in the 
    conservation reserve, with the highest wetland functions and values, 
    and that are likely to return to production after they leave the 
    conservation reserve;
        (2) other wetland of an owner that would not otherwise be 
    eligible if the Secretary determines that the inclusion of such 
    wetland in such easement would significantly add to the functional 
    value of the easement; or
        (3) riparian areas that link wetlands that are protected by 
    easements or some other device or circumstance that achieves the 
    same purpose as an easement.

(e) Ineligible land

    The Secretary may not acquire easements on--
        (1) land that contains timber stands established under the 
    conservation reserve under subpart B; or
        (2) pasture land established to trees under the conservation 
    reserve under subpart B.

(f) Termination of existing contract

    The Secretary may terminate or modify an existing contract entered 
into under section 3831(a) of this title if eligible land that is 
subject to such contract is transferred into the program established by 
this subpart.

(g) Easements

    The Secretary shall enroll lands in the wetland reserve through the 
purchase of easements as provided for in section 3837a of this title.

(Pub. L. 99-198, title XII, Sec. 1237, as added Pub. L. 101-624, title 
XIV, Sec. 1438, Nov. 28, 1990, 104 Stat. 3584; amended Pub. L. 102-237, 
title II, Sec. 204(6), Dec. 13, 1991, 105 Stat. 1855; Pub. L. 103-66, 
title I, Sec. 1402(c), Aug. 10, 1993, 107 Stat. 333; Pub. L. 104-127, 
title III, Sec. 333(a)-(c), Apr. 4, 1996, 110 Stat. 995; Pub. L. 105-
277, div. A, Sec. 101(a) [title VII, Sec. 752], Oct. 21, 1998, 112 Stat. 
2681, 2681-32.)


                               Amendments

    1998--Subsec. (b)(2)(C). Pub. L. 105-277 added subpar. (C).
    1996--Subsec. (b). Pub. L. 104-127, Sec. 333(a), added subsec. (b) 
and struck out heading and text of former subsec. (b). Text read as 
follows: ``The Secretary shall enroll into the wetlands reserve 
program--
        ``(1) a total of not less than 330,000 acres by the end of the 
    1995 calendar year; and
        ``(2) a total of not less than 975,000 acres during the 1991 
    through 2000 calendar years.''
    Subsec. (c). Pub. L. 104-127, Sec. 333(b), substituted ``2002'' for 
``2000'' in introductory provisions, added par. (1), and redesignated 
former pars. (1) and (2) as (2) and (3), respectively.
    Subsec. (d). Pub. L. 104-127, Sec. 333(c), in introductory 
provisions, inserted ``, land that maximizes wildlife benefits and that 
is'' after ``subsection (c) of this section'' and, in par. (2), 
substituted ``or'' for ``and'' at end.
    1993--Subsec. (b). Pub. L. 103-66, Sec. 1402(c)(1), added subsec. 
(b) and struck out former subsec. (b) ``Number of Acres'' which read as 
follows: ``To the extent practicable, the Secretary shall attempt to 
enroll into the wetlands reserve program, 1,000,000 acres of land during 
the 1991 through 1995 calendar years; except that the Secretary may not 
enroll more than 200,000 acres in 1991, 400,000 acres in the 1991 to 
1992 period, 600,000 acres in the 1991 to 1993 period, 800,000 acres in 
the 1991 to 1994 period, and 1,000,000 acres in the 1991 to 1995 
period.''
    Subsec. (c). Pub. L. 103-66, Sec. 1402(c)(2), substituted ``2000'' 
for ``1995''.
    1991--Subsec. (d). Pub. L. 102-237 substituted ``subsection (c)'' 
for ``subsection (d)'' in introductory provisions.


            Effect of 1996 Amendments on Existing Agreements

    Section 333(f) of Pub. L. 104-127 provided that: ``The amendments 
made by this section [amending this section and sections 3837a and 3837c 
of this title] shall not affect the validity or terms of any agreements 
entered into by the Secretary of Agriculture under subchapter C of 
chapter 1 of subtitle D of title XII of the Food Security Act of 1985 
(16 U.S.C. 3837 et seq.) before the date of enactment of this Act [Apr. 
4, 1996] or any payments required to be made in connection with the 
agreements.''
