
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: 16USC3837a]

 
                         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. 3837a. Easements and agreements


(a) In general

    To be eligible to place land into the wetland reserve under this 
subpart, the owner of such land shall enter into an agreement with the 
Secretary--
        (1) to grant an easement on such land to the Secretary;
        (2) to implement a wetland easement conservation plan as 
    provided for in this section;
        (3) to create and record an appropriate deed restriction in 
    accordance with applicable State law to reflect the easement agreed 
    to under this subpart with respect to such lands; and
        (4) to provide a written statement of consent to such easement 
    signed by those holding a security interest in the land.

(b) Terms of easement

    An owner granting an easement under subsection (a) of this section 
shall be required to provide for the restoration and protection of the 
functional values of wetland pursuant to a wetland easement conservation 
plan that--
        (1) permits--
            (A) repairs, improvements, and inspections on such land that 
        are necessary to maintain existing public drainage systems if 
        such land is subsequently restored to the condition required by 
        the terms of the easement; and
            (B) landowners to control public access on the easement 
        areas while identifying access routes to be used for wetland 
        restoration activities and management and easement monitoring;

        (2) prohibits--
            (A) the alteration of wildlife habitat and other natural 
        features of such land, unless specifically permitted by the 
        plan;
            (B) the spraying of such land with chemicals or the mowing 
        of such land, except where such spraying or mowing is permitted 
        by the plan or is necessary--
                (i) to comply with Federal or State noxious weed control 
            laws; or
                (ii) to comply with a Federal or State emergency pest 
            treatment program; and

            (C) any activities to be carried out on such participating 
        landowner's or successor's land that is immediately adjacent to, 
        and functionally related to, the land that is subject to the 
        easement if such activities will alter, degrade, or otherwise 
        diminish the functional value of the eligible land; and
            (D) the adoption of any other practice that would tend to 
        defeat the purposes of this subpart, as determined by the 
        Secretary;

        (3) provides for the efficient and effective restoration of the 
    functional values of wetlands; and
        (4) includes such additional provisions as the Secretary 
    determines are desirable to carry out this subpart or to facilitate 
    the practical administration thereof.

(c) Restoration plans

    The development of a restoration plan, including any compatible use, 
under this section shall be made through the local Natural Resources 
Conservation Service representative, in consultation with the State 
technical committee.

(d) Compatible uses

    Wetland reserve program lands may be used for compatible economic 
uses, including such activities as hunting and fishing, managed timber 
harvest, or periodic haying or grazing, if such use is specifically 
permitted by the plan and consistent with the long-term protection and 
enhancement of the wetlands resources for which the easement was 
established.

(e) Type and length of easement

    A conservation easement granted under this section--
        (1) shall be in a recordable form; and
        (2) shall be for 30 years, permanent, or the maximum duration 
    allowed under applicable State laws.

(f) Compensation

    Compensation for easements acquired by the Secretary under this 
subpart shall be made in cash in such amount as is agreed to and 
specified in the easement agreement, but not to exceed the fair market 
value of the land less the fair market value of such land encumbered by 
the easement. Lands may be enrolled through the submission of bids under 
a procedure established by the Secretary. Compensation may be provided 
in not less than 5, nor more than 30, annual payments of equal or 
unequal size, as agreed to by the owner and the Secretary.

(g) Violation

    On the violation of the terms or conditions of the easement or 
related agreement entered into under subsection (a) of this section, the 
easement shall remain in force and the Secretary may require the owner 
to refund all or part of any payments received by the owner under this 
subpart, together with interest thereon as determined appropriate by the 
Secretary.

(h) Restoration cost-share agreements

    The Secretary may enroll land into the wetlands reserve program 
through an agreement that requires the landowner to restore wetlands on 
the land, if the agreement does not provide the Secretary with an 
easement.

(Pub. L. 99-198, title XII, Sec. 1237A, as added Pub. L. 101-624, title 
XIV, Sec. 1438, Nov. 28, 1990, 104 Stat. 3585; amended Pub. L. 104-127, 
title III, Sec. 333(d), Apr. 4, 1996, 110 Stat. 996.)


                               Amendments

    1996--Pub. L. 104-127, Sec. 333(d)(1), inserted ``and agreements'' 
after ``Easements'' in section catchline.
    Subsec. (c). Pub. L. 104-127, Sec. 333(d)(2), added subsec. (c) and 
struck out heading and text of former subsec. (c). Text read as follows:
    ``(1) Plans.--The development of restoration plans under this 
section shall be made through the agreement of the local representative 
of the Soil Conservation Service and a representative of the Fish and 
Wildlife Service. If agreement cannot be reached at the local level 
under the preceding sentence within a reasonable period of time, such 
plans shall be referred to the State Conservationist, who in developing 
such plans under this paragraph, shall consult with the Fish and 
Wildlife Service.
    ``(2) Report.--The State Conservationist and a representative of the 
Fish and Wildlife Service shall report to their respective national 
offices concerning all plans developed under paragraph (1) at the State 
level as a result of an agreement not being reached at the local 
level.''
    Subsec. (f). Pub. L. 104-127, Sec. 333(d)(3), substituted 
``Compensation may be provided in not less than 5, nor more than 30, 
annual payments of equal or unequal size, as agreed to by the owner and 
the Secretary.'' for ``Compensation may be provided in not less than 5 
nor more than 20 annual payments of either equal or unequal size, except 
in the case of a permanent easement, a single lump-sum payment may be 
provided, as agreed on by the owner and the Secretary.''
    Subsec. (h). Pub. L. 104-127, Sec. 333(d)(4), added subsec. (h).


            Effect of 1996 Amendments on Existing Agreements

    Amendments made by section 333 of Pub. L. 104-127 not to affect 
validity or terms of agreements entered into by Secretary of Agriculture 
under this subpart before Apr. 4, 1996, or payments required to be made 
in connection with such agreements, see section 333(f) of Pub. L. 104-
127, set out as a note under section 3837 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3837, 3837c of this title.
