
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: 16USC3837c]

 
                         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. 3837c. Duties of Secretary


(a) In general

    In return for the granting of an easement by an owner under this 
subpart, the Secretary shall--
        (1) share the cost of carrying out the establishment of 
    conservation measures and practices, and the protection of the 
    wetland functions and values, as set forth in the plan to the extent 
    that the Secretary determines that cost sharing is appropriate and 
    in the public interest; and
        (2) provide necessary technical assistance to assist owners in 
    complying with the terms and conditions of the easement and the 
    plan.

(b) Cost-share and technical assistance

                            (1) Easements

        Effective beginning October 1, 1996, in making cost-share 
    payments under subsection (a)(1) of this section, the Secretary 
    shall--
            (A) in the case of a permanent easement, pay the owner an 
        amount that is not less than 75 percent, but not more than 100 
        percent, of the eligible costs; and
            (B) in the case of a 30-year easement, pay the owner an 
        amount that is not less than 50 percent, but not more than 75 
        percent, of the eligible costs.

                (2) Restoration cost-share agreements

        In making cost-share payments in connection with a restoration 
    cost-share agreement entered into under section 3837a(h) of this 
    title, the Secretary shall pay the owner an amount that is not less 
    than 50 percent, but not more than 75 percent, of the eligible 
    costs.

                      (3) Technical assistance

        The Secretary shall provide owners with technical assistance to 
    assist owners in complying with the terms of easements and 
    restoration cost-share agreements.

(c) Acceptability of offers

    In determining the acceptability of easement offers, the Secretary 
may take into consideration--
        (1) the extent to which the purposes of the easement program 
    would be achieved on the land;
        (2) the productivity of the land; and
        (3) the on-farm and off-farm environmental threats if the land 
    is used for the production of agricultural commodities.

(d) Easement priority

    In carrying out this subpart, to the extent practicable, taking into 
consideration costs and future agricultural and food needs, the 
Secretary shall give priority to obtaining permanent conservation 
easements before shorter term conservation easements and, in 
consultation with the Secretary of the Interior, shall place priority on 
acquiring easements based on the value of the easement for protecting 
and enhancing habitat for migratory birds and other wildlife.

(Pub. L. 99-198, title XII, Sec. 1237C, as added Pub. L. 101-624, title 
XIV, Sec. 1438, Nov. 28, 1990, 104 Stat. 3587; amended Pub. L. 104-127, 
title III, Sec. 333(e), Apr. 4, 1996, 110 Stat. 996.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-127 added subsec. (b) and struck out 
heading and text of former subsec. (b). Text read as follows: ``In 
making cost share payments under subsection (a)(1) of this section, the 
Secretary shall pay the owner an amount that is not less than 50 percent 
but not more than 75 percent of eligible costs with respect to an 
easement which is not permanent, and not less than 75 percent but not 
more than 100 percent of eligible costs with respect to a permanent 
easement.''


            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.
