
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: 16USC3839]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
       SUBCHAPTER IV--AGRICULTURAL RESOURCES CONSERVATION PROGRAM
 
                Part III--Environmental Easement Program
 
Sec. 3839. Environmental easement program


(a) Establishment

    The Secretary shall, during the 1991 through 1995 calendar years, 
formulate and carry out an environmental easement program (hereafter in 
this part referred to as the ``easement program'') in accordance with 
this part, through the acquisition of permanent easements or easements 
for the maximum term permitted under applicable State law from willing 
owners of eligible farms or ranches in order to ensure the continued 
long-term protection of environmentally sensitive lands or reduction in 
the degradation of water quality on such farms or ranches through the 
continued conservation and improvement of soil and water resources.

(b) Eligibility; termination

                           (1) In general

        The Secretary may acquire easements under this section on land 
    placed in the conservation reserve under this subchapter (other than 
    such land that is likely to continue to remain out of production and 
    that does not pose an off-farm environmental threat), land under the 
    Water Bank Act [16 U.S.C. 1301 et seq.], or other cropland that--
            (A) contains riparian corridors;
            (B) is an area of critical habitat for wildlife, especially 
        threatened or endangered species; or
            (C) contains other environmentally sensitive areas, as 
        determined by the Secretary, that would prevent a producer from 
        complying with other Federal, State, or local environmental 
        goals if commodities were to be produced on such land.

                         (2) Ineligible land

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

                (3) Termination of existing contract

        The Secretary may terminate or modify any 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 part.

(Pub. L. 99-198, title XII, Sec. 1239, as added Pub. L. 101-624, title 
XIV, Sec. 1440, Nov. 28, 1990, 104 Stat. 3597; amended Pub. L. 102-237, 
title II, Sec. 204(7), Dec. 13, 1991, 105 Stat. 1855.)

                       References in Text

    The Water Bank Act, referred to in subsec. (b)(1), is Pub. L. 91-
559, Dec. 19, 1970, 84 Stat. 1468, as amended, which is classified 
generally to chapter 29 (Sec. 1301 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1301 of this title and Tables.


                               Amendments

    1991--Subsec. (b)(1)(A). Pub. L. 102-237 substituted a semicolon for 
comma after ``corridors''.
