
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: 16USC3843]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
                SUBCHAPTER V--FUNDING AND ADMINISTRATION
 
Sec. 3843. Administration


(a) Plans

    The Secretary shall, to the extent practicable, avoid duplication 
in--
        (1) the conservation plans required for--
            (A) highly erodible land conservation under subchapter II of 
        this chapter;
            (B) the conservation reserve program established under 
        subpart B of part I of subchapter IV of this chapter; and
            (C) the wetlands reserve program established under subpart C 
        of part I of subchapter IV of this chapter; and

        (2) the environmental quality incentives program established 
    under part IV of subchapter IV of this chapter.

(b) Acreage limitation

                           (1) In general

        The Secretary shall not enroll more than 25 percent of the 
    cropland in any county in the programs administered under the 
    conservation reserve and wetlands reserve programs established under 
    subparts B and C, respectively, of part I of subchapter IV of this 
    chapter. Not more than 10 percent of the cropland in a county may be 
    subject to an easement acquired under the subparts.

                            (2) Exception

        The Secretary may exceed the limitations in paragraph (1) if the 
    Secretary determines that--
            (A) the action would not adversely affect the local economy 
        of a county; and
            (B) operators in the county are having difficulties 
        complying with conservation plans implemented under section 3812 
        of this title.

                   (3) Shelterbelts and windbreaks

        The limitations established under this subsection shall not 
    apply to cropland that is subject to an easement under part I or III 
    of subchapter IV of this chapter that is used for the establishment 
    of shelterbelts and windbreaks.

(c) Tenant protection

    Except for a person who is a tenant on land that is subject to a 
conservation reserve contract that has been extended by the Secretary, 
the Secretary shall provide adequate safeguards to protect the interests 
of tenants and sharecroppers, including provision for sharing, on a fair 
and equitable basis, in payments under the programs established under 
subchapters II through IV of this chapter.

(d) Provision of technical assistance by other sources

    In the preparation and application of a conservation compliance plan 
under subchapter II of this chapter or similar plan required as a 
condition for assistance from the Department of Agriculture, the 
Secretary shall permit persons to secure technical assistance from 
approved sources, as determined by the Secretary, other than the Natural 
Resources Conservation Service. If the Secretary rejects a technical 
determination made by such a source, the basis of the Secretary's 
determination must be supported by documented evidence.

(e) Regulations

    Not later than 90 days after April 4, 1996, the Secretary shall 
issue regulations to implement the conservation reserve and wetlands 
reserve programs established under part I of subchapter IV of this 
chapter.

(Pub. L. 99-198, title XII, Sec. 1243, as added Pub. L. 104-127, title 
III, Sec. 341, Apr. 4, 1996, 110 Stat. 1008.)


                            Prior Provisions

    Prior sections 3843 to 3845 were omitted in the general amendment of 
this subchapter by Pub. L. 104-127.
    Section 3843, Pub. L. 99-198, title XII, Sec. 1243, Dec. 23, 1985, 
99 Stat. 1515; Pub. L. 101-624, title XIV, Sec. 1442, Nov. 28, 1990, 104 
Stat. 3602, related to administration of this chapter.
    Section 3844, Pub. L. 99-198, title XII, Sec. 1244, Dec. 23, 1985, 
99 Stat. 1515, related to issuance of regulations to carry out 
subchapters I to V of this chapter.
    Section 3845, Pub. L. 99-198, title XII, Sec. 1245, Dec. 23, 1985, 
99 Stat. 1516; Pub. L. 101-624, title XIV, Sec. 1443, Nov. 28, 1990, 104 
Stat. 3602; Pub. L. 102-552, title V, Sec. 516(b)(1), Oct. 28, 1992, 106 
Stat. 4137, related to authorization of appropriations.
    A prior section 3846, Pub. L. 99-198, title XII, Sec. 1246, as added 
Pub. L. 101-624, title XIV, Sec. 1444, Nov. 28, 1990, 104 Stat. 3602, 
directed Secretary to report to Congress on erodible land and wetland 
conservation program, prior to repeal by Pub. L. 104-66, title I, 
Sec. 1011(a), Dec. 21, 1995, 109 Stat. 709.
    A prior section 3847, Pub. L. 99-198, title XII, Sec. 1247, as added 
Pub. L. 101-624, title XIV, Sec. 1445, Nov. 28, 1990, 104 Stat. 3603; 
amended Pub. L. 102-237, title II, Sec. 204(8), Dec. 13, 1991, 105 Stat. 
1855, which related to assistance for control of spread of weeds and 
pests, was omitted in the general amendment of this subchapter by Pub. 
L. 104-127.

                  Section Referred to in Other Sections

    This section is referred to in section 3822 of this title.
