Title 16 — Conservation
Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program
§ 3865d. Administration
Statutory text
Ineligible land
The Secretary may not use program funds for the purposes of acquiring an easement on—
lands owned by an agency of the United States, other than land held in trust for Indian tribes;
lands owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government;
land subject to an easement or deed restriction which, as determined by the Secretary, provides similar protection as would be provided by enrollment in the program; or
lands where the purposes of the program would be undermined due to on-site or off-site conditions, such as risk of hazardous substances, permitted or existing rights of way, infrastructure development, or adjacent land uses.
Priority
In evaluating applications under the program, the Secretary may give priority to land that is currently enrolled in the conservation reserve program in a contract that is set to expire within 1 year and—
in the case of an agricultural land easement, is grassland that would benefit from protection under a long-term easement; and
in the case of a wetland reserve easement, is a wetland or related area with the highest wetland functions and value and is likely to return to production after the land leaves the conservation reserve program.
Subordination, exchange, modification, and termination
Subordination
The Secretary may subordinate any interest in land, or portion of such interest, administered by the Secretary (including for the purposes of utilities and energy transmission services) either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that the subordination—
increases conservation values or has a limited negative effect on conservation values;
minimally affects the acreage subject to the interest in land; and
is in the public interest or furthers the practical administration of the program.
Modification and exchange
Authority
The Secretary may approve a modification or exchange of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—
no reasonable alternative exists and the effect on the interest in land is avoided or minimized to the extent practicable; and
the modification or exchange—
results in equal or increased conservation values;
results in equal or greater economic value to the United States;
is consistent with the original intent of the easement;
is consistent with the purposes of the program; and
is in the public interest or furthers the practical administration of the program.
Limitation
In modifying or exchanging an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity.
Termination
The Secretary may approve a termination of any interest in land, or portion of such interest, administered by the Secretary, directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—
termination is in the interest of the Federal Government;
the United States will be fully compensated for—
the fair market value of the interest in land;
any costs relating to the termination; and
any damages determined appropriate by the Secretary; and
the termination will—
address a compelling public need for which there is no practicable alternative even with avoidance and minimization; and
further the practical administration of the program.
Consent
The Secretary shall obtain consent from the landowner and eligible entity, if applicable, for any subordination, exchange, modification, or termination of interest in land, or portion of such interest, under this subsection.
Notice
At least 90 days before taking any termination action described in paragraph (3), the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
Land enrolled in other programs
Conservation reserve program
The Secretary may terminate or modify a contract entered into under section 3831(a) of this title if eligible land that is subject to such contract is enrolled in an easement under section 3865c(b) of this title.
Other
In accordance with the provisions of subtitle H of title II of the Agricultural Act of 2014, land enrolled in the wetlands reserve program, grassland reserve program, or farmland protection program on the day before , shall be considered enrolled in the program.
Agricultural land easements
A farmer or rancher who owns eligible land subject to an agricultural land easement may enter into a contract under subpart B of part I of subchapter IV.
Compliance with certain requirements
The Secretary may not provide assistance under this subchapter to an eligible entity or owner of eligible land unless the eligible entity or owner agrees, during the crop year for which the assistance is provided—
to comply with applicable conservation requirements under subchapter II; and
to comply with applicable wetland protection requirements under subchapter III.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Food Security Act of 1985
Pub. L. 99–198 title XII § 1265D · 99 Stat. 1354
Enacted · 16 U.S.C. § 3865d
Pub. L. 99–198, title XII, § 1265D, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 742
Source evidence
Code source credit
Pub. L. 99–198, title XII, § 1265D, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 742Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2605(1) · 132 Stat. 4490
Substituted · 16 U.S.C. § 3865d(a)(4)
Pub. L. 115–334, § 2605(1), substituted “permitted” for “proposed”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 115–334, § 2605(1), substituted “permitted” for “proposed”.Enacted provision · exact public law section
(1) in paragraph (a)(4), by striking “proposed” and inserting “permitted”;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2605(2) · 132 Stat. 4490
Added · 16 U.S.C. § 3865d(c)
Pub. L. 115–334, § 2605(2), added subsec. (c)
Struck · 16 U.S.C. § 3865d(c)
Pub. L. 115–334, § 2605(2), struck out former subsec. (c) which allowed the Secretary to subordinate, exchange, modify, or terminate interests in land subject to certain determination, consultation, and notice requirements
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–334, § 2605(2), added subsec. (c) and struck out former subsec. (c) which allowed the Secretary to subordinate, exchange, modify, or terminate interests in land subject to certain determination, consultation, and notice requirements.Enacted provision · exact public law section
(2) by striking subsection (c) and inserting the following: “(c) Subordination, Exchange, Modification, and Termination.— “(1) Subordination.— The Secretary may subordinate any interest in land, or portion of such interest, administered by the Secretary (including for the purposes of utilities and energy transmission services) either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that the subordination— “(A) increases conservation values or has a limited negative effect on conservation values; “(B) minimally affects the acreage subject to the interest in land; and “(C) is in the public interest or furthers the practical administration of the program. “(2) Modification and exchange.— “(A) Authority.— The Secretary may approve a modification or exchange of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that— “(i) no reasonable alternative exists and the effect on the interest in land is avoided or minimized to the extent practicable; and “(ii) the modification or exchange— “(I) results in equal or increased conservation values; “(II) results in equal or greater economic value to the United States; “(III) is consistent with the original intent of the easement; “(IV) is consistent with the purposes of the program; and “(V) is in the public interest or furthers the practical administration of the program. “(B) Limitation.— In modifying or exchanging an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity. “(3) Termination.— The Secretary may approve a termination of any interest in land, or portion of such interest, administered by the Secretary, directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that— “(A) termination is in the interest of the Federal Government; “(B) the United States will be fully compensated for— “(i) the fair market value of the interest in land; “(ii) any costs relating to the termination; and “(iii) any damages determined appropriate by the Secretary; and “(C) the termination will— “(i) address a compelling public need for which there is no practicable alternative even with avoidance and minimization; and “(ii) further the practical administration of the program. “(4) Consent.— The Secretary shall obtain consent from the landowner and eligible entity, if applicable, for any subordination, exchange, modification, or termination of interest in land, or portion of such interest, under this subsection. “(5) Notice.— At least 90 days before taking any termination action described in paragraph (3), the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.” ; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 2605(3)(A) · 132 Stat. 4490
Substituted · 16 U.S.C. § 3865d(d)(1)
Pub. L. 115–334, § 2605(3)(A), substituted “enrolled in an easement under section 3865c(b) of this title” for “transferred into the program”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 115–334, § 2605(3)(A), substituted “enrolled in an easement under section 3865c(b) of this title” for “transferred into the program”.Enacted provision · exact public law section
(A) in paragraph (1), by striking “transferred into the program” and inserting “enrolled in an easement under section 1265C(b)”; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 2605(3)(B) · 132 Stat. 4490
Added · 16 U.S.C. § 3865d(d)(3)
Pub. L. 115–334, § 2605(3)(B), added par. (3)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 115–334, § 2605(3)(B), added par. (3).Enacted provision · exact public law section
(B) by adding at the end the following: “(3) Agricultural land easements.— A farmer or rancher who owns eligible land subject to an agricultural land easement may enter into a contract under subchapter B of chapter 1 of subtitle D.” .
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Agricultural Act of 2014, referred to in subsec. (d)(2), is Pub. L. 113–79, , 128 Stat. 649. Subtitle H (§§ 2701–2713) of title II of the Act amended sections 3801, 3811, and 3842 of this title, repealed sections 3830, 3831a, 3837 to 3837f, 3838h to 3838j, 3838n to 3838q, 3839 to 3839d, 3839aa–9, 3839bb–1, 3839bb–3, and 3839bb–4 of this title, and enacted provisions set out as notes under sections 3801, 3831a, 3837, 3838h, 3838n, 3839aa–9, 3839bb–1, 3839bb–4, and 3843 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9001 of Title 7, Agriculture, and Tables.
Amendments
2018—Subsec. (a)(4). Pub. L. 115–334, § 2605(1), substituted “permitted” for “proposed”.
Subsec. (c). Pub. L. 115–334, § 2605(2), added subsec. (c) and struck out former subsec. (c) which allowed the Secretary to subordinate, exchange, modify, or terminate interests in land subject to certain determination, consultation, and notice requirements.
Subsec. (d)(1). Pub. L. 115–334, § 2605(3)(A), substituted “enrolled in an easement under section 3865c(b) of this title” for “transferred into the program”.
Subsec. (d)(3). Pub. L. 115–334, § 2605(3)(B), added par. (3).
Credits
2014–2018 · 2 acts
- 2014Pub. L. 99–198, title XII, § 1265D, as added Pub. L. 113–79, title II, § 2301(a), , 128 Stat. 742
- 2018amended Pub. L. 115–334, title II, § 2605, , 132 Stat. 4591.
Show as published
(Pub. L. 99–198, title XII, § 1265D, as added Pub. L. 113–79, title II, § 2301(a), , 128 Stat. 742; amended Pub. L. 115–334, title II, § 2605, , 132 Stat. 4591.)