§ 1997. Conservation easements

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.

1. 1985

   Agricultural Act of 1961

   Pub. L. 87–128 title III § 349 · 75 Stat. 294

   Enacted · 7 U.S.C. § 1997

   Pub. L. 87–128, title III, § 349, as added Pub. L. 99–198, title XIII, § 1318(a), Dec. 23, 1985, 99 Stat. 1530

   Source evidence

   Code source credit
   Pub. L. 87–128, title III, § 349, as added Pub. L. 99–198, title XIII, § 1318(a), Dec. 23, 1985, 99 Stat. 1530

2. 1988

   Agricultural Credit Act of 1987

   Pub. L. 100–233 § 612(1) · 101 Stat. 1568

   Inserted · 7 U.S.C. § 1997(c)(4)

   Pub. L. 100–233, § 612(1), inserted “and other wildlife habitat” after “wetland”

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 100–233, § 612(1), inserted “and other wildlife habitat” after “wetland”.

   Enacted provision · exact public law section
   (1) in subsection (c)(4), by inserting “and other wildlife habitat” after “wetland”; and

3. 1988

   Agricultural Credit Act of 1987

   Pub. L. 100–233 § 612(2) · 101 Stat. 1568

   Inserted · 7 U.S.C. § 1997(e)

   Pub. L. 100–233, § 612(2), inserted “or the difference between the amount of the outstanding loan secured by the land and the current value of the land, whichever is greater” at end of second sentence

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–233, § 612(2), inserted “or the difference between the amount of the outstanding loan secured by the land and the current value of the land, whichever is greater” at end of second sentence.

   Enacted provision · exact public law section
   (2) in subsection (e), by striking out the last period and inserting in lieu thereof the following: “or the difference between the amount of the outstanding loan secured by the land and the current value of the land, whichever is greater.”.

4. 1990

   Rural Economic Development Act of 1990

   Pub. L. 101–624 § 2388(j) · 104 Stat. 3359

   Redesignated · 7 U.S.C. § 1997(a)(4); 7 U.S.C. § 1997(a)(5)

   Pub. L. 101–624, § 2388(j), redesignated par. (5) as (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4), (5). Pub. L. 101–624, § 2388(j), redesignated par. (5) as (4).

   Enacted provision · exact public law section
   (j) Section 349(a) Amendment.— Section 349(a) of such Act (7 U.S.C. 1997(a)) is amended by redesignating paragraph (5) as paragraph (4).

5. 1990

   Food, Agriculture, Conservation, and Trade Act of 1990

   Pub. L. 101–624 § 1815(1)(A) · 104 Stat. 3359

   1. Struck · 7 U.S.C. § 1997(c)

      Pub. L. 101–624, § 1815(1)(A)–(D), (F), (G), in introductory provision, struck out “such property” after “real property if”

   2. Inserted · 7 U.S.C. § 1997(c)

      Pub. L. 101–624, § 1815(1)(A)–(D), (F), (G), in introductory provision, inserted “such property” after par. (1), (2), (3)(A)(i), (3)(B), and (4) designations

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–624, § 1815(1)(A)–(D), (F), (G), in introductory provision, struck out “such property” after “real property if”, and inserted “such property” after par. (1), (2), (3)(A)(i), (3)(B), and (4) designations.

   Enacted provision · exact public law section
   (A) in the matter preceding paragraph (1), by striking “such property”;

6. 1990

   Food, Agriculture, Conservation, and Trade Act of 1990

   Pub. L. 101–624 § 1815(1)(E) · 104 Stat. 3359

   Amended · 7 U.S.C. § 1997(c)(3)(A)(ii)

   Pub. L. 101–624, § 1815(1)(E), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “the borrower of such loan is unable, as determined by the Secretary, to repay such loan in a timely manner; or”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(A)(ii). Pub. L. 101–624, § 1815(1)(E), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “the borrower of such loan is unable, as determined by the Secretary, to repay such loan in a timely manner; or”.

   Enacted provision · exact public law section
   (E) by amending clause (ii) of paragraph (3)(A) to read as follows: “(ii) such easement better enables a qualified borrower to repay the loan in a timely manner, as determined by the Secretary; or”;

7. 1990

   Food, Agriculture, Conservation, and Trade Act of 1990

   Pub. L. 101–624 § 1815(2) · 104 Stat. 3359

   Amended · 7 U.S.C. § 1997(e)

   Pub. L. 101–624, § 1815(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Any such easement acquired by the Secretary shall be purchased from the borrower involved by canceling that part of the aggregate amount of such outstanding loans of the borrower held by the Secretary under laws administered by the Farmers Home Administration that bears the same ratio to the aggregate amount of the outstanding loans of such borrower held by the Secretary under all such laws as the number of acres of the real property of such borrower that are subject to such easement bears to the aggregate number of acres securing such loans. In no case shall the amount so cancelled exceed the value of the land on which the easement is acquired or the difference between the amount of the outstanding loan secured by the land and the current value of the land, whichever is greater.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 101–624, § 1815(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Any such easement acquired by the Secretary shall be purchased from the borrower involved by canceling that part of the aggregate amount of such outstanding loans of the borrower held by the Secretary under laws administered by the Farmers Home Administration that bears the same ratio to the aggregate amount of the outstanding loans of such borrower held by the Secretary under all such laws as the number of acres of the real property of such borrower that are subject to such easement bears to the aggregate number of acres securing such loans. In no case shall the amount so cancelled exceed the value of the land on which the easement is acquired or the difference between the amount of the outstanding loan secured by the land and the current value of the land, whichever is greater.”

   Enacted provision · exact public law section
   (2) by amending subsection (e) to read as follows: “(e) (1) Subject to paragraph (2), the Secretary may purchase any such easement from the borrower— “(A) in the case of a borrower to whom the Secretary has made one or more outstanding loans under laws administered by the Farmers Home Administration, by canceling that part of the aggregate amount of such outstanding loans that bears the same ratio to such aggregate amount as the number of acres of the real property of the borrower that are subject to the easement bears to the aggregate number of acres securing such loans; or “(B) in any other case, by treating as prepaid that part of the principal amount of a new loan to the borrower issued and held by the Secretary under a law administered by the Farmers Home Administration that bears the same ratio to such principal amount as the number of acres of the real property of the borrower that are subject to the easement bears to the aggregate number of acres securing the new loan. “(2) The amount so canceled or treated as prepaid pursuant to paragraph (1) shall not exceed— “(A) in the case of a delinquent loan, the value of the land on which the easement is acquired or the difference between the amount of the outstanding loan secured by the land and the value of the land, whichever is greater; or “(B) in the case of a nondelinquent loan, 33 percent of the amount of the loan secured by the land.”; and

8. 1990

   Food, Agriculture, Conservation, and Trade Act of 1990

   Pub. L. 101–624 § 1815(9) · 104 Stat. 3359

   Struck · 7 U.S.C. § 1997(h)

   Pub. L. 101–624, § 1815(9), struck out subsec. (h) which read as follows: “This section shall not apply with respect to the cancellation of any part of any loan that was made after December 25, 1985.”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 101–624, § 1815(9), struck out subsec. (h) which read as follows: “This section shall not apply with respect to the cancellation of any part of any loan that was made after December 25, 1985.”

   Enacted provision · exact public law section
   (9) by striking subsection (h).

9. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 § 642(1) · 110 Stat. 888

   1. Added · 7 U.S.C. § 1997(b)

      Pub. L. 104–127, § 642(1), added subsec. (b)

   2. Struck · 7 U.S.C. § 1997(b)

      Pub. L. 104–127, § 642(1), struck out former subsec. (b) which read as follows: “Subject to subsection (c) of this section, the Secretary may acquire and retain an easement in real property, for a term of not less than 50 years, for conservation, recreational, and wildlife purposes.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–127, § 642(1), added subsec. (b) and struck out former subsec. (b) which read as follows: “Subject to subsection (c) of this section, the Secretary may acquire and retain an easement in real property, for a term of not less than 50 years, for conservation, recreational, and wildlife purposes.”

   Enacted provision · exact public law section
   (1) by striking subsection (b) and inserting the following: “(b) Contracts on Loan Security Properties.— Subject to subsection (c), the Secretary may enter into a contract related to real property for conservation, recreation, or wildlife purposes.”;

   Effective date note
   Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title.

10. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 642(2)(A) · 110 Stat. 888

    1. Inserted · 7 U.S.C. § 1997(c)

       Pub. L. 104–127, § 642(2)(A), inserted heading

    2. Substituted · 7 U.S.C. § 1997(c)

       Pub. L. 104–127, § 642(2)(A), substituted “The Secretary may enter into a contract under subsection (b) if” for “Such easement may be acquired or retained for real property if”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–127, § 642(2)(A), inserted heading and substituted “The Secretary may enter into a contract under subsection (b) if” for “Such easement may be acquired or retained for real property if”.

    Enacted provision · exact public law section
    (A) by striking “(c) Such easement” and all that follows through “if—” and inserting the following: “(c) Limitations.— The Secretary may enter into a contract under subsection (b) if—”;

    Effective date note
    Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title.

11. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 642(2)(B) · 110 Stat. 888

    Inserted · 7 U.S.C. § 1997(c)(2)

    Pub. L. 104–127, § 642(2)(B), inserted “and” at end

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 104–127, § 642(2)(B), inserted “and” at end.

    Enacted provision · exact public law section
    (B) in paragraph (2), by adding “and” at the end;

    Effective date note
    Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title.

12. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 642(2)(C) · 110 Stat. 888

    1. Struck · 7 U.S.C. § 1997(c)(3)

       Pub. L. 104–127, § 642(2)(C), struck out “(i)” after “(3)(A)”

    2. Substituted · 7 U.S.C. § 1997(c)(3)

       Pub. L. 104–127, § 642(2)(C), substituted “administered by the Secretary” for “administered by the Farmers Home Administration”

    3. Redesignated · 7 U.S.C. § 1997(c)(3)

       Pub. L. 104–127, § 642(2)(C), redesignated cl. (ii) of subpar. (A) as subpar. (B)

    4. Substituted · 7 U.S.C. § 1997(c)(3)

       Pub. L. 104–127, § 642(2)(C), substituted “such contract” for “such easement” and a period for “; or” at end

    5. Struck · 7 U.S.C. § 1997(c)(3)

       Pub. L. 104–127, § 642(2)(C), struck out former subpar. (B) which read as follows: “such property is administered under this chapter by the Secretary; and”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 104–127, § 642(2)(C), struck out “(i)” after “(3)(A)”, substituted “administered by the Secretary” for “administered by the Farmers Home Administration”, redesignated cl. (ii) of subpar. (A) as subpar. (B), substituted “such contract” for “such easement” and a period for “; or” at end, and struck out former subpar. (B) which read as follows: “such property is administered under this chapter by the Secretary; and”.

    Enacted provision · exact public law section
    (C) in paragraph (3)— (i) by striking subparagraph (B); (ii) by striking “(3)(A)(i)” and inserting “(3)(A)”; (iii) by striking “Farmers Home Administration” and inserting “Secretary”; (iv) by striking “(ii) such easement” and inserting “(B) such contract”; and (v) by striking “; or” and inserting a period; and

    Effective date note
    Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title.

13. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 642(2)(D) · 110 Stat. 888

    Struck · 7 U.S.C. § 1997(c)(4)

    Pub. L. 104–127, § 642(2)(D), struck out par. (4) which read as follows: “such property was (except in the case of wetland and other wildlife habitat) row cropped each year of the 3-year period ending on December 23, 1985.”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 104–127, § 642(2)(D), struck out par. (4) which read as follows: “such property was (except in the case of wetland and other wildlife habitat) row cropped each year of the 3-year period ending on December 23, 1985.”

    Enacted provision · exact public law section
    (D) by striking paragraph (4);

    Effective date note
    Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title.

14. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 642(3) · 110 Stat. 888

    Substituted · 7 U.S.C. § 1997(d)

    Pub. L. 104–127, § 642(3), substituted “contract” for “easement” in introductory provisions and par. (3)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–127, § 642(3), substituted “contract” for “easement” in introductory provisions and par. (3).

    Enacted provision · exact public law section
    (3) in subsection (d), by striking “easement” each place it appears and inserting “contract”;

    Effective date note
    Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title.

15. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 642(4) · 110 Stat. 888

    1. Substituted · 7 U.S.C. § 1997(e)

       Pub. L. 104–127, § 642(4), in par. (1), substituted “reduce or forgive the outstanding debt of a borrower” for “purchase any such easement from the borrower” in introductory provisions, in subpars. (A) and (B)

    2. Substituted · 7 U.S.C. § 1997(e)

       Pub. L. 104–127, § 642(4), in par. (1), substituted “administered by the Secretary” for “administered by the Farmers Home Administration” in par. (2)(A)

    3. Substituted · 7 U.S.C. § 1997(e)

       Pub. L. 104–127, § 642(4), in par. (1), substituted “contract bears” for “easement bears” in par. (2)(A)

    4. Substituted · 7 U.S.C. § 1997(e)

       Pub. L. 104–127, § 642(4), in par. (1), substituted “contract is entered into” for “easement is acquired”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–127, § 642(4), in par. (1), substituted “reduce or forgive the outstanding debt of a borrower” for “purchase any such easement from the borrower” in introductory provisions, in subpars. (A) and (B), substituted “administered by the Secretary” for “administered by the Farmers Home Administration” and “contract bears” for “easement bears”, and in par. (2)(A), substituted “contract is entered into” for “easement is acquired”.

    Enacted provision · exact public law section
    (4) in subsection (e)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking “purchase any such easement from the borrower—” and inserting “reduce or forgive the outstanding debt of a borrower—”; (ii) by striking “easement” each place it appears and inserting “contract”; and (iii) by striking “Farmers Home Administration” each place it appears and inserting “Secretary”; and (B) in paragraph (2)(A), by striking “easement is acquired” and inserting “contract is entered into”;

    Effective date note
    Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title.

16. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 642(5) · 110 Stat. 888

    1. Substituted · 7 U.S.C. § 1997(f)

       Pub. L. 104–127, § 642(5), in par. (1), substituted “enter into contracts” for “acquire easements” and in pars. (2) and (3)

    2. Substituted · 7 U.S.C. § 1997(f)

       Pub. L. 104–127, § 642(5), in par. (1), substituted “contracts” for “easements”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–127, § 642(5), in par. (1), substituted “enter into contracts” for “acquire easements” and in pars. (2) and (3), substituted “contracts” for “easements”.

    Enacted provision · exact public law section
    (5) in subsection (f)— (A) in paragraph (1), by striking “acquire easements” and inserting “enter into contracts”; and (B) in paragraphs (2) and (3), by striking “easements” each place it appears and inserting “contracts”; and

    Effective date note
    Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title.

17. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 642(6) · 110 Stat. 888

    Substituted · 7 U.S.C. § 1997(g)

    Pub. L. 104–127, § 642(6), substituted “a contract entered into” for “an easement acquired”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–127, § 642(6), substituted “a contract entered into” for “an easement acquired”.

    Enacted provision · exact public law section
    (6) in subsection (g), by striking “an easement acquired” and inserting “a contract entered into”.

    Effective date note
    Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title.

18. 2022

    Big Cat Public Safety Act

    Pub. L. 117–243 § 2(b)(1) · 136 Stat. 2336

    Substituted · 7 U.S.C. § 1997(a)(3)

    Pub. L. 117–243 substituted “section 3371” for “section 3371(a)”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–243 substituted “section 3371” for “section 3371(a)”.

    Enacted provision · exact public law section
    (1) Consolidated farm and rural development act.— Section 349(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended— (A) by striking “section 2(a)” and inserting “section 2”; and (B) by striking “3371(a)” and inserting “3371”.

28 of 29 references resolved to an enrolled provision · 1 partial