Browse Arkansas Code titles and sections
16 U.S.C. § 3831a — Conservation reserve enhancement program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **CREP** — The term “CREP” means a conservation reserve enhancement program carried out under subsection (b)(1).
(2) **Eligible land** — The term “eligible land” means land that is eligible to be included in the program established under this subpart.
(3) **Eligible partner** — The term “eligible partner” means—
(A) a State;
(B) a political subdivision of a State;
(C) an Indian tribe (as defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)); or
(D) a nongovernmental organization.
(4) **Management** — The term “management” means an activity conducted by an owner or operator under a contract entered into under this subpart after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice—
(A) throughout the term of the contract; and
(B) consistent with the conservation plan that covers the eligible land.
**(b) Agreements**
(1) **In general** — The Secretary may enter into an agreement with an eligible partner to carry out a conservation reserve enhancement program—
(A) to assist in enrolling eligible land in the program established under this subpart; and
(B) that the Secretary determines will advance the purposes of this subpart.
(2) **Contents** — An agreement entered into under paragraph (1) shall—
(A) describe—
(i) 1 or more specific State or nationally significant conservation concerns to be addressed by the agreement;
(ii) quantifiable environmental goals for addressing the concerns under clause (i);
(iii) a suitable acreage goal for enrollment of eligible land under the agreement, as determined
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3831a
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 282f841606c5c65627abee95a54cc4e6421547fcb1898f5ef153209ebc4e9c02. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_27ac15f694d08e03ded48087
Source file: Laws/federal/codes/united-states-code/title-16/section-3831a-conservation-reserve-enhancement-program--4ce40f116a.md
Pages: Not recorded – Not recorded
Passage SHA-256: efc1931901e64b01ac8857cb99fdfbb9eb843361da2c3c976f00a1c0bb6be91a
Source location: Title 16, Chapter 58, § 3831a; chapter-058-erodible-land-and-wetland-conservation-and-reserve-program.md
Stored source content
**(a) Definitions** In this section:
(1) **CREP** — The term “CREP” means a conservation reserve enhancement program carried out under subsection (b)(1).
(2) **Eligible land** — The term “eligible land” means land that is eligible to be included in the program established under this subpart.
(3) **Eligible partner** — The term “eligible partner” means—
(A) a State;
(B) a political subdivision of a State;
(C) an Indian tribe (as defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)); or
(D) a nongovernmental organization.
(4) **Management** — The term “management” means an activity conducted by an owner or operator under a contract entered into under this subpart after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice—
(A) throughout the term of the contract; and
(B) consistent with the conservation plan that covers the eligible land.
**(b) Agreements**
(1) **In general** — The Secretary may enter into an agreement with an eligible partner to carry out a conservation reserve enhancement program—
(A) to assist in enrolling eligible land in the program established under this subpart; and
(B) that the Secretary determines will advance the purposes of this subpart.
(2) **Contents** — An agreement entered into under paragraph (1) shall—
(A) describe—
(i) 1 or more specific State or nationally significant conservation concerns to be addressed by the agreement;
(ii) quantifiable environmental goals for addressing the concerns under clause (i);
(iii) a suitable acreage goal for enrollment of eligible land under the agreement, as determined by the Secretary;
(iv) the location of eligible land to be enrolled in the project area identified under the agreement;
(v) the payments to be offered by the Secretary and eligible partner to an owner or operator; and
(vi) an appropriate list of conservation reserve program conservation practices that are appropriate to meeting the concerns described under clause (i), as determined by the Secretary in consultation with eligible partners;
(B) subject to subparagraph (C), require the eligible partner to provide matching funds—
(i) in an amount determined during a negotiation between the Secretary and 1 or more eligible partners, if the majority of the matching funds to carry out the agreement are provided by 1 or more eligible partners that are not nongovernmental organizations; or
(ii) in an amount not less than 30 percent of the cost required to carry out the conservation measures and practices described in the agreement, if a majority of the matching funds to carry out the agreement are provided by 1 or more nongovernmental organizations; and
(C) include procedures to allow for a temporary waiver of the matching requirements under subparagraph (B), or continued enrollment with a temporary suspension of incentives or eligible partner contributions for new agreements, during a period when an eligible partner loses the authority or ability to provide matching contributions, if the Secretary determines that the temporary waiver or continued enrollment with a temporary suspension will advance the purposes of this subpart.
(3) **Effect on existing agreements**
(A) *In general* — Subject to subparagraph (B), an agreement under this subsection shall not affect, modify, or interfere with existing agreements under this subpart.
(B) *Modification of existing agreements* — To implement this section, the signatories to an agreement under this subsection may mutually agree to a modification of an agreement entered into before December 20, 2018, under the Conservation Reserve Enhancement Program established by the Secretary under this subpart.
**(c) Payments**
(1) **Matching requirement** — Funds provided by an eligible partner may be in cash, in-kind contributions, or technical assistance, as determined by the Secretary.
(2) **Marginal pastureland cost-share payments** — The Secretary shall ensure that cost-share payments to an owner or operator to install stream fencing, crossings, and alternative water development on marginal pastureland under a CREP reflect the fair market value of the cost of installation.
(3) **Cost-share and practice incentive payments**
(A) *In general* — On request of an owner or operator, the Secretary shall provide cost-share payments when a major component of a conservation practice is completed under a CREP, as determined by the Secretary.
(B) *Exemption* — For purposes of implementing conservation practices on land enrolled under a CREP, the Secretary may waive the contribution limitation described in [section 3834(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3834/b/2/A&num=0&edition=prelim).
(4) **Riparian buffer management payments**
(A) *In general* — In the case of an agreement under subsection (b)(1) that includes riparian buffers as an eligible practice, the Secretary shall make cost-share payments to encourage the regular management of the riparian buffer throughout the term of the agreement, consistent with the conservation plan that covers the eligible land.
(B) *Limitation* — The amount of payments received by an owner or operator under subparagraph (A) shall not be greater than 100 percent of the normal and customary projected management cost, as determined by the Secretary, in consultation with the applicable State technical committee established under [section 3861(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3861/a&num=0&edition=prelim).
**(d) Forested riparian buffer practice**
(1) **Food-producing woody plants** — In the case of an agreement under subsection (b)(1) that includes forested riparian buffers as an eligible practice, the Secretary shall allow an owner or operator—
(A) to plant food-producing woody plants in the forested riparian buffers, on the conditions that—
(i) the plants shall contribute to the conservation of soil, water quality, and wildlife habitat; and
(ii) the planting shall be consistent with—
(I) recommendations of the applicable State technical committee established under [section 3861(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3861/a&num=0&edition=prelim); and
(II) technical guide standards of the applicable field office of the Natural Resources Conservation Service; and
(B) to harvest from plants described in subparagraph (A), on the conditions that—
(i) the harvesting shall not damage the conserving cover or otherwise have a negative impact on the conservation concerns targeted by the CREP;
(ii) only native plant species appropriate to the region shall be used within 35 feet of the watercourse; and
(iii) the producer shall be subject to a reduction in the rental rate commensurate to the value of the crop harvested.
(2) **Technical assistance** — For the purpose of enrolling forested riparian buffers in a CREP, the Administrator of the Farm Service Agency shall coordinate with the applicable State forestry agency.
**(e) Drought and water conservation agreements** In the case of an agreement under subsection (b)(1) to address regional drought concerns, in accordance with the conservation purposes of the CREP, the Secretary, in consultation with the applicable State technical committee established under [section 3861(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3861/a&num=0&edition=prelim), may—
(1) notwithstanding subsection (a)(2), enroll other agricultural land on which the resource concerns identified in the agreement can be addressed if the enrollment of the land is critical to the accomplishment of the purposes of the agreement;
(2) permit dryland agricultural uses with the adoption of best management practices on enrolled land if the agreement involves the significant long-term reduction of consumptive water use and dryland production is compatible with the agreement; and
(3) calculate annual rental payments consistent with existing administrative practice for similar drought and water conservation agreements under this subchapter and ensure regional consistency in those rates.
**(f) Status report** Not later than 180 days after the end of each fiscal year, the Secretary shall submit to Congress a report that describes, with respect to each agreement entered into under subsection (b)(1)—
(1) the status of the agreement;
(2) the purposes and objectives of the agreement;
(3) the Federal and eligible partner commitments made under the agreement; and
(4) the progress made in fulfilling those commitments.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Through the 2023 fiscal year, the Secretary shall formulate and carry out a conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve and improve the soil, water, and wildlife resources of such land and to address issues raised by State, regional, and national conservation initiatives.
**(b) Eligible land** The Secretary may include in the program established under this subpart—
(1) highly erodible cropland that—
(A)
(i) if permitted to remain untreated could substantially reduce the agricultural production capability for future generations; or
(ii) cannot be farmed in accordance with a plan that complies with the requirements of subchapter II; and
(B) the Secretary determines had a cropping history or was considered to be planted for 4 of the 6 years preceding December 20, 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program;
(2) marginal pasture land to be devoted to appropriate vegetation, including trees, in or near riparian areas, or devoted to similar water quality purposes (including marginal pastureland converted to wetland or established as wildlife habitat);
(3) grasslands that—
(A) contain forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;
(B) are located in an area historically dominated by grasslands; and
(C) could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition;
(4) cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3831
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Cost-share and rental payments** In return for a contract entered into by an owner or operator under the conservation reserve program, the Secretary shall—
(1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest, including the cost of fencing and other water distribution practices, if applicable; and
(2) for a period of years not in excess of the term of the contract, pay an annual rental payment, in accordance with [section 3834(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3834/d&num=0&edition=prelim), for—
(A) the conversion of highly erodible cropland, marginal pastureland, or other eligible lands normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; or
(B) the development and management of grasslands for multiple natural resource conservation benefits, including to soil, water, air, and wildlife.
**(b) Specified activities permitted**
(1) **In general** — The Secretary, in coordination with the applicable State technical committee established under [section 3861(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3861/a&num=0&edition=prelim), shall permit certain activities or commercial uses of established cover on land that is subject to a contract under the conservation reserve program if—
(A) those activities or uses—
(i) are consistent with the conservation of soil, water quality, and wildlife habitat;
(ii) are subject to appropriate restrictions during the primary nesting season for birds in the local area that are economically significant, in signific
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3833
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Timing** The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subpart—
(1) with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as practicable after the obligation is incurred; and
(2) with respect to any annual rental payment obligation incurred by the Secretary—
(A) as soon as practicable after October 1 of each calendar year; or
(B) at the option of the Secretary, at any time prior to such date during the year that the obligation is incurred.
**(b) Cost sharing payments**
(1) **In general** — In making cost sharing payments to an owner or operator under a contract entered into under this subpart, the Secretary shall pay 50 percent of the cost of establishing water quality and conservation measures and practices required under each contract for which the Secretary determines that cost sharing is appropriate and in the public interest.
(2) **Limitations**
(A) *In general* — The Secretary shall ensure, to the maximum extent practicable, that cost sharing payments to an owner or operator under this subpart, when combined with the sum of payments from all other funding sources for measures and practices described in paragraph (1), do not exceed 100 percent of the total actual cost of establishing those measures and practices, as determined by the Secretary.
(B) *Mid-contract management grazing* — The Secretary may not make any cost sharing payment to an owner or operator under this subpart pursuant to [section 3832(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3832/a/5&num=0&edition=prelim).
(C) *Seed cost* — In the case of seed costs related to the establishment of cover, cost sharing payments und
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3834
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish a voluntary public access program under which States and tribal governments may apply for funding to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make that land available for access by the public for wildlife-dependent recreation, including hunting or fishing under programs administered by the States and tribal governments.
**(b) Applications** In submitting applications for funding under the program, a State or tribal government shall describe—
(1) the benefits that the State or tribal government intends to achieve by encouraging public access to private farm and ranch land for—
(A) hunting and fishing; and
(B) to the maximum extent practicable, other recreational purposes; and
(2) the methods that will be used to achieve those benefits.
**(c) Priority** In approving applications and awarding funding under the program, the Secretary shall give priority to States and tribal governments that propose—
(1) to maximize participation by offering a program the terms of which are likely to meet with widespread acceptance among landowners;
(2) to ensure that land enrolled under the State or tribal government program has appropriate wildlife habitat;
(3) to strengthen wildlife habitat improvement efforts on land enrolled in a conservation reserve enhancement program under [section 3831a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3831a&num=0&edition=prelim) or on land covered by a wetland reserve easement under [section 3865c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3865c&num=0&edition=prelim) by providing incentives to increase public hunting and other recreational access
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3839bb–5
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Incentives for certain farmers and ranchers and Indian tribes**
(1) **Incentives authorized** — In carrying out any conservation program administered by the Secretary, the Secretary may provide to a person or entity specified in paragraph (2) incentives to participate in the conservation program—
(A) to foster new farming and ranching opportunities; and
(B) to enhance long-term environmental goals.
(2) **Covered persons** — Incentives authorized by paragraph (1) may be provided to the following:
(A) Beginning farmers or ranchers.
(B) Socially disadvantaged farmers or ranchers.
(C) Limited resource farmers or ranchers.
(D) Indian tribes.
(E) Veteran farmers or ranchers (as defined in section 2279(e) 11 See References in Text note below. of title 7).
**(b) Privacy of personal information relating to natural resources conservation programs**
(1) **Information received for technical and financial assistance**
(A) *In general* — In accordance with [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), except as provided in subparagraph (C) and paragraph (2), information described in subparagraph (B)—
(i) shall not be considered to be public information; and
(ii) shall not be released to any person or Federal, State, local agency or Indian tribe (as defined by the Secretary) outside the Department of Agriculture.
(B) *Information* — The information referred to in subparagraph (A) is information—
(i) provided to the Secretary or a contractor of the Secretary (including information provided under subchapter IV) for the purpose of providing technical or financial assistance to an owner, operator, or producer with respect to any natural resources c
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3844
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2361
TITLE 16—CONSERVATION
§ 3831a
EFFECT ON EXISTING CONTRACTS
Pub. L. 113–79, title II, § 2008, Feb. 7, 2014, 128 Stat. 720,
provided that:
‘‘(a) IN GENERAL.—Except as provided in paragraph
(2), the amendments made by this subtitle [subtitle A
(§§ 2001–2008) of title II of Pub. L. 113–79, amending this
section and sections 3831b and 3832 to 3835 of this title
and repealing section 3835a of this title] shall not affect
the validity or terms of any contract entered into by
the Secretary of Agriculture under subchapter B of
chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.) before the date of en-
actment of the Agricultural Act of 2014 [Feb. 7, 2014], or
any payments required to be made in connection with
the contract.
‘‘(b) UPDATING
OF
EXISTING
CONTRACTS.—The Sec-
retary shall permit an owner or operator of land sub-
ject to a contract entered into under subchapter B of
chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.) before the date of en-
actment of the Agricultural Act of 2014 [Feb. 7, 2014], to
update the contract to reflect the activities and uses of
land under contract permitted under the terms and
conditions of section 1233(b) of that Act [16 U.S.C.
3833(b)] (as amended by section 2004), as determined ap-
propriate by the Secretary.’’
STUDY ON ECONOMIC EFFECTS
Pub. L. 107–171, title II, § 2101(b), May 13, 2002, 116
Stat. 252, provided that, not later than 18 months after
May 13, 2002, the Secretary of Agriculture would submit
to Congress a report, to include specified analyses, that
describes the economic and social effects on rural com-
munities resulting from the conservation reserve pro-
gram established under subchapter B of chapter 1 of
s
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3831a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.