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16 U.S.C. § 3865 — Establishment and purposes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land.
**(b) Purposes** The purposes of the program are to—
(1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 3837 11 See References in Text note below. of this title, the grassland reserve program established under section 3838n 1 of this title, and the farmland protection program established under section 3838i 1 of this title, as such sections were in effect on the day before February 7, 2014;
(2) restore, protect, and enhance wetlands on eligible land;
(3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values; and
(4) protect grazing uses and related conservation values by restoring or conserving eligible land.
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Source file: Laws/federal/codes/united-states-code/title-16/section-3865-establishment-and-purposes--232bda5a43.md
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Source location: Title 16, Chapter 58, § 3865; chapter-058-erodible-land-and-wetland-conservation-and-reserve-program.md
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**(a) Establishment** The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land.
**(b) Purposes** The purposes of the program are to—
(1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 3837 11 See References in Text note below. of this title, the grassland reserve program established under section 3838n 1 of this title, and the farmland protection program established under section 3838i 1 of this title, as such sections were in effect on the day before February 7, 2014;
(2) restore, protect, and enhance wetlands on eligible land;
(3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values; and
(4) protect grazing uses and related conservation values by restoring or conserving eligible land.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of subchapters I through VIII:
(1) The term “agricultural commodity” means—
(A) any agricultural commodity planted and produced in a State by annual tilling of the soil, including tilling by one-trip planters; or
(B) sugarcane planted and produced in a State.
(2) **Beginning farmer or rancher.—** — The term “beginning farmer or rancher” has the meaning given the term in [section 1991(a)(8) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1991/a/8&num=0&edition=prelim).
(3) **Conservation plan.—** — The term “conservation plan” means the document that—
(A) applies to highly erodible cropland;
(B) describes the conservation system applicable to the highly erodible cropland and describes the decisions of the person with respect to location, land use, tillage systems, and conservation treatment measures and schedule; and
(C) is approved by the local soil conservation district, in consultation with the local committees established under [section 590h(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b/5&num=0&edition=prelim) and the Secretary, or by the Secretary.
(4) **Conservation system.—** — The term “conservation system” means a combination of 1 or more conservation measures or management practices that—
(A) are based on local resource conditions, available conservation technology, and the standards and guidelines contained in the Natural Resources Conservation Service field office technical guides; and
(B) are designed to achieve, in a cost effective and technically practicable manner, a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing highly erodible croplan
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3801
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 3837, Pub. L. 99–198, title XII, § 1237, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3584; amended Pub. L. 102–237, title II, § 204(6), Dec. 13, 1991, 105 Stat. 1855; Pub. L. 103–66, title I, § 1402(c), Aug. 10, 1993, 107 Stat. 333; Pub. L. 104–127, title III, § 333(a)–(c), Apr. 4, 1996, 110 Stat. 995; Pub. L. 105–277, div. A, § 101(a) [title VII, § 752], Oct. 21, 1998, 112 Stat. 2681, 2681–32; Pub. L. 107–171, title II, §§ 2201, 2202, May 13, 2002, 116 Stat. 252; Pub. L. 110–234, title II, §§ 2201–2203(a), May 22, 2008, 122 Stat. 1036, 1037; Pub. L. 110–246, § 4(a), title II, §§ 2201–2203(a), June 18, 2008, 122 Stat. 1664, 1764, 1765, related to establishment of wetlands reserve program by Secretary.
Section 3837a, Pub. L. 99–198, title XII, § 1237A, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3585; amended Pub. L. 104–127, title III, § 333(d), Apr. 4, 1996, 110 Stat. 996; Pub. L. 107–171, title II, § 2203, May 13, 2002, 116 Stat. 252; Pub. L. 110–234, title II, §§ 2204–2206, May 22, 2008, 122 Stat. 1038, 1039; Pub. L. 110–246, § 4(a), title II, §§ 2204–2206, June 18, 2008, 122 Stat. 1664, 1766, 1767, related to easements and agreements.
Section 3837b, Pub. L. 99–198, title XII, § 1237B, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3587, related to duties of owners.
Section 3837c, Pub. L. 99–198, title XII, § 1237C, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3587; amended Pub. L. 104–127, title III, § 333(e), Apr. 4, 1996, 110 Stat. 996; Pub. L. 110–234, title II, § 2207, May 22, 2008, 122 Stat. 1039; Pub. L. 110–246, § 4(a), title II, § 2207, June 18, 2008, 122 Stat. 1664, 1767, related to duties of Secretary.
Section 3837d, Pub. L.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3837 to 3837f
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 3838h, Pub. L. 99–198, title XII, § 1238H, as added Pub. L. 107–171, title II, § 2503(a), May 13, 2002, 116 Stat. 267; amended Pub. L. 110–234, title II, § 2401(a), May 22, 2008, 122 Stat. 1048; Pub. L. 110–246, § 4(a), title II, § 2401(a), June 18, 2008, 122 Stat. 1664, 1776, defined terms used in this subpart.
Section 3838i, Pub. L. 99–198, title XII, § 1238I, as added Pub. L. 107–171, title II, § 2503(a), May 13, 2002, 116 Stat. 268; amended Pub. L. 110–234, title II, § 2401(b), May 22, 2008, 122 Stat. 1049; Pub. L. 110–246, § 4(a), title II, § 2401(b), June 18, 2008, 122 Stat. 1664, 1777, related to farmland protection program.
Section 3838j, Pub. L. 99–198, title XII, § 1238J, as added Pub. L. 107–171, title II, § 2503(a), May 13, 2002, 116 Stat. 269; amended Pub. L. 110–234, title II, § 2402, May 22, 2008, 122 Stat. 1051; Pub. L. 110–246, § 4(a), title II, § 2402, June 18, 2008, 122 Stat. 1664, 1779, related to farm viability program.
#### Repeal; Transitional Provisions
Pub. L. 113–79, title II, § 2704, Feb. 7, 2014, 128 Stat. 767, provided that: “(a) Repeal.—Except as provided in subsection (b), subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([16 U.S.C. 3838h](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3838h&num=0&edition=prelim) et seq.) is repealed. “(b) Transitional Provisions.—“(1) Effect on existing agreements and easements.—The amendment made by this section [repealing sections 3838h to 3838j of this title] shall not affect the validity or terms of any agreement or easement entered into by the Secretary of Agriculture under subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([former] [16 U.S.C. 3838h](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3838h to 3838j
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 3838n, Pub. L. 99–198, title XII, § 1238N, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 258; Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1051; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1779, related to establishment of grassland reserve program by Secretary.
Section 3838o, Pub. L. 99–198, title XII, § 1238O, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 259; amended Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1052; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1780, related to duties of owners and operators.
Section 3838p, Pub. L. 99–198, title XII, § 1238P, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 261; amended Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1054; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1782, related to duties of Secretary.
Section 3838q, Pub. L. 99–198, title XII, § 1238Q, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 262; amended Pub. L. 108–447, div. A, title VII, § 797, Dec. 8, 2004, 118 Stat. 2852; Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1055; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1783, related to delegation of duty.
#### Repeal; Transitional Provisions
Pub. L. 113–79, title II, § 2705, Feb. 7, 2014, 128 Stat. 768, provided that: “(a) Repeal.—Except as provided in subsection (b), subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ([16 U.S.C. 3838n](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3838n&num=0&edition=prelim) et seq.) is repealed. “(b) Transitional Provisions.—“
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3838n to 3838q
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **BCAP** — The term “BCAP” means the Biomass Crop Assistance Program established under this section.
(2) **BCAP project area** — The term “BCAP project area” means an area that—
(A) has specified boundaries that are submitted to the Secretary by the project sponsor and subsequently approved by the Secretary;
(B) includes producers with contract acreage that will supply a portion of the renewable biomass needed by a biomass conversion facility; and
(C) is physically located within an economically practicable distance from the biomass conversion facility.
(3) **Contract acreage** — The term “contract acreage” means eligible land that is covered by a BCAP contract entered into with the Secretary.
(4) **Eligible crop**
(A) *In general* — The term “eligible crop” means a crop of renewable biomass.
(B) *Exclusions* — The term “eligible crop” does not include—
(i) any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 [[7 U.S.C. 9001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9001&num=0&edition=prelim) et seq.] or an amendment made by that title; or
(ii) any plant that is invasive or noxious or species or varieties of plants that credible risk assessment tools or other credible sources determine are potentially invasive, as determined by the Secretary in consultation with other appropriate Federal or State departments and agencies.
(5) **Eligible land**
(A) *In general* — The term “eligible land” includes—
(i) agricultural and nonindustrial private forest lands (as defined in [section 2103a(c) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2103a/c&num=0&edition=prelim)); and
(ii) land
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8111
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Federal law — U.S. Code and appendices · legal_authorities
Page 2429
TITLE 16—CONSERVATION
§ 3865a
1 See References in Text note below.
that are used to carry out subtitles A, B, and C of title
XII of the Food Security Act of 1985 (16 U.S.C. 3801 et
seq. [3811 et seq., 3821 et seq.]).’’
SUBCHAPTER VII—AGRICULTURAL
CONSERVATION EASEMENT PROGRAM
§ 3865. Establishment and purposes
(a) Establishment
The Secretary shall establish an agricultural
conservation easement program for the con-
servation of eligible land and natural resources
through easements or other interests in land.
(b) Purposes
The purposes of the program are to—
(1) combine the purposes and coordinate the
functions of the wetlands reserve program es-
tablished under section 3837 1 of this title, the
grassland reserve program established under
section 3838n 1 of this title, and the farmland
protection program established under section
3838i 1 of this title, as such sections were in ef-
fect on the day before February 7, 2014;
(2) restore, protect, and enhance wetlands on
eligible land;
(3) protect the agricultural use and future
viability, and related conservation values, of
eligible land by limiting nonagricultural uses
of that land that negatively affect the agricul-
tural uses and conservation values; and
(4) protect grazing uses and related con-
servation values by restoring or conserving el-
igible land.
(Pub. L. 99–198, title XII, § 1265, as added Pub. L.
113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 731;
amended Pub. L. 115–334, title II, § 2601, Dec. 20,
2018, 132 Stat. 4585.)
Editorial Notes
REFERENCES IN TEXT
Sections 3837, 3838n, and 3838i of this title, referred to
in subsec. (b)(1), were repealed by Pub. L. 113–79, title
II, §§ 2703(a), 2704(a), 2705(a), Feb. 7, 2014, 128 Stat. 767,
768.
AMENDMENTS
2018—Subsec. (
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3865
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