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16 U.S.C. § 3831b — Farmable wetland program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Program required**
(1) **In general** — During the 2008 through 2023 fiscal years, the Secretary shall carry out a farmable wetland program in each State under which the Secretary shall enroll eligible acreage described in subsection (b).
(2) **Participation among States** — The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each State have an equitable opportunity to participate in the program established under this section.
**(b) Eligible acreage**
(1) **Wetland and related land** — Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, land—
(A) that is wetland (including a converted wetland described in [section 3822(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3822/b/1/A&num=0&edition=prelim)) that had a cropping history during at least 3 of the immediately preceding 10 crop years;
(B) on which a constructed wetland is to be developed that will receive surface and subsurface flow from row crop agricultural production and is designed to provide nitrogen removal in addition to other wetland functions;
(C) that was devoted to commercial pond-raised aquaculture in any year during the period of calendar years 2002 through 2007; or
(D) that, after January 1, 1990, and before December 31, 2002, was—
(i) cropped during at least 3 of 10 crop years; and
(ii) subject to the natural overflow of a prairie wetland.
(2) **Buffer acreage** — Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, buffer acreage that—
(A) with respect to land described in subpa
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Stable record: federal_law:legal_authorities:record_usc_a0575bf4555b48f8ae55c37d
Source file: Laws/federal/codes/united-states-code/title-16/section-3831b-farmable-wetland-program--bd5968ab7f.md
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Source location: Title 16, Chapter 58, § 3831b; chapter-058-erodible-land-and-wetland-conservation-and-reserve-program.md
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**(a) Program required**
(1) **In general** — During the 2008 through 2023 fiscal years, the Secretary shall carry out a farmable wetland program in each State under which the Secretary shall enroll eligible acreage described in subsection (b).
(2) **Participation among States** — The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each State have an equitable opportunity to participate in the program established under this section.
**(b) Eligible acreage**
(1) **Wetland and related land** — Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, land—
(A) that is wetland (including a converted wetland described in [section 3822(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3822/b/1/A&num=0&edition=prelim)) that had a cropping history during at least 3 of the immediately preceding 10 crop years;
(B) on which a constructed wetland is to be developed that will receive surface and subsurface flow from row crop agricultural production and is designed to provide nitrogen removal in addition to other wetland functions;
(C) that was devoted to commercial pond-raised aquaculture in any year during the period of calendar years 2002 through 2007; or
(D) that, after January 1, 1990, and before December 31, 2002, was—
(i) cropped during at least 3 of 10 crop years; and
(ii) subject to the natural overflow of a prairie wetland.
(2) **Buffer acreage** — Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, buffer acreage that—
(A) with respect to land described in subparagraph (A), (B), or (C) of paragraph (1)—
(i) is contiguous to such land;
(ii) is used to protect such land; and
(iii) is of such width as the Secretary determines is necessary to protect such land, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds such land; and
(B) with respect to land described in subparagraph (D) of paragraph (1), enhances a wildlife benefit to the extent practicable in terms of upland to wetland ratios, as determined by the Secretary.
**(c) Program limitations**
(1) **Acreage limitation** — The Secretary may enroll in the conservation reserve, pursuant to the program established under this section, not more than—
(A) 100,000 acres in any State; and
(B) a total of 750,000 acres.
(2) **Relationship to maximum enrollment** — Subject to paragraph (3), any acreage enrolled in the conservation reserve under this section shall be considered acres maintained in the conservation reserve.
(3) **Relationship to other enrolled acreage** — Acreage enrolled in the conservation reserve under this section shall not affect for any fiscal year the quantity of—
(A) acreage enrolled to establish conservation buffers as part of the program announced on March 24, 1998 (63 Fed. Reg. 14109); or
(B) acreage enrolled into the conservation reserve enhancement program announced on May 27, 1998 (63 Fed. Reg. 28965).
(4) **Review; potential increase in enrollment acreage** — The Secretary shall conduct a review of the program established under this section with respect to each State that has enrolled land in the conservation reserve pursuant to the program. As a result of the review, the Secretary may increase the number of acres that may be enrolled in a State under the program to not more than 200,000 acres, notwithstanding paragraph (1)(A).
**(d) Owner or operator enrollment limitations**
(1) **Wetland and related land**
(A) *Wetlands and constructed wetlands* — The maximum size of any land described in subparagraph (A) or (B) of subsection (b)(1) that an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 40 contiguous acres.
(B) *Flooded farmland* — The maximum size of any land described in subparagraph (D) of subsection (b)(1) that an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 20 contiguous acres.
(C) *Coverage* — All acres described in subparagraph (A) or (B), including acres that are ineligible for payment, shall be covered by the conservation contract.
(2) **Buffer acreage** — The maximum size of any buffer acreage described in subsection (b)(2) that an owner or operator may enroll in the conservation reserve under this section shall be determined by the Secretary in consultation with the State Technical Committee.
(3) **Tracts** — Except for land described in subsection (b)(1)(C) and buffer acreage related to such land, the maximum size of any eligible acreage described in subsection (b)(1) in a tract of an owner or operator enrolled in the conservation reserve under this section shall be 40 acres.
**(e) Duties of owners and operators** During the term of a contract entered into under the program established under this section, an owner or operator shall agree—
(1) to restore the hydrology of the wetland within the eligible acreage to the maximum extent practicable, as determined by the Secretary;
(2) to establish vegetative cover (which may include emerging vegetation in water and bottomland hardwoods, cypress, and other appropriate tree species) on the eligible acreage, as determined by the Secretary;
(3) to a general prohibition of commercial use of the enrolled land; and
(4) to carry out other duties described in [section 3832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3832&num=0&edition=prelim).
**(f) Duties of the Secretary**
(1) **In general** — Except as provided in paragraphs (2) and (3), in return for a contract entered into under this section, the Secretary shall—
(A) make payments to the owner or operator based on rental rates for cropland; and
(B) provide assistance to the owner or operator in accordance with sections 3833 and 3834 of this title.
(2) **Contract offers and payments** — The Secretary shall use the method of determination described in [section 3834(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3834/d&num=0&edition=prelim) to determine the acceptability of contract offers and the amount of rental payments under this section.
(3) **Incentives** — The amounts payable to owners and operators in the form of rental payments under contracts entered into under this section shall reflect incentives that are provided to owners and operators to enroll filterstrips in the conservation reserve under [section 3834 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3834&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Under the terms of a contract entered into under this subpart, during the term of the contract, an owner or operator of a farm or ranch shall agree—
(1) to implement a plan approved by the local conservation district (or in an area not located within a conservation district, a plan approved by the Secretary) for converting eligible land normally devoted to the production of an agricultural commodity on the farm or ranch to a less intensive use (as defined by the Secretary), such as pasture, permanent grass, legumes, forbs, shrubs, or trees, substantially in accordance with a schedule outlined in the plan;
(2) to place highly erodible cropland subject to the contract in the conservation reserve established under this subpart;
(3) not to use the land for agricultural purposes, except as permitted by the Secretary;
(4) to establish approved vegetative cover (which may include emerging vegetation in water), water cover for the enhancement of wildlife, or, where practicable, maintain existing cover on the land, except that—
(A) the water cover shall not include ponds for the purpose of watering livestock, irrigating crops, or raising fish for commercial purposes; and
(B) the Secretary shall not terminate the contract for failure to establish approved vegetative or water cover on the land if—
(i) the failure to plant the cover was due to excessive rainfall or flooding;
(ii) the land subject to the contract that could practicably be planted to the cover is planted to the cover; and
(iii) the land on which the owner or operator was unable to plant the cover is planted to the cover after the wet conditions that prevented the planting subsides;
(5) to undertake management on the land as needed throughout the term of the contract to imp
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3832
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701
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Federal law — U.S. Code and appendices · legal_authorities
Page 2363
TITLE 16—CONSERVATION
§ 3831b
(3) calculate annual rental payments con-
sistent 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 Con-
gress 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 agree-
ment;
(3) the Federal and eligible partner commit-
ments made under the agreement; and
(4) the progress made in fulfilling those com-
mitments.
(Pub. L. 99–198, title XII, § 1231A, as added Pub.
L. 115–334, title II, § 2202(a), Dec. 20, 2018, 132
Stat. 4534.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3831a, Pub. L. 99–198, title XII, § 1231A,
as added and amended Pub. L. 110–234, title II, § 2106(b),
May 22, 2008, 122 Stat. 1032, and Pub. L. 110–246, § 4(a),
title II, § 2106(b), June 18, 2008, 122 Stat. 1664, 1760, re-
lated to emergency forestry conservation reserve pro-
gram, prior to repeal by Pub. L. 113–79, title II, § 2702(a),
Feb. 7, 2014, 128 Stat. 766.
Statutory Notes and Related Subsidiaries
REPEAL OF FORMER SECTION 3831a; TRANSITIONAL
PROVISIONS
Pub. L. 113–79, title II, § 2702, Feb. 7, 2014, 128 Stat. 766,
provided that:
‘‘(a) REPEAL.—Except as provided in subsection (b),
section 1231A of the Food Security Act of 1985 ([former]
16 U.S.C. 3831a) is repealed.
‘‘(b) TRANSITIONAL PROVISIONS.—
‘‘(1) EFFECT
ON
EXISTING
CONTRACTS
AND
AGREE-
MENTS.—The amendment made by this section shall
not affect the validity or terms of any contract or
agreement entered into by the Secretary of Agri-
culture
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3831b
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