16 U.S.C. § 3830 — Repealed. Pub. L. 113–79, title II, § 2701,

Page 2355 TITLE 16—CONSERVATION § 3830 general amendment of subchapter V of this chapter by Pub. L. 104–127, title III, § 341, Apr. 4, 1996, 110 Stat. 1008. The new section 3843, which did not relate to appeal procedures, was subsequently repealed by Pub. L. 113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–334, § 2102, designated ex- isting provisions as par. (1), inserted heading, inserted ‘‘, which, except as provided in paragraph (2), shall be conducted in the presence of the affected person’’ be- fore period at end, and added par. (2). Subsec. (j). Pub. L. 115–334, § 2821(b), substituted ‘‘Nat- ural Resources Conservation Service’’ for ‘‘National Resources Conservation Service’’. Subsec. (k)(1)(B). Pub. L. 115–334, § 2103, amended sub- par. (B) generally. Prior to amendment, text read as follows: ‘‘Of the funds of the Commodity Credit Cor- poration, the Secretary shall use $10,000,000, to remain available until expended, to carry out this paragraph.’’ 2014—Subsec. (k). Pub. L. 113–79 amended subsec. (k) generally. Prior to amendment, text read as follows: ‘‘Using authorities available to the Secretary, the Sec- retary may operate a pilot program for mitigation banking of wetlands to assist persons to increase the efficiency of agricultural operations while protecting wetland functions and values. Subsection (f)(2)(C) of this section shall not apply to this subsection.’’ 2008—Subsec. (h)(2), (3). Pub. L. 110–246, § 2003, added par. (2), redesignated former par. (2) as (3), and inserted ‘‘be’’ before ‘‘actively’’. 1996—Subsec. (a). Pub. L. 104–127, § 322(a), added sub- sec. (a) and struck out heading and text of former sub- sec. (a). Text consisted of pars. (1) to (4) relating to de- lineation of wetlands. Subsec. (b). Pub. L. 104–127, § 322(b), added subsec. (b) and struck out heading and text of former subsec. (b). Text consisted of pars. (1)(A) to (D) and (2)(A) and (B) relating to exemptions. Subsec. (d). Pub. L. 104–127, § 322(c), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: ‘‘Section 3821 of this title shall not apply to a loan described in section 3821 of this title made before December 23, 1985.’’ Subsec. (f). Pub. L. 104–127, § 322(d), added subsec. (f) and struck out heading and text of former subsec. (f). Text consisted of pars. (1) to (3) relating to minimal ef- fect and mitigation exemptions. Subsec. (g). Pub. L. 104–127, § 322(e), which directed substitution of ‘‘person’’ for ‘‘producer’’, was executed by making the substitution in two places. Subsec. (h). Pub. L. 104–127, § 322(f), added subsec. (h) and struck out heading and text of former subsec. (h). Text consisted of pars. (1) to (3) relating to good faith exemptions to ineligibility under section 3821 of this title and graduated sanctions. Subsec. (i). Pub. L. 104–127, § 322(g), inserted before pe- riod at end ‘‘or has otherwise mitigated for the loss of wetland values, as determined by the Secretary, through the restoration, enhancement, or creation of wetland values in the same general area of the local watershed as the converted wetland’’. Subsec. (j). Pub. L. 104–127, § 322(h), added subsec. (j) and struck out heading and text of former subsec. (j). Text provided that technical determinations and the development of restoration and mitigation plans be made through agreement of local representative of Soil Conservation Service and representative of the Fish and Wildlife Service and required reporting of deter- minations and monitoring. Subsec. (k). Pub. L. 104–127, § 322(i), added subsec. (k). 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions relating to eligibility for program benefits in connection with pro- duction of crops on certain wetlands, making program ineligibility inapplicable to pre-Dec. 23, 1985, section 3821 loans, and providing for personal exemptions from program ineligibility for actions associated with pro- duction of commodities having minimal wetland effect. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 326 of Pub. L. 104–127, set out as a note under section 3821 of this title. § 3823. Affiliated persons If a person is affected by a reduction in bene- fits under section 3821 of this title and the af- fected person is affiliated with other persons for the purpose of receiving the benefits, the bene- fits of each affiliated person shall be reduced under section 3821 of this title in proportion to the interest held by the affiliated person. (Pub. L. 99–198, title XII, § 1223, as added Pub. L. 104–127, title III, § 324, Apr. 4, 1996, 110 Stat. 992.) Editorial Notes PRIOR PROVISIONS A prior section 3823, Pub. L. 99–198, title XII, § 1223, Dec. 23, 1985, 99 Stat. 1508; Pub. L. 101–624, title XIV, § 1423, Nov. 28, 1990, 104 Stat. 3576; Pub. L. 102–237, title II, § 204(4), Dec. 13, 1991, 105 Stat. 1855, related to con- sultation with Secretary of the Interior, prior to repeal by Pub. L. 104–127, title III, §§ 323, 326, Apr. 4, 1996, 110 Stat. 992, effective 90 days after Apr. 4, 1996. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Apr. 4, 1996, see section 326 of Pub. L. 104–127, set out as an Effective Date of 1996 Amendment note under section 3821 of this title. § 3824. Fairness of compliance If the actions of an unrelated person or public entity, outside the control of, and without the prior approval of, the landowner or tenant result in a change in the characteristics of cropland that would cause the land to be determined to be a wetland, the affected land shall not be con- sidered to be wetland for purposes of this sub- chapter. (Pub. L. 99–198, title XII, § 1224, as added Pub. L. 101–624, title XIV, § 1424, Nov. 28, 1990, 104 Stat. 3576.) SUBCHAPTER IV—AGRICULTURAL RESOURCES CONSERVATION PROGRAM PART I—COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM SUBPART A—GENERAL PROVISIONS § 3830. Repealed. Pub. L. 113–79, title II, § 2701, Feb. 7, 2014, 128 Stat. 766 Section, Pub. L. 99–198, title XII, § 1230, as added Pub. L. 101–624, title XIV, § 1431(2), Nov. 28, 1990, 104 Stat. Page 2356 TITLE 16—CONSERVATION § 3830a 3576; amended Pub. L. 103–66, title I, § 1402(a), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104–127, title III, § 331, Apr. 4, 1996, 110 Stat. 992; Pub. L. 107–171, title II, § 2006(b), May 13, 2002, 116 Stat. 237, related to comprehensive con- servation enhancement program. Statutory Notes and Related Subsidiaries CONSERVATION ASSISTANCE Pub. L. 106–224, title II, § 211, June 20, 2000, 114 Stat. 406, as amended by Pub. L. 107–171, title II, § 2503(b)(1)(B), May 13, 2002, 116 Stat. 269, authorized Secretary to use $40,000,000 of funds of the Commodity Credit Corporation to provide financial assistance to farmers and ranchers to address threats to soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat; comply with Federal and State environmental laws; and make beneficial, cost-ef- fective changes to cropping systems, grazing manage- ment, manure, nutrient, pest, or irrigation manage- ment, land uses, or other measures needed to conserve and improve soil, water, and related natural resources. FARMLAND PROTECTION PROGRAM Pub. L. 104–127, title III, § 388, Apr. 4, 1996, 110 Stat. 1020, directed Secretary of Agriculture to establish and carry out a farmland protection program, prior to re- peal by Pub. L. 107–171, title II, § 2503(b)(1)(A), May 13, 2002, 116 Stat. 269. [Pub. L. 107–171, title II, § 2503(b)(2), May 13, 2002, 116 Stat. 269, provided that: ‘‘The amendment made by paragraph (1)(A) [repealing section 388 of Pub. L. 104–127, formerly set out above] shall have no effect on any contract entered into under section 388 of the Fed- eral Agriculture Improvement and Reform Act of 1996 [Pub. L. 104–127] (16 U.S.C. 3830 note) that is in effect as of the date of enactment of this Act [May 13, 2002].’’] § 3830a. Repealed. Pub. L. 107–171, title I, § 1613(j)(3), title II, § 2006(c), May 13, 2002, 116 Stat. 221, 237 Section, Pub. L. 99–198, title XII, § 1230A, as added Pub. L. 106–387, § 1(a) [title VII, § 755], Oct. 28, 2000, 114 Stat. 1549, 1549A–42, related to good faith reliance. SUBPART B—CONSERVATION RESERVE Editorial Notes CODIFICATION Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985, comprising this subpart, was originally designated in Pub. L. 99–198, title XII, Dec. 23, 1985, 99 Stat. 1509, by Pub. L. 101–624, title XIV, §§ 1431(1), 1432(1), Nov. 28, 1990, 104 Stat. 3576, 3577, and amended by Pub. L. 99–500, Oct. 18, 1986, 100 Stat. 1783, and Pub. L. 99–591, Oct. 30, 1986, 100 Stat. 3341; Pub. L. 99–641, Nov. 10, 1986, 100 Stat. 3556; Pub. L. 100–233, Jan. 6, 1988, 101 Stat. 1568; Pub. L. 100–387, Aug. 11, 1988, 102 Stat. 924; Pub. L. 101–512, Nov. 5, 1990, 104 Stat. 1915; Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3359; Pub. L. 102–237, Dec. 13, 1991, 105 Stat. 1818; Pub. L. 102–324, July 22, 1992, 106 Stat. 447; Pub. L. 102–552, Oct. 28, 1992, 106 Stat. 4102; Pub. L. 103–66, Aug. 10, 1993, 107 Stat. 312; Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 888; Pub. L. 106–78, Oct. 22, 1999, 113 Stat. 1135; Pub. L. 106–387, Oct. 28, 2000, 114 Stat. 1549; Pub. L. 107–76, Nov. 28, 2001, 115 Stat. 704. Subchapter B is shown herein, however, as having been added by Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 238, without reference to the intervening amendments because of the extensive revision of the subchapter’s provisions by Pub. L. 107–171. § 3831. Conservation reserve (a) In general Through the 2023 fiscal year, the Secretary shall formulate and carry out a conservation re- serve 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 es- tablished 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 crop- ping 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 en- rolled 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 estab- lished 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 will be devoted to— (A) a grass sod waterway; (B) a contour grass sod strip; (C) a prairie strip; (D) a filterstrip; (E) a riparian buffer; (F) a wetland or a wetland buffer; (G) a saturated buffer; (H) a bioreactor; or (I) another similar water quality practice, as determined by the Secretary; (5) cropland that is otherwise ineligible if the Secretary determines that— (A) if permitted to remain in agricultural production, the land would— (i) contribute to the degradation of soil, water, or air quality; or (ii) pose an on-site or off-site environ- mental threat to soil, water, or air qual- ity; (B) the land is a— (i) newly-created, permanent grass sod waterway; or (ii) a contour grass sod strip established and maintained as part of an approved con- servation plan; (C) the land will be devoted to newly es- tablished living snow fences, permanent