16 U.S.C. § 3831b — Farmable wetland program

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as provided in subsection (b), section 1231A of the Food Security Act of 1985 ([former] 16 U.S.C. 3831a) is repealed.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 under section 1231A of the Food Security Act of 1985 ([former] 16 U.S.C. 3831a) 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 or agreement. ‘‘(2) FUNDING.—The Secretary [of Agriculture] may use funds made available to carry out the conserva- tion reserve program 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.) to continue to carry out contracts or agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts or agreements as in existence on the day before the date of enactment of the Agricul- tural Act of 2014.’’ § 3831b. Farmable wetland program (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 Sec- retary 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 re- serve, 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) 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 sub- surface flow from row crop agricultural pro- duction and is designed to provide nitrogen removal in addition to other wetland func- tions; (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 re- serve, pursuant to the program established under this section, buffer acreage that— (A) with respect to land described in sub- paragraph (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 de- termines is necessary to protect such land, taking into consideration and accommo- dating the farming practices (including the straightening of boundaries to accom- modate machinery) used with respect to the cropland that surrounds such land; and (B) with respect to land described in sub- paragraph (D) of paragraph (1), enhances a wildlife benefit to the extent practicable in terms of upland to wetland ratios, as deter- mined by the Secretary. (c) Program limitations (1) Acreage limitation The Secretary may enroll in the conserva- tion reserve, pursuant to the program estab- lished 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 en- rolled 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 fis- cal year the quantity of— (A) acreage enrolled to establish conserva- tion buffers as part of the program an- Page 2364 TITLE 16—CONSERVATION § 3831b nounced 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 pro- gram. 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 para- graph (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 pro- gram 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 con- servation 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 conserva- tion contract. (2) Buffer acreage The maximum size of any buffer acreage de- scribed in subsection (b)(2) that an owner or operator may enroll in the conservation re- serve 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 sec- tion, 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 Sec- retary; (2) to establish vegetative cover (which may include emerging vegetation in water and bot- tomland hardwoods, cypress, and other appro- priate 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 sec- tion 3832 of this title. (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 oper- ator based on rental rates for cropland; and (B) provide assistance to the owner or op- erator in accordance with sections 3833 and 3834 of this title. (2) Contract offers and payments The Secretary shall use the method of deter- mination described in section 3834(d) of this title to determine the acceptability of con- tract offers and the amount of rental pay- ments under this section. (3) Incentives The amounts payable to owners and opera- tors in the form of rental payments under con- tracts entered into under this section shall re- flect incentives that are provided to owners and operators to enroll filterstrips in the con- servation reserve under section 3834 of this title. (Pub. L. 99–198, title XII, § 1231B, as added Pub. L. 110–234, title II, § 2106(a)(1), May 22, 2008, 122 Stat. 1029, and Pub. L. 110–246, § 4(a), title II, § 2106(a)(1), June 18, 2008, 122 Stat. 1664, 1757; amended Pub. L. 113–79, title II, § 2002, Feb. 7, 2014, 128 Stat. 714; Pub. L. 115–334, title II, §§ 2203, 2821(c), Dec. 20, 2018, 132 Stat. 4538, 4603.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 3831(h) of this title prior to repeal by Pub. L. 110–246. AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–334, § 2203(1), sub- stituted ‘‘2023’’ for ‘‘2018’’. Subsec. (b)(2)(A)(i). Pub. L. 115–334, § 2821(c), inserted semicolon at end. Subsec. (f)(2). Pub. L. 115–334, § 2203(2), substituted ‘‘3834(d)’’ for ‘‘3834(d)(2)(A)(ii)’’. 2014—Pub. L. 113–79, § 2002(d)(1), substituted ‘‘Farmable wetland program’’ for ‘‘Pilot program for enrollment of wetland and buffer acreage in conserva- tion reserve’’ in section catchline. Subsec. (a)(1). Pub. L. 113–79, § 2002(a), substituted ‘‘2018’’ for ‘‘2012’’ and ‘‘a farmable wetland program’’ for ‘‘a program’’. Subsec. (b)(1)(B). Pub. L. 113–79, § 2002(b), substituted ‘‘surface and subsurface flow from row crop agricul- tural production’’ for ‘‘flow from a row crop agriculture drainage system’’. Subsec. (c)(1)(B). Pub. L. 113–79, § 2002(c), substituted ‘‘750,000’’ for ‘‘1,000,000’’. Subsec. (f)(2). Pub. L. 113–79, § 2002(d)(2), substituted ‘‘section 3834(d)(2)(A)(ii)’’ for ‘‘section 3834(c)(2)(B)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the Page 2365 TITLE 16—CONSERVATION § 3831c date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. § 3831c. Pilot programs (a) CLEAR 30 (1) In general (A) Enrollment The Secretary shall establish a pilot pro- gram to enroll land in the conservation re- serve program through a 30-year conserva- tion reserve contract (referred to in this sub- section as a ‘‘CLEAR 30 contract’’) in ac- cordance with this subsection. (B) Inclusion of acreage limitation For purposes of applying the limitations in section 3831(d)(1) of this title, the Secretary shall include acres of land enrolled under this subsection. (2) Expired conservation contract election (A) Definition of covered contract In this paragraph, the term ‘‘covered con- tract’’ means a contract entered into under this subpart that— (i) expires on or after December 20, 2018; and (ii) covers land enrolled in the conserva- tion reserve program under the clean lakes, estuaries, and rivers priority de- scribed in section 3831(d)(3) of this title (or the predecessor practices that constitute the priority, as determined by the Sec- retary). (B) Election On the expiration of a covered contract, an owner or operator party to the covered con- tract shall elect— (i) not to reenroll the land under the contract; (ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or (iii) not to reenroll the land under the contract and to enroll that land through a CLEAR 30 contract under this subsection. (3) Eligible land Only land that is subject to an expired cov- ered contract shall be eligible for enrollment through a CLEAR 30 contract under this sub- section. (4) Term The term of a CLEAR 30 contract shall be 30 years. (5) Agreements To be eligible to enroll land in the conserva- tion reserve program through a CLEAR 30 con- tract, the owner of the land shall enter into an agreement with the Secretary— (A) to implement a conservation reserve plan developed for the land; (B) to comply with the terms and condi- tions of the contract and any related agree- ments; and (C) to temporarily suspend the base his- tory for the land covered by the contract. (6) Terms and conditions of CLEAR 30 con- tracts (A) In general A CLEAR 30 contract shall include terms and conditions that— (i) permit— (I) repairs, improvements, and inspec- tions on the land that are necessary to maintain existing public drainage sys- tems; and (II) owners to control public access on the land while identifying access routes to be used for restoration activities and management and contract monitoring; (ii) prohibit— (I) the alteration of wildlife habitat and other natural features of the land, unless specifically authorized by the Secretary as part of the conservation re- serve plan; (II) the spraying of the land with chemicals or the mowing of the land, ex- cept where the spraying or mowing is au- thorized by the Secretary or is nec- essary— (aa) to comply with Federal or State noxious weed control laws; (bb) to comply with a Federal or State emergency pest treatment pro- gram; or (cc) to meet habitat needs of specific wildlife species; (III) any activity to be carried out on the land of the owner or successor that is immediately adjacent to, and function- ally related to, the land that is subject to the contract if the activity will alter, degrade, or otherwise diminish the func- tional value of the land; and (IV) the adoption of any other practice that would tend to defeat the purposes of the conservation reserve program, as de- termined by the Secretary; and (iii) include any additional provision that the Secretary determines is appro- priate to carry out this section or facili- tate the practical administration of this section. (B) Violation On the violation of a term or condition of a CLEAR 30 contract, the Secretary may re- quire the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary. (C) Compatible uses Land subject to a CLEAR 30 contract may be used for compatible economic uses, in- cluding hunting and fishing, managed tim- ber harvest, or periodic haying or grazing, if the use— (i) is specifically permitted by the con- servation reserve plan developed for the land; and (ii) is consistent with the long-term pro- tection and enhancement of the conserva- tion resources for which the contract was established.