16 U.S.C. § 3831a — Conservation reserve enhancement pro-

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 subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.). STUDY OF IMPACT OF PILOT PROGRAM Pub. L. 106–387, § 1(a) [title XI, § 1104], Oct. 28, 2000, 114 Stat. 1549, 1549A–78, required the Secretary of Agri- culture to conduct a study of the impact of the pilot program established under former section 3831(h) of this title, as added by section 1(a) [title XI, § 1102(a)] of Pub. L. 106–387, and to report on the results of the study to committees of Congress not later than Mar. 1, 2003. STUDY OF LAND USE FOR EXPIRING CONTRACTS AND EXTENSION OF AUTHORITY Pub. L. 101–624, title XIV, § 1437, Nov. 28, 1990, 104 Stat. 3584, which required the Secretary of Agriculture to conduct a study of cropland subject to expiring con- servation reserve contracts entered into prior to Nov. 28, 1990, and to report on the study to committees of Congress not later than Dec. 31, 1993, and authorized the Secretary, during calendar years 1996 to 2000, to ex- tend up to 10 years contracts entered into under this subpart prior to Nov. 28, 1990, or to purchase long-term or permanent easements as provided for in former part III of this subchapter, at the option of the owner or op- erator on land that the Secretary has determined under the study should remain in conserving uses, was re- pealed by Pub. L. 115–334, title II, § 2815, Dec. 20, 2018, 132 Stat. 4602. EXISTING CONSERVATION PROGRAMS Pub. L. 99–263, Mar. 24, 1986, 100 Stat. 59, provided: ‘‘That the conservation reserve program shall not re- place or reduce any existing conservation program.’’ § 3831a. Conservation reserve enhancement pro- gram (a) Definitions In this section: (1) CREP The term ‘‘CREP’’ means a conservation re- serve 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 estab- lished 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); 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 en- hance 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 con- servation reserve enhancement program— (A) to assist in enrolling eligible land in the program established under this subpart; and (B) that the Secretary determines will ad- vance 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 ad- dressed by the agreement; (ii) quantifiable environmental goals for addressing the concerns under clause (i); (iii) a suitable acreage goal for enroll- ment of eligible land under the agreement, as determined by the Secretary; (iv) the location of eligible land to be en- rolled 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 con- cerns described under clause (i), as deter- mined 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 ne- gotiation between the Secretary and 1 or more eligible partners, if the majority of the matching funds to carry out the agree- ment are provided by 1 or more eligible partners that are not nongovernmental or- ganizations; or Page 2362 TITLE 16—CONSERVATION § 3831a (ii) in an amount not less than 30 percent of the cost required to carry out the con- servation measures and practices described in the agreement, if a majority of the matching funds to carry out the agree- ment are provided by 1 or more nongovern- mental organizations; and (C) include procedures to allow for a tem- porary waiver of the matching requirements under subparagraph (B), or continued enroll- ment with a temporary suspension of incen- tives or eligible partner contributions for new agreements, during a period when an el- igible partner loses the authority or ability to provide matching contributions, if the Secretary determines that the temporary waiver or continued enrollment with a tem- porary 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, mod- ify, 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 En- hancement Program established by the Sec- retary 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 de- termined by the Secretary. (B) Exemption For purposes of implementing conserva- tion practices on land enrolled under a CREP, the Secretary may waive the con- tribution limitation described in section 3834(b)(2)(A) of this title. (4) Riparian buffer management payments (A) In general In the case of an agreement under sub- section (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, con- sistent with the conservation plan that cov- ers 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 manage- ment cost, as determined by the Secretary, in consultation with the applicable State technical committee established under sec- tion 3861(a) of this title. (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 con- ditions that— (i) the plants shall contribute to the con- servation of soil, water quality, and wild- life 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; and (II) technical guide standards of the applicable field office of the Natural Re- sources 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 nega- tive 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 re- duction in the rental rate commensurate to the value of the crop harvested. (2) Technical assistance For the purpose of enrolling forested ripar- ian 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 estab- lished under section 3861(a) of this title, 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 crit- ical to the accomplishment of the purposes of the agreement; (2) permit dryland agricultural uses with the adoption of best management practices on en- rolled land if the agreement involves the sig- nificant long-term reduction of consumptive water use and dryland production is compat- ible with the agreement; and 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-