16 U.S.C. § 3831 — Conservation reserve
submitted 24 years ago by Pub. L. 99-198 to r/title-16-CONSERVATION · 2,107 words · no verdicts yet
This section establishes a contract-based conservation reserve program through fiscal year 2023. It identifies eligible land, acreage limits and enrollment priorities, contract terms, conservation-priority areas, reenrollment rules, and the required balance among conservation purposes.
(a) In general. Through fiscal year 2023, the Secretary must create and operate a conservation reserve program. The program must enroll land through contracts to help the owners and operators of land described in subsection (b) conserve and improve its soil, water, and wildlife resources and address issues raised by State, regional, and national conservation initiatives.
(b) Eligible land. The Secretary may include the following land:
(1) Highly erodible cropland that (A) either (i) could substantially reduce the ability of future generations to produce agricultural goods if left untreated, or (ii) cannot be farmed under a plan meeting subchapter II; and (B) the Secretary determines had a cropping history or was considered planted for 4 of the 6 years before December 20, 2018. Cropland enrolled in the conservation reserve must be considered planted for this purpose.
(2) Marginal pastureland devoted to suitable vegetation, including trees, in or near riparian areas, or devoted to similar water-quality purposes. This includes marginal pastureland converted to wetland or made into wildlife habitat.
(3) Grasslands that (A) contain forbs or shrubland, including improved rangeland and pastureland, where grazing is the main use; (B) are in an area historically dominated by grasslands; and (C) could provide habitat for animal and plant populations of significant ecological value if kept in its current use or restored to a natural condition.
(4) Cropland, marginal pastureland, and grasslands that will improve water quality and 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 wetland buffer; (G) a saturated buffer; (H) a bioreactor; or (I) another similar water-quality practice the Secretary determines.
(5) Cropland otherwise ineligible if the Secretary determines that (A) continued agricultural production would (i) degrade soil, water, or air quality or (ii) threaten those qualities on or off the site; (B) the land is (i) a newly created permanent grass-sod waterway or (ii) a contour grass-sod strip established and maintained as part of an approved conservation plan; (C) it will be used for newly established living snow fences, permanent wildlife habitat, windbreaks, shelterbelts, salt-tolerant vegetation, field borders, or practices benefiting State- or federally identified wellhead-protection areas; (D) continued production would threaten the environment off the farm or cause continued loss of productivity because of soil salinity; or (E) enrollment would create a net saving of groundwater or surface water for the producer’s agricultural operation.
(6) The part of a field not enrolled when more than 50 percent is enrolled as a buffer or filterstrip, or more than 75 percent is enrolled in another conservation practice, if the remaining part is infeasible to farm and is enrolled at regular rental rates.
(7) Land the Secretary determines (A) was enrolled under a 15-year contract that expired on September 30, 2017, or September 30, 2018; (B) had no opportunity for additional enrollment; and (C) still has the conservation practice required by the expired contract.
(c) Planting status. For deciding whether land may enter the conservation reserve, land counts as planted to an agricultural commodity during a crop year if it was used for conservation during that crop year.
(d) Enrollment.
(1) Maximum acreage. The Secretary may keep no more than 24,000,000 acres enrolled in fiscal year 2019, 24,500,000 in 2020, 25,000,000 in 2021, 25,500,000 in 2022, and 27,000,000 in 2023.
(2) Grasslands.
(A) Minimum and yearly amounts. For applying paragraph (1), the Secretary must enroll and keep at least 2,000,000 acres of subsection (b)(3) grassland by September 30, 2023. To the greatest practicable extent, the Secretary must keep 1,000,000 acres in fiscal year 2019, 1,500,000 in 2020, and 2,000,000 in each of 2021 through 2023.
(B) Priority. In enrolling these acres, the Secretary may give priority to land with expiring conservation-reserve contracts, land at risk of conversion or development, or ecologically significant land. Ecologically significant land includes land that could help restore threatened or endangered species, prevent a species from being listed as threatened or endangered under the Endangered Species Act of 1973, or improve or create wildlife-habitat corridors.
(C) Enrollment method. The Secretary must make the program available annually to owners and operators of eligible grassland, with one or more ranking periods. For subsection (b)(3) grassland, at least one ranking period must be announced after general-enrollment offers are announced.
(D) Unenrolled acres. If the Secretary cannot enroll enough subsection (b)(3) grassland in a fiscal year to meet the required yearly amount, the Secretary must reserve the remaining acres for that type of land. Those acres cannot be used to enroll another type of eligible land.
(3) Water-quality practices to foster clean lakes, estuaries, and rivers.
(A) The Secretary must give priority within continuous enrollment under paragraph (6) to subsection (b)(4) land.
(B) That priority must favor practices that would reduce sediment loadings, nutrient loadings, and harmful algal blooms, as the Secretary determines.
(C) To the greatest practicable extent, at least 40 percent of acres enrolled continuously under paragraph (6) must be subsection (b)(4) land. These acres may not include subsection (b)(3) grasslands.
(D) In the Secretary’s monthly conservation-reserve statistics, the Secretary must describe enrollments receiving this priority. The Farm Service Agency website must also contain an annual report summarizing new enrollments, expirations, geographic distribution, and estimated water-quality benefits.
(4) State enrollment rates. At the start of each fiscal year from 2019 through 2023, to the greatest practicable extent, the Secretary must allocate to the States, for conservation-reserve enrollment, an amount equal to 60 percent of the available acreage for that year, in proportion to historical State enrollment rates. In making the allocation, the Secretary must consider (A) each State’s average acreage of all land enrolled during fiscal years 2007 through 2016; (B) the national average acreage of all land enrolled during those years; and (C) the acres available for enrollment in 2019 through 2023, excluding the acres described in paragraph (2) (the grassland minimums).
(5) Frequency. For contracts not available through continuous enrollment, the Secretary must hold a signup and enrollment at least once each year.
(6) Continuous enrollment.
(A) To the greatest practicable extent, the Secretary must allow producers to apply continuously for enrollment of (i) marginal pastureland under subsection (b)(2), subsection (b)(4) land, and subsection (b)(5) cropland, and (ii) land in the conservation reserve enhancement program under section 3831a.
(B) To the greatest practicable extent, the Secretary must enroll and keep at least 8,600,000 acres under subparagraph (A) by September 30, 2023. The Secretary must keep 8,000,000 acres in fiscal year 2019, 8,250,000 in 2020, 8,500,000 in 2021, and 8,600,000 in each of 2022 and 2023.
(e) Contract duration.
(1) Contracts must last at least 10 years and no more than 15 years.
(2) For land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors, the owner or operator may choose the contract’s duration within those limits.
(f) Conservation-priority areas.
(1) On an application by the appropriate State agency, the Secretary must designate especially environmentally sensitive areas as conservation-priority areas.
(2) Eligible areas include areas with actual and significant harmful effects on water quality or habitat related to agricultural production activities.
(3) A designation expires after 5 years and may be renewed. The Secretary may withdraw it if the area no longer has actual and significant harmful water-quality or habitat effects related to agricultural production.
(4) The Secretary must try to maximize water-quality and habitat benefits in the relevant watersheds by promoting substantial enrollment of land in the program, using means the Secretary finds appropriate and consistent with this subpart.
(g) Multi-year grasses and legumes.
(1) Alfalfa and other multi-year grasses and legumes in a rotation practice approved by the Secretary count as agricultural commodities for this subpart.
(2) Alfalfa grown as part of a rotation practice determined by the Secretary is an agricultural commodity for applying the subsection (b)(1)(B) cropping-history test.
(h) Reenrollment.
(1) When a contract expires, the land covered by it may be considered for reenrollment.
(2) Hardwood-tree land may generally be reenrolled only once. That limit does not apply to riparian forested buffers, forested wetlands enrolled under subsection (d)(3) or section 3831a, or shelterbelts.
(i) Balance of purposes. When deciding whether to accept contract offers, the Secretary must, to the greatest practicable extent, maintain an equitable balance among soil-erosion, water-quality, and wildlife-habitat purposes.
Through the 2023 fiscal year, the Secretary shall formulate and carry out a conservation reserve 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.
The Secretary may include in the program established under this subpart—
highly erodible cropland that—
if permitted to remain untreated could substantially reduce the agricultural production capability for future generations; or
cannot be farmed in accordance with a plan that complies with the requirements of subchapter II; and
the Secretary determines had a cropping 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 enrolled in the conservation reserve program;
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 established as wildlife habitat);
grasslands that—
contain forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;
are located in an area historically dominated by grasslands; and
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;
cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and will be devoted to—
a grass sod waterway;
a contour grass sod strip;
a prairie strip;
a filterstrip;
a riparian buffer;
a wetland or a wetland buffer;
a saturated buffer;
a bioreactor; or
another similar water quality practice, as determined by the Secretary;
cropland that is otherwise ineligible if the Secretary determines that—
if permitted to remain in agricultural production, the land would—
contribute to the degradation of soil, water, or air quality; or
pose an on-site or off-site environmental threat to soil, water, or air quality;
the land is a—
newly-created, permanent grass sod waterway; or
a contour grass sod strip established and maintained as part of an approved conservation plan;
the land will be devoted to newly established living snow fences, permanent wildlife habitat, windbreaks, shelterbelts, salt tolerant vegetation, field borders, or practices to benefit State or federally identified wellhead protection areas;
the land poses an off-farm environmental threat, or a threat of continued degradation of productivity due to soil salinity, if permitted to remain in production; or
enrollment of the land would facilitate a net savings in groundwater or surface water resources of the agricultural operation of the producer;
the portion of land in a field not enrolled in the conservation reserve in a case in which—
more than 50 percent of the land in the field is enrolled as a buffer or filterstrip, or more than 75 percent of the land in the field is enrolled as a conservation practice other than as a buffer or filterstrip; and
the remainder of the field is—
infeasible to farm; and
enrolled at regular rental rates; or
as determined by the Secretary, land—
that was enrolled in the conservation reserve program under a 15-year contract that expired on September 30, 2017, or September 30, 2018;
for which there was no opportunity for additional enrollment in that program; and
on which the conservation practice under the expired contract under subparagraph (A) is maintained.
For purposes of determining the eligibility of land to be placed in the conservation reserve established under this subpart, land shall be considered to be planted to an agricultural commodity during a crop year if, during the crop year, the land was devoted to a conserving use.
The Secretary may maintain in the conservation reserve at any one time during—
fiscal year 2019, not more than 24,000,000 acres;
fiscal year 2020, not more than 24,500,000 acres;
fiscal year 2021, not more than 25,000,000 acres;
fiscal year 2022, not more than 25,500,000 acres; and
fiscal year 2023, not more than 27,000,000 acres.
For purposes of applying the limitations in paragraph (1)—
the Secretary shall enroll and maintain in the conservation reserve not fewer than 2,000,000 acres of the land described in subsection (b)(3) by September 30, 2023; and
in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
fiscal year 2019, 1,000,000 acres;
fiscal year 2020, 1,500,000 acres; and
fiscal years 2021 through 2023, 2,000,000 acres.
In enrolling acres under subparagraph (A), the Secretary may give priority to land, as determined by the Secretary—
with expiring conservation reserve contracts;
at risk of conversion or development; or
of ecological significance, including land that—
may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
may assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
improves or creates wildlife habitat corridors.
In enrolling acres under subparagraph (A), the Secretary shall make the program available to owners or operators of eligible land on an annual enrollment basis with one or more ranking periods.
For purposes of grasslands described in subsection (b)(3), the Secretary shall announce at least 1 ranking period subsequent to the announcement of general enrollment offers.
If the Secretary is unable in a fiscal year to enroll enough acres of land described in subsection (b)(3) to meet the number of acres described in clause (ii) or (iii) 1 of subparagraph (A) for the fiscal year—
the Secretary shall reserve the remaining number of acres for that fiscal year for the enrollment of land described in subsection (b)(3); and
that number of acres shall not be available for the enrollment of any other type of eligible land.
The Secretary shall give priority within continuous enrollment under paragraph (6) to the enrollment of land described in subsection (b)(4).
In carrying out subparagraph (A), the Secretary shall give priority to the implementation of practices on land that, if enrolled, will help reduce sediment loadings, nutrient loadings, and harmful algal blooms, as determined by the Secretary.
Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 40 percent of acres enrolled in the conservation reserve using continuous enrollment under paragraph (6) shall be of land described in subsection (b)(4).
The acres described in clause (i) shall not include grasslands described in subsection (b)(3).
The Secretary shall—
in the monthly publication of the Secretary describing conservation reserve program statistics, include a description of enrollments through the priority under this paragraph; and
publish on the website of the Farm Service Agency an annual report describing a summary of, with respect to the enrollment priority under this paragraph—
new enrollments;
expirations;
geographic distribution; and
estimated water quality benefits.
At the beginning of each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall allocate to the States proportionately 60 percent of the available number of acres each year for enrollment in the conservation reserve, in accordance with historical State enrollment rates, taking into consideration—
the average number of acres of all land enrolled in the conservation reserve in each State during each of fiscal years 2007 through 2016;
the average number of acres of all land enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and
the acres available for enrollment during each of fiscal years 2019 through 2023, excluding acres described in paragraph (2).
In carrying out this subpart, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup and enrollment not less often than once each year.
To the maximum extent practicable, the Secretary shall allow producers to submit applications on a continuous basis for enrollment in—
the conservation reserve of—
marginal pasture land described in subsection (b)(2);
land described in subsection (b)(4); and
cropland described in subsection (b)(5); and
the conservation reserve enhancement program under section 3831a of this title.
For purposes of applying the limitations in paragraph (1)—
the Secretary shall, to the maximum extent practicable, enroll and maintain not fewer than 8,600,000 acres of land under subparagraph (A) by September 30, 2023; and
in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
fiscal year 2019, 8,000,000 acres;
fiscal year 2020, 8,250,000 acres;
fiscal year 2021, 8,500,000 acres; and
fiscal years 2022 and 2023, 8,600,000 acres.
For the purpose of carrying out this subpart, the Secretary shall enter into contracts of not less than 10, nor more than 15, years.
In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subpart, the owner or operator of the land may, within the limitations prescribed under paragraph (1), specify the duration of the contract.
On application by the appropriate State agency, the Secretary shall designate areas of special environmental sensitivity as conservation priority areas.
Areas eligible for designation under this subsection shall include areas with actual and significant adverse water quality or habitat impacts related to agricultural production activities.
Conservation priority area designation under this subsection shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw an area’s designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.
In carrying out this subsection, the Secretary shall attempt to maximize water quality and habitat benefits in the watersheds described in paragraph (1) by promoting a significant level of enrollment of land within the watersheds in the program under this subpart by whatever means the Secretary determines are appropriate and consistent with the purposes of this subpart.
For purposes of this subpart, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities.
Alfalfa, when grown as part of a rotation practice, as determined by the Secretary, is an agricultural commodity subject to the cropping history criteria under subsection (b)(1)(B) for the purpose of determining whether highly erodible cropland has been planted or considered planted for 4 of the 6 years referred to in such subsection.
On the expiration of a contract entered into under this subpart, the land subject to the contract shall be eligible to be considered for reenrollment in the conservation reserve.
Except as provided in subparagraph (B), land subject to a contract entered into under this subpart shall be eligible for only one reenrollment in the conservation reserve under paragraph (1) if the land is devoted to hardwood trees.
Subparagraph (A) shall not apply to—
riparian forested buffers;
forested wetlands enrolled under subsection (d)(3) or the conservation reserve enhancement program under section 3831a of this title; and
shelterbelts.
In determining the acceptability of contract offers under this subpart, the Secretary shall ensure, to the maximum extent practicable, an equitable balance among the conservation purposes of soil erosion, water quality, and wildlife habitat.
Source credit: (Pub. L. 99–198, title XII, § 1231, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 238; amended Pub. L. 109–148, div. B, title I, § 107(a), Dec. 30, 2005, 119 Stat. 2750; Pub. L. 109–234, title III, § 3022, June 15, 2006, 120 Stat. 478; Pub. L. 110–28, title IV, § 4101, May 25, 2007, 121 Stat. 152; Pub. L. 110–234, title II, §§ 2101–2105, 2106(a)(2), (b)(1), May 22, 2008, 122 Stat. 1028, 1029, 1031, 1032; Pub. L. 110–246, § 4(a), title II, §§ 2101–2105, 2106(a)(2), (b)(1), June 18, 2008, 122 Stat. 1664, 1756, 1757, 1759, 1760; Pub. L. 112–240, title VII, § 701(c)(1), Jan. 2, 2013, 126 Stat. 2363; Pub. L. 113–79, title II, § 2001, Feb. 7, 2014, 128 Stat. 713; Pub. L. 115–334, title II, § 2201, Dec. 20, 2018, 132 Stat. 4530.)
- 2002Enacted · Pub. L. 99-198 · 116 Stat. 238
- 2005Amended · Pub. L. 109-148 · 119 Stat. 2750
- 2006Amended · Pub. L. 109-234 · 120 Stat. 478
- 2007Amended · Pub. L. 110-28 · 121 Stat. 152
- 2008Amended · Pub. L. 110-234 · 122 Stat. 1028, 1029, 1031, 1032
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 1756, 1757, 1759, 1760
- 2013Amended · Pub. L. 112-240 · 126 Stat. 2363
- 2014Amended · Pub. L. 113-79 · 128 Stat. 713
- 2018Amended · Pub. L. 115-334 · 132 Stat. 4530
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-198 on 2002-05-13.
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