16 U.S.C. § 3865d — Administration

(a) The Secretary may not use program funds to acquire an easement on land owned by a United States agency, except land held in trust for Indian tribes; land owned in fee by a State, including a State agency or subdivision, or by a local government; land already subject to an easement or deed restriction that the Secretary finds provides similar protection; or land whose on-site or off-site conditions, such as hazardous substances, rights-of-way, infrastructure development, or adjacent land uses, would undermine the program. (b) When evaluating applications, the Secretary may prioritize land enrolled in the conservation reserve program under a contract that will expire within one year. For an agricultural land easement, the land must be grassland that would benefit from long-term-easement protection. For a wetland reserve easement, it must be a wetland or related area with the highest wetland functions and value and likely to return to production after leaving the conservation reserve program. (c)(1) The Secretary may subordinate all or part of an interest in land administered under the program, including for utilities and energy-transmission services, if the Secretary determines that the action increases conservation values or has only a limited negative effect; minimally affects the acreage subject to the interest; and is in the public interest or furthers practical program administration. (c)(2)(A) The Secretary may approve a modification or exchange of all or part of an interest if no reasonable alternative exists and the effect on the interest is avoided or minimized as much as practicable. The Secretary must also determine that the modification or exchange produces equal or greater conservation values; equal or greater economic value to the United States; consistency with the easement’s original intent; consistency with the program’s purposes; and a public-interest or practical-administration benefit. (c)(2)(B) The Secretary may not increase a payment to an eligible entity because of a modification or exchange. (c)(3) The Secretary may approve termination of all or part of an interest if termination is in the Federal Government’s interest; the United States will receive full compensation for the interest’s fair market value, termination costs, and damages the Secretary considers appropriate; and termination will address a compelling public need for which there is no practicable alternative even after avoidance and minimization, and will further practical program administration. (c)(4) The Secretary must obtain the landowner’s and, when applicable, the eligible entity’s consent before subordinating, exchanging, modifying, or terminating an interest. (c)(5) At least 90 days before taking termination action, the Secretary must give written notice to the House Agriculture Committee and the Senate Agriculture, Nutrition, and Forestry Committee. (d)(1) The Secretary may terminate or modify a conservation-reserve contract if land under the contract is enrolled in a wetland reserve easement. (d)(2) Under subtitle H of title II of the Agricultural Act of 2014, land enrolled in the wetlands reserve, grassland reserve, or farmland protection program on February 6, 2014, is treated as enrolled in this program. (d)(3) A farmer or rancher who owns land subject to an agricultural land easement may enter into a contract under subpart B of part I of subchapter IV. (e) The Secretary may not provide assistance under this subchapter to an eligible entity or owner unless, during the crop year for which assistance is provided, the entity or owner agrees to comply with applicable conservation requirements under subchapter II and applicable wetland-protection requirements under subchapter III.