-CITE-
16 USC Sec. 3831 01/05/99

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE
PROGRAM
SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM
Part I - Environmental Conservation Acreage Reserve Program
subpart b - conservation reserve

-HEAD-
Sec. 3831. Conservation reserve

-STATUTE-
(a) In general
Through the 2002 calendar year, the Secretary shall formulate and
carry out the enrollment of lands in a conservation reserve program
through the use of contracts to assist owners and operators of
lands specified in subsection (b) of this section to conserve and
improve the soil and water resources of such lands.
(b) Eligible lands
The Secretary may include in the program established under this
subpart -
(1) highly erodible croplands that -
(A) if permitted to remain untreated could substantially
reduce the production capability for future generations; or
(B) can not be farmed in accordance with a plan under section
3812 of this title;
(2) marginal pasture lands converted to wetland or established
as wildlife habitat prior to November 28, 1990;
(3) marginal pasture lands to be devoted to trees in or near
riparian areas or for similar water quality purposes, not to
exceed 10 percent of the number of acres of land that is placed
in the conservation reserve under this subpart in each of the
1991 through 2002 calendar years;
(4) croplands that are otherwise not eligible -
(A) if the Secretary determines that (i) such lands
contribute to the degradation of water quality or would pose an
on-site or off-site environmental threat to water quality if
permitted to remain in agricultural production, and (ii) water
quality objectives with respect to such land cannot be achieved
under the water quality incentives program established under
part II of this subchapter;
(B) if such croplands are newly-created, permanent grass sod
waterways, or are contour grass sod strips established and
maintained as part of an approved conservation plan;
(C) that will be devoted to newly established living snow
fences, permanent wildlife habitat, windbreaks, shelterbelts,
or filterstrips devoted to trees or shrubs; or
(D) if the Secretary determines that such lands pose an
off-farm environmental threat, or pose a threat of continued
degradation of productivity due to soil salinity, if permitted
to remain in production.
(c) Certain land affected by secretarial action
For purposes of determining the eligibility of land to be placed
in the conservation reserve established under this subpart, land
shall be considered planted to an agricultural commodity during a
crop year if an action of the Secretary prevented land from being
planted to the commodity during the crop year.
(d) Maximum enrollment
The Secretary may maintain up to 36,400,000 acres in the
conservation reserve at any one time during the 1986 through 2002
calendar years (including contracts extended by the Secretary
pursuant to section 1437(c) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (Public Law 101-624; 16 U.S.C. 3831 note)).
(e) Duration of contract
(1) In general
For the purpose of carrying out this subpart, the Secretary
shall enter into contracts of not less than 10, nor more than 15,
years.
(2) Certain lands
In the case of land devoted to hardwood trees, shelterbelts,
windbreaks, or wildlife corridors under a contract entered into
under this subpart after October 1, 1990, and land devoted to
such uses under contracts modified under section 3835A of this
title, the owner or operator of such land may, within the
limitations prescribed under this section, specify the duration
of the contract. The Secretary may, in the case of land that is
devoted to hardwood trees under a contract entered into under
this subpart prior to October 1, 1990, extend such contract for
not to exceed 5 years, as agreed to by the owner or operator of
such land and the Secretary.
(f) Conservation priority areas
(1) Designation
Upon application by the appropriate State agency, the Secretary
shall designate watershed areas of the Chesapeake Bay Region
(Pennsylvania, Maryland, and Virginia), the Great Lakes Region,
the Long Island Sound Region, and other areas of special
environmental sensitivity as conservation priority areas.
(2) Eligible watersheds
Watersheds eligible for designation under this subsection shall
include areas with actual and significant adverse water quality
or habitat impacts related to agricultural production activities.
(3) Expiration
Conservation priority area designation under this subsection
shall expire after 5 years, subject to redesignation, except that
the Secretary may withdraw a watershed's designation -
(A) upon application by the appropriate State agency; or
(B) in the case of areas specified in this subsection, if the
Secretary finds that such areas no longer contain actual and
significant adverse water quality or habitat impacts related to
agricultural production activities.
(4) Duty of Secretary
In utilizing the authority granted under this subsection, the
Secretary shall attempt to maximize water quality and habitat
benefits in such watersheds by promoting a significant level of
enrollment of lands within such watersheds in the program under
this subpart by whatever means the Secretary determines
appropriate and consistent with the purposes of this subpart.
(g) Multi-year grasses and legumes
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.

-SOURCE-
(Pub. L. 99-198, title XII, Sec. 1231, Dec. 23, 1985, 99 Stat.
1509; Pub. L. 99-500, Sec. 101(a) (title VI, Sec. 643), Oct. 18,
1986, 100 Stat. 1783, 1783-36, and Pub. L. 99-591, Sec. 101(a)
(title VI, Sec. 643), Oct. 30, 1986, 100 Stat. 3341, 3341-36; Pub.
L. 99-641, title II, Sec. 205, Nov. 10, 1986, 100 Stat. 3563; Pub.
L. 101-624, title XIV, Sec. 1432(2), 1447(a), Nov. 28, 1990, 104
Stat. 3577, 3605; Pub. L. 102-324, Sec. 1(a), July 22, 1992, 106
Stat. 447; Pub. L. 103-66, title I, Sec. 1402(b), Aug. 10, 1993,
107 Stat. 332; Pub. L. 104-127, title III, Sec. 332(a)(1), (b),
Apr. 4, 1996, 110 Stat. 994.)

-COD-
CODIFICATION
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-
AMENDMENTS
1996 - Subsecs. (a), (b)(3). Pub. L. 104-127, Sec. 332(a)(1),
substituted ''2002'' for ''1995''.
Subsec. (d). Pub. L. 104-127, Sec. 332(b), added subsec. (d) and
struck out heading and text of former subsec. (d). Text read as
follows: ''The Secretary shall enter into contracts under this
section to place in the conservation reserve a total of 38,000,000
acres during the 1986 through 1995 calendar years. In enrolling
such acres, the Secretary shall reserve 1 million acres for
enrollment under this section in the 1995 calendar year.''
1993 - Subsec. (d). Pub. L. 103-66 in first sentence substituted
''shall'' for ''may'' after ''The Secretary'' and ''a total of
38,000,000 acres during the 1986 through 1995 calendar years'' for
''the amount of acres specified in section 3830(b) of this title''
and in second sentence substituted ''the 1995 calendar year'' for
''each of calendar years 1994 and 1995''.
1992 - Subsec. (b)(4)(C). Pub. L. 102-324 struck out '', and made
subject to an easement for the useful life of,'' after ''will be
devoted to''.
1990 - Pub. L. 101-624, Sec. 1432(2), amended section generally,
adding subsecs. (b), (c), (d), (e)(2), and (f), amending subsec.
(a) by extending applicability of provisions from 1990 through 1995
and substituting reference to lands specified in subsec. (b) for
reference to highly erodible cropland, redesignating subsec. (e) as
subsec. (e)(1), and redesignating subsec. (f) as (g).
Pub. L. 101-624, Sec. 1447(a), substituted ''this subpart'' for
''this subchapter'' wherever appearing in this section as it
existed prior to enactment of Pub. L. 101-624.
1986 - Subsec. (f). Pub. L. 99-500, Pub. L. 99-591, and Pub. L.
99-641 made substantially identical amendments adding subsec. (f).
STUDY OF LAND USE FOR EXPIRING CONTRACTS AND EXTENSION OF AUTHORITY
Section 1437 of Pub. L. 101-624 provided that:
''(a) In General. - The Secretary of Agriculture shall conduct a
study of cropland subject to expiring conservation reserve
contracts entered into prior to the date of enactment of this Act
(Nov. 28, 1990) under subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.). Such study shall include the
consideration of -
''(1) the environmental benefits of such lands that remain out
of crop production as compared to the economic benefits that
would result from returning such lands to production under
adequate stewardship and management;
''(2) the renewal of the contracts in a manner that allows for
certain sustainable economic uses of cropland in return for lower
rental payments;
''(3) the purchase of permanent easements permitting specified
economic uses of cropland subject to the contracts;
''(4) the purchase of the cropland subject to the contracts;
''(5) the preservation of crop acreage bases associated with
cropland subject to the contracts if the owner or operator
continues to devote the cropland to conserving uses;
''(6) the purchase of crop acreage bases associated with
cropland subject to the contracts; and
''(7) the expiration of the contracts.
''(b) Report. - Not later than December 31, 1993, the Secretary
of Agriculture shall prepare and submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
concerning the results of the study conducted under subsection (a)
and recommendations concerning the treatment of lands subject to
expiring contracts under subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.), proposed legislation
addressing the treatment of such lands, and the projected cost of
such treatment.
''(c) Extensions. - During the 1996 through 2000 calendar years,
the Secretary of Agriculture may -
''(1) extend up to 10 years contracts 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) (16 U.S.C. 3831 et seq.)
prior to the date of enactment of this Act (Nov. 28, 1990); or
''(2) purchase long-term or permanent easements as provided for
in chapter 3 (16 U.S.C. 3839 et seq.);
at the option of the owner or operator on land that the Secretary
has determined under the study conducted under subsection (a)
should remain in conserving uses.''
EXISTING CONSERVATION PROGRAMS
Pub. L. 99-263, Mar. 24, 1986, 100 Stat. 59, provided: ''That the
conservation reserve program shall not replace or reduce any
existing conservation program.''

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3837, 3839 of this title;
title 7 sections 7211, 7212.