-CITE-
16 USC Sec. 3837 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 c - wetlands reserve program

-HEAD-
Sec. 3837. Wetlands reserve program

-STATUTE-
(a) Establishment
The Secretary shall establish a wetlands reserve program to
assist owners of eligible lands in restoring and protecting
wetlands.
(b) Enrollment conditions
(1) Maximum enrollment
The total number of acres enrolled in the wetlands reserve
program shall not exceed 975,000 acres.
(2) Methods of enrollment
(A) In general
Subject to subparagraph (B), effective beginning October 1,
1996, to the maximum extent practicable, the Secretary shall
enroll into the wetlands reserve program -
(i) 1/3 of the acres through the use of permanent
easements;
(ii) 1/3 of the acres through the use of 30-year easements;
and
(iii) 1/3 of the acres through the use of restoration
cost-share agreements.
(B) Temporary easements
Effective beginning October 1, 1996, the Secretary shall not
enroll acres in the wetlands reserve program through the use of
new permanent easements until the Secretary has enrolled at
least 75,000 acres in the program through the use of temporary
easements.
(C) Construction
For purposes of subparagraph (A), to the maximum extent
practicable should be interpreted to mean that acceptance of
wetlands reserve program bids may be in proportion to landowner
interest expressed in program options.
(c) Eligibility
For purposes of enrolling land in the wetland reserve established
under this subpart during the 1991 through 2002 calendar years,
land shall be eligible to be placed into such reserve if the
Secretary, in consultation with the Secretary of the Interior at
the local level, determines that -
(1) such land maximizes wildlife benefits and wetland values
and functions;
(2) such land is farmed wetland or converted wetland, together
with adjacent lands that are functionally dependent on such
wetlands, except that converted wetlands where the conversion was
not commenced prior to December 23, 1985, shall not be eligible
to be enrolled in the program under this section; and
(3) the likelihood of the successful restoration of such land
and the resultant wetland values merit inclusion of such land in
the program taking into consideration the cost of such
restoration.
(d) Other eligible land
The Secretary may include in the wetland reserve established
under this subpart, together with land that is eligible under
subsection (c) of this section, land that maximizes wildlife
benefits and that is -
(1) farmed wetland and adjoining lands, enrolled in the
conservation reserve, with the highest wetland functions and
values, and that are likely to return to production after they
leave the conservation reserve;
(2) other wetland of an owner that would not otherwise be
eligible if the Secretary determines that the inclusion of such
wetland in such easement would significantly add to the
functional value of the easement; or
(3) riparian areas that link wetlands that are protected by
easements or some other device or circumstance that achieves the
same purpose as an easement.
(e) Ineligible land
The Secretary may not acquire easements on -
(1) land that contains timber stands established under the
conservation reserve under subpart B; or
(2) pasture land established to trees under the conservation
reserve under subpart B.
(f) Termination of existing contract
The Secretary may terminate or modify an existing contract
entered into under section 3831(a) of this title if eligible land
that is subject to such contract is transferred into the program
established by this subpart.
(g) Easements
The Secretary shall enroll lands in the wetland reserve through
the purchase of easements as provided for in section 3837a of this
title.

-SOURCE-
(Pub. L. 99-198, title XII, Sec. 1237, as added Pub. L. 101-624,
title XIV, Sec. 1438, Nov. 28, 1990, 104 Stat. 3584; amended Pub.
L. 102-237, title II, Sec. 204(6), Dec. 13, 1991, 105 Stat. 1855;
Pub. L. 103-66, title I, Sec. 1402(c), Aug. 10, 1993, 107 Stat.
333; Pub. L. 104-127, title III, Sec. 333(a)-(c), Apr. 4, 1996, 110
Stat. 995; Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec.
752), Oct. 21, 1998, 112 Stat. 2681, 2681-32.)

-MISC1-
AMENDMENTS
1998 - Subsec. (b)(2)(C). Pub. L. 105-277 added subpar. (C).
1996 - Subsec. (b). Pub. L. 104-127, Sec. 333(a), added subsec.
(b) and struck out heading and text of former subsec. (b). Text
read as follows: ''The Secretary shall enroll into the wetlands
reserve program -
''(1) a total of not less than 330,000 acres by the end of the
1995 calendar year; and
''(2) a total of not less than 975,000 acres during the 1991
through 2000 calendar years.''
Subsec. (c). Pub. L. 104-127, Sec. 333(b), substituted ''2002''
for ''2000'' in introductory provisions, added par. (1), and
redesignated former pars. (1) and (2) as (2) and (3), respectively.
Subsec. (d). Pub. L. 104-127, Sec. 333(c), in introductory
provisions, inserted '', land that maximizes wildlife benefits and
that is'' after ''subsection (c) of this section'' and, in par.
(2), substituted ''or'' for ''and'' at end.
1993 - Subsec. (b). Pub. L. 103-66, Sec. 1402(c)(1), added
subsec. (b) and struck out former subsec. (b) ''Number of Acres''
which read as follows: ''To the extent practicable, the Secretary
shall attempt to enroll into the wetlands reserve program,
1,000,000 acres of land during the 1991 through 1995 calendar
years; except that the Secretary may not enroll more than 200,000
acres in 1991, 400,000 acres in the 1991 to 1992 period, 600,000
acres in the 1991 to 1993 period, 800,000 acres in the 1991 to 1994
period, and 1,000,000 acres in the 1991 to 1995 period.''
Subsec. (c). Pub. L. 103-66, Sec. 1402(c)(2), substituted
''2000'' for ''1995''.
1991 - Subsec. (d). Pub. L. 102-237 substituted ''subsection
(c)'' for ''subsection (d)'' in introductory provisions.
EFFECT OF 1996 AMENDMENTS ON EXISTING AGREEMENTS
Section 333(f) of Pub. L. 104-127 provided that: ''The amendments
made by this section (amending this section and sections 3837a and
3837c of this title) shall not affect the validity or terms of any
agreements entered into by the Secretary of Agriculture under
subchapter C of chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3837 et seq.) before the date of
enactment of this Act (Apr. 4, 1996) or any payments required to be
made in connection with the agreements.''