16 U.S.C. § 3837
Section 3837 · Wetlands reserve program
Current version, with additions and removals from the October 21, 1998 version.
(1) Establishment
The Secretary shall establish a wetlands reserve program to assist owners of eligible lands in restoring and protecting wetlands.
The Secretary shall establish a wetlands reserve program to assist owners of eligible lands in restoring and protecting wetlands.
(2) Purposes
The purposes of the wetlands reserve program are to restore, protect, or enhance wetlands on private or tribal lands that are eligible under subsections (c) and (d).
(1) Maximum enrollment
(1) Maximum enrollment
(2) Methods of enrollment
(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.
Subject to paragraph (3), the Secretary shall enroll acreage into the wetlands reserve program through the use of permanent easements, 30-year easements, restoration cost share agreements, or any combination of those options.
(3) Acreage owned by Indian tribes
In the case of acreage owned by an Indian tribe, the Secretary shall enroll acreage into the wetlands reserve program through the use of—
(A) a 30-year contract (the value of which shall be equivalent to the value of a 30-year easement);
(B) restoration cost-share agreements; or
(C) any combination of the options described in subparagraphs (A) and (B).
(1) such land maximizes wildlife benefits and wetland values and functions;
(1) such land maximizes wildlife benefits and wetland values and functions;
(2) such land is—
(B) cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of a closed basin lake or pothole, as determined by the Secretary, together (where practicable) with the adjacent land that is functionally dependent on the cropland or grassland; 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.
(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.
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—
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;
(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
(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.
(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.
The Secretary may not acquire easements on—
The Secretary may not acquire easements on—
(1) land that contains timber stands established under the conservation reserve under subpart B; or
(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.
(2) pasture land established to trees under the conservation reserve under subpart B.
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.
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.
The Secretary shall enroll lands in the wetland reserve through the purchase of easements as provided for in section 3837a of this title.