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16 U.S.C. § 3838N

Section 3838n · Grassland reserve program

Current version, with additions and removals from the May 13, 2002 version.

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Current — June 18, 2008
As of May 13, 2002
(a) Establishment
(a) Establishment and purpose
The Secretary shall establish a grassland reserve program (referred to in this subpart as the “program”) to assist owners in restoring and conserving eligible land described in subsection (c) of this section.
The Secretary shall establish a grassland reserve program (referred to in this subpart as the “program”) for the purpose of assisting owners and operators in protecting grazing uses and related conservation values by restoring and conserving eligible land through rental contracts, easements, and restoration agreements.
(b) Enrollment conditions
(b) Enrollment of acreage

(1) Maximum enrollment

The total number of acres enrolled in the program shall not exceed 2,000,000 acres of restored or improved grassland, rangeland, and pastureland.

(1) Acreage enrolled

The Secretary shall enroll an additional 1,220,000 acres of eligible land in the program during fiscal years 2009 through 2012.

(2) Methods of enrollment

(2) Methods of enrollment

(A) In general

Except as provided in subparagraph (B), the Secretary shall enroll in the program from a willing owner not less than 40 contiguous acres of land through the use of—
The Secretary shall enroll eligible land in the program through the use of;1
(i) a 10-year, 15-year, or 20-year rental agreement;
(A) a 10-year, 15-year, or 20-year rental contract;
(ii)(I) a 30-year rental agreement or permanent or 30-year easement; or
(B) a permanent easement; or
(II) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law.
(C) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under the law of that State.

(B) Waiver

The Secretary may enroll in the program such parcels of land that are less than 40 acres as the Secretary determines are appropriate to achieve the purposes of the program.

(3) Limitation on use of easements and rental agreements

(3) Limitation

Of the total amount of funds expended under the program to acquire easements and rental agreements described in paragraph (2)(A)—
Of the total amount of funds expended under the program to acquire rental contracts and easements described in paragraph (2), the Secretary shall use, to the extent practicable—
(A) not more than 40 percent shall be used for rental agreements described in paragraph (2)(A)(i); and
(A) 40 percent for rental contacts; and

(B) not more than 60 percent shall be used for easements and rental agreements described in paragraph (2)(A)(ii).

(B) 60 percent for easements.

(4) Enrollment of conservation reserve land

(A) Priority

Upon expiration of a contract under subpart B of part I of this subchapter, the Secretary shall give priority for enrollment in the program to land previously enrolled in the conservation reserve program if—

(i) the land is eligible land, as defined in subsection (c); and

(ii) the Secretary determines that the land is of high ecological value and under significant threat of conversion to uses other than grazing.

(B) Maximum enrollment

The number of acres of land enrolled under the priority described in subparagraph (A) in a calendar year shall not exceed 10 percent of the total number of acres enrolled in the program in that calendar year.

(c) Eligible land
(c) Eligible land defined

Land shall be eligible to be enrolled in the program if the Secretary determines that the land is private land that is—

For purposes of the program, the term “eligible land” means private or tribal land that—

(1) grassland, land that contains forbs, or shrubland (including improved rangeland and pastureland); or
(1) is grassland, land that contains forbs, or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;

(2) land that—

(A) is located in an area that has been historically dominated by grassland, forbs, or shrubland; and
(2) is located in an area that has been historically dominated by grassland, forbs, or shrubland, and the land—
(B) has potential to serve as habitat for animal or plant populations of significant ecological value if the land is—
(A) could provide habitat for animal or plant populations of significant ecological value if the land—
(i) retained in the current use of the land; or
(i) is retained in its current use; or
(ii) restored to a natural condition; or
(ii) is restored to a natural condition;

(B) contains historical or archaeological resources; or

(C) would address issues raised by State, regional, and national conservation priorities; or

(3) land that is incidental to land described in paragraph (1) or (2), if the incidental land is determined by the Secretary to be necessary for the efficient administration of an agreement or easement.
(3) is incidental to land described in paragraph (1) or (2), if the incidental land is determined by the Secretary to be necessary for the efficient administration of a rental contract or easement under the program.
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