16-U.S.C.-3839
§3839 – Environmental Easement Program
Pathway
Title 16 > Chapter 58 > Subchapter IV > Part III > Section 3839
Details
- Reference: Section 3839
- Legend: §3839 – Environmental Easement Program
- USCode Year: 2013
Provision Content
(a) Establishment
The Secretary shall, during the 1991 through 1995 calendar years, formulate and carry out an environmental easement program (hereafter in this part referred to as the easement program) in accordance with this part, through the acquisition of permanent easements or easements for the maximum term permitted under applicable State law from willing owners of eligible farms or ranches in order to ensure the continued long-term protection of environmentally sensitive lands or reduction in the degradation of water quality on such farms or ranches through the continued conservation and improvement of soil and water resources.
(b) Eligibility; termination
(1) In general
The Secretary may acquire easements under this section on land placed in the conservation reserve under this subchapter (other than such land that is likely to continue to remain out of production and that does not pose an off-farm environmental threat), land under the Water Bank Act [16 U.S.C. 1301 et seq.], or other cropland that—
(A) contains riparian corridors;
(B) is an area of critical habitat for wildlife, especially threatened or endangered species; or
(C) contains other environmentally sensitive areas, as determined by the Secretary, that would prevent a producer from complying with other Federal, State, or local environmental goals if commodities were to be produced on such land.
(2) Ineligible land
The Secretary may not acquire easements on—
(A) land that contains timber stands established under the conservation reserve under this subchapter; or
(B) pasture land established to trees under the conservation reserve under this subchapter.
(3) Termination of existing contract
The Secretary may terminate or modify any 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 part.
(Pub. L. 99–198, title XII, §1239, as added Pub. L. 101–624, title XIV, §1440, Nov. 28, 1990, 104 Stat. 3597; amended Pub. L. 102–237, title II, §204(7), Dec. 13, 1991, 105 Stat. 1855.)
References in Text
The Water Bank Act, referred to in subsec. (b)(1), is Pub. L. 91–559, Dec. 19, 1970, 84 Stat. 1468, as amended, which is classified generally to chapter 29 (§1301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Amendments
1991—Subsec. (b)(1)(A). Pub. L. 102–237 substituted a semicolon for comma after corridors.
U.S. Encyclopedia of Law Coverage
16-U.S.C.-3838 in the Legal Encyclopedia: Conservation
In this entry about 16-U.S.C.-3838, find legal reference material, bibliographies and premiere content related to conservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States conservation-specific issues, written by authorities in the field.
16-U.S.C.-3838H in the Legal Encyclopedia: Wetland
In this entry about 16-U.S.C.-3838H, find legal reference material, bibliographies and premiere content related to wetland in the American Encyclopedia of Law, presenting a comprehensive view of the United States wetland-specific issues, written by authorities in the field.
16-U.S.C.-3838B in the Legal Encyclopedia: Land
In this entry about 16-U.S.C.-3838B, find legal reference material, bibliographies and premiere content related to land in the American Encyclopedia of Law, presenting a comprehensive view of the United States land-specific issues, written by authorities in the field.
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