16 USC 3839 - Voluntary public access and habitat incentive program

Collapse to view only § 3839bb-5. Voluntary public access and habitat incentive program

§ 3839bb. Conservation of private grazing land
§ 3839bb-1. Repealed.
§ 3839bb-2. Grassroots source water protection program
§ 3839bb-3. Repealed.
§ 3839bb-4. Repealed.
§ 3839bb-5. Voluntary public access and habitat incentive program
§ 3839bb-6. Terminal lakes assistance

§ 3839bb. Conservation of private grazing land

(a) PurposeIt is the purpose of this section to authorize the Secretary to provide a coordinated technical, educational, and related assistance program to conserve and enhance private grazing land resources and provide related benefits to all citizens of the United States by—

(1) establishing a coordinated and cooperative Federal, State, and local grazing conservation program for management of private grazing land;

(2) strengthening technical, educational, and related assistance programs that provide assistance to owners and managers of private grazing land;

(3) conserving and improving wildlife habitat on private grazing land;

(4) conserving and improving fish habitat and aquatic systems through grazing land conservation treatment;

(5) protecting and improving water quality;

(6) improving the dependability and consistency of water supplies;

(7) identifying and managing weed, noxious weed, and brush encroachment problems on private grazing land; and

(8) integrating conservation planning and management decisions by owners and managers of private grazing land, on a voluntary basis.

(b) DefinitionsIn this section:

(1) Department

(2) Private grazing land

(3) Secretary

(1) Assistance to grazing landowners and othersSubject to the availability of appropriations for this section, the Secretary shall establish a voluntary program to provide technical, educational, and related assistance to owners and managers of private grazing land and public agencies, through local conservation districts, to enable the landowners, managers, and public agencies to voluntarily carry out activities that are consistent with this section, including—

(A) maintaining and improving private grazing land and the multiple values and uses that depend on private grazing land;

(B) implementing grazing land management technologies;

(i) planning, managing, and treating private grazing land resources;

(ii) ensuring the long-term sustainability of private grazing land resources;

(iii) harvesting, processing, and marketing private grazing land resources; and

(iv) identifying and managing weed, noxious weed, and brush encroachment problems;

(D) protecting and improving the quality and quantity of water yields from private grazing land;

(E) maintaining and improving wildlife and fish habitat on private grazing land;

(F) enhancing recreational opportunities on private grazing land;

(G) maintaining and improving the aesthetic character of private grazing land;

(H) identifying the opportunities and encouraging the diversification of private grazing land enterprises; and

(I) encouraging the use of sustainable grazing systems, such as year-round, rotational, or managed grazing.

(2) Program elements

(A) Funding

(B) Technical assistance and education

(C) PartnershipsIn carrying out the program under this section, the Secretary shall provide education and outreach activities through partnerships with—

(i) land-grant colleges and universities (as defined in section 3103 of title 7); and

(ii) nongovernmental organizations.

(d) Grazing technical assistance self-help

(1) FindingsCongress finds that—

(A) there is a severe lack of technical assistance for farmers and ranchers that graze livestock;

(B) Federal budgetary constraints preclude any significant expansion, and may force a reduction of, current levels of technical support; and

(C) farmers and ranchers have a history of cooperatively working together to address common needs in the promotion of their products and in the drainage of wet areas through drainage districts.

(2) Establishment of grazing demonstration

(3) Procedure

(A) Proposal

(B) Funding

(i) is reasonable;

(ii) will promote sound grazing practices; and

(iii) contains provisions similar to the provisions contained in the beef promotion and research order issued under section 2903 of title 7 in effect on April 4, 1996.

(D) Area included

(E) Authorization

(F) Activities

(e) Authorization of appropriations

(Pub. L. 99–198, title XII, § 1240M, as added Pub. L. 104–127, title III, § 335, Apr. 4, 1996, 110 Stat. 1002; amended Pub. L. 107–171, title II, § 2502(a), May 13, 2002, 116 Stat. 264; Pub. L. 110–234, title II, § 2601, May 22, 2008, 122 Stat. 1068; Pub. L. 110–246, § 4(a), title II, § 2601, June 18, 2008, 122 Stat. 1664, 1796; Pub. L. 113–79, title II, § 2501, Feb. 7, 2014, 128 Stat. 751; Pub. L. 115–334, title II, § 2404, Dec. 20, 2018, 132 Stat. 4572.)

§ 3839bb–1. Repealed. Pub. L. 113–79, title II, § 2707(a), Feb. 7, 2014, 128 Stat. 769

§ 3839bb–2. Grassroots source water protection program

(a) In general

(b) Funding

(1) Authorization of appropriations

(2) Availability of funds

(3) Additional funding

In addition to any other funds made available under this subsection, of the funds of the Commodity Credit Corporation, the Secretary shall use—

(A) $5,000,000 beginning in fiscal year 2019, to remain available until expended; and

(B) $1,000,000 beginning in fiscal year 2024, to remain available until expended.

(Pub. L. 99–198, title XII, § 1240O, as added Pub. L. 107–171, title II, § 2502(a), May 13, 2002, 116 Stat. 267; amended Pub. L. 110–234, title II, § 2603, May 22, 2008, 122 Stat. 1068; Pub. L. 110–246, § 4(a), title II, § 2603, June 18, 2008, 122 Stat. 1664, 1796; Pub. L. 113–79, title II, § 2502, Feb. 7, 2014, 128 Stat. 751; Pub. L. 115–334, title II, § 2405, Dec. 20, 2018, 132 Stat. 4573; Pub. L. 118–22, div. B, title I, § 102(d)(1)(A), Nov. 17, 2023, 137 Stat. 116.)

§ 3839bb–3. Repealed. Pub. L. 113–79, title II, § 2708, Feb. 7, 2014, 128 Stat. 770

§ 3839bb–4. Repealed. Pub. L. 113–79, title II, § 2709(a), Feb. 7, 2014,

§ 3839bb–5. Voluntary public access and habitat incentive program

(a) Establishment

(b) ApplicationsIn submitting applications for funding under the program, a State or tribal government shall describe—

(1) the benefits that the State or tribal government intends to achieve by encouraging public access to private farm and ranch land for—

(A) hunting and fishing; and

(B) to the maximum extent practicable, other recreational purposes; and

(2) the methods that will be used to achieve those benefits.

(c) PriorityIn approving applications and awarding funding under the program, the Secretary shall give priority to States and tribal governments that propose—

(1) to maximize participation by offering a program the terms of which are likely to meet with widespread acceptance among landowners;

(2) to ensure that land enrolled under the State or tribal government program has appropriate wildlife habitat;

(3) to strengthen wildlife habitat improvement efforts on land enrolled in a conservation reserve enhancement program under section 3831a of this title or on land covered by a wetland reserve easement under section 3865c of this title by providing incentives to increase public hunting and other recreational access on that land;

(4) to use additional Federal, State, tribal government, or private resources in carrying out the program; and

(5) to make available to the public the location of land enrolled.

(d) Relationship to other laws

(1) No preemption

(2) Effect of inconsistent opening dates for migratory bird hunting

(e) Regulations

(f) Funding

(1) Mandatory funding

(2) Enhanced public access to wetland reserve easements

(3) Authorization of appropriations

(Pub. L. 99–198, title XII, § 1240R, as added Pub. L. 110–234, title II, § 2606, May 22, 2008, 122 Stat. 1070, and Pub. L. 110–246, § 4(a), title II, § 2606, June 18, 2008, 122 Stat. 1664, 1798; amended Pub. L. 112–240, title VII, § 701(c)(2), Jan. 2, 2013, 126 Stat. 2363; Pub. L. 113–79, title II, § 2503(a), Feb. 7, 2014, 128 Stat. 751; Pub. L. 115–334, title II, §§ 2202(b)(1), 2406, Dec. 20, 2018, 132 Stat. 4537, 4573; Pub. L. 118–22, div. B, title I, § 102(d)(1)(B), Nov. 17, 2023, 137 Stat. 116.)

§ 3839bb–6. Terminal lakes assistance

(a) DefinitionsIn this section:

(1) Eligible landThe term “eligible land” means privately owned agricultural land (including land in which a State has a property interest as a result of State water law)—

(A) that a landowner voluntarily agrees to sell to a State; and

(B) which—

(i)(I) is ineligible for enrollment as a wetland reserve easement established under the agricultural conservation easement program under subtitle H 1

1 See References in Text note below.

of the Food Security Act of 1985;(II) is flooded to—(aa) an average depth of at least 6.5 feet; or(bb) a level below which the State determines the management of the water level is beyond the control of the State or landowner; or(III) is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding);

(ii) is located within a watershed with water rights available for lease or purchase; and

(iii) has been used during at least 5 of the immediately preceding 30 years—(I) to produce crops or hay; or(II) as livestock pasture or grazing.

(2) Program

(3) Terminal lakeThe term “terminal lake” means a lake and its associated riparian and watershed resources that is—

(A) considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded; or

(B) considered terminal because it has no natural outlet and is at risk due to a history of consistent Federal assistance to address critical resource conditions, including insufficient water available to meet the needs of the lake, general uses, and water rights.

(b) AssistanceThe Secretary shall—

(1) provide grants under subsection (c) for the purchase of eligible land impacted by a terminal lake described in subsection (a)(3)(A); and

(2) provide funds to the Secretary of the Interior pursuant to subsection (e)(2) with assistance in accordance with subsection (d) for terminal lakes described in subsection (a)(3)(B).

(1) In general

(2) Implementation

(A) AmountA land purchase grant shall be in an amount not to exceed the lesser of—

(i) 50 percent of the total purchase price per acre of the eligible land; or

(ii)(I) in the case of eligible land that was used to produce crops or hay, $400 per acre; and(II) in the case of eligible land that was pasture or grazing land, $200 per acre.

(B) Determination of purchase price

(D) ConditionsTo receive a land purchase grant, a State shall agree—

(i) to ensure that any eligible land purchased is—(I) conveyed in fee simple to the State; and(II) free from mortgages or other liens at the time title is transferred;

(ii) to maintain ownership of the eligible land in perpetuity;

(iii) to pay (from funds other than grant dollars awarded) any costs associated with the purchase of eligible land under this section, including surveys and legal fees; and

(iv) to keep eligible land in a conserving use, as defined by the Secretary.

(E) Loss of Federal benefitsEligible land purchased with a grant under this section shall lose eligibility for any benefits under other Federal programs, including—

(i) benefits under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.);

(ii) benefits under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and

(iii) covered benefits described in section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a).

(F) Prohibition

(d) Water assistance

(1) In generalThe Secretary of the Interior, acting through the Commissioner of Reclamation, may use the funds described in subsection (e)(2) to administer and provide financial assistance to carry out this subsection to provide water and assistance to a terminal lake described in subsection (a)(3)(B) through willing sellers or willing participants only—

(A) to lease water;

(B) to purchase land, water appurtenant to the land, and related interests; and

(C) to carry out research, support, and conservation activities for associated fish, wildlife, plant, and habitat resources.

(2) Exclusions

(3) Transitional provision

(A) In general

(B) Described lawsThe provisions of law described in this section are—

(i) section 2507 of the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107–171) (as in effect on the day before February 7, 2014);

(ii) section 207 of the Energy and Water Development Appropriations Act, 2003 (Public Law 108–7; 117 Stat. 146);

(iii) section 208 of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2268, 123 Stat. 2856); and

(iv) section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2858, 123 Stat. 2967, 125 Stat. 867).

(e) Funding

(1) Commodity Credit Corporation

(2) No additional funds

(A) In general

(B) Availability of funds

(f) Termination of authority

(Pub. L. 107–171, title II, § 2507, May 13, 2002, 116 Stat. 275; Pub. L. 110–234, title II, § 2807, May 22, 2008, 122 Stat. 1090; Pub. L. 110–246, § 4(a), title II, § 2807, June 18, 2008, 122 Stat. 1664, 1818; Pub. L. 111–85, title II, § 207, Oct. 28, 2009, 123 Stat. 2858; Pub. L. 112–74, div. B, title II, § 208(a), Dec. 23, 2011, 125 Stat. 866; Pub. L. 113–79, title II, § 2507, Feb. 7, 2014, 128 Stat. 753; Pub. L. 115–334, title II, § 2821(d), Dec. 20, 2018, 132 Stat. 4603; Pub. L. 117–361, § 1, Jan. 5, 2023, 136 Stat. 6294.)