Sec. 1303. Conservation reserve easement program
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Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ) is amended by adding at the end the following new section: The Secretary shall formulate and carry out a conservation reserve easement program (hereafter in this section referred to as the easement program ) in accordance with this section, 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, reduction in the degradation of water quality, and enhancement of wildlife habitat on such farms or ranches through the continued conservation and improvement of soil and water resources.
Except as provided in paragraph (2), the Secretary may acquire easements under this section on eligible land placed in the conservation reserve under this subchapter that— is determined by the Secretary to be unsuitable for long-term commodity production; is an area of critical habitat for wildlife, especially threatened or endangered species; or 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.
The Secretary may not acquire easements on— land that contains timber stands established under this subchapter; or pasture land established to trees under this subchapter. The Secretary may terminate or modify any existing contract entered into under section 1231(a) if eligible land that is subject to such contract is transferred into the easement program. In conjunction with the creation of an easement on any lands under this section, the owner of the farm or ranch wherein such lands are located must agree to implement a natural resource conservation management plan in accordance with subparagraph
(B)and approved by the Secretary. A natural resource conservation management plan shall— set forth the conservation measures and practices to be carried out by the owner of the land subject to the easement; set forth the commercial use, if any, to be permitted on such land during the term of the easement; and provide for the permanent retirement of any existing cropland base and allotment history for such land under any program administered by the Secretary. In return for the creation of an easement on any lands under this section, the owner of the farm or ranch wherein such lands are located must agree to the following: To the creation and recordation of an appropriate deed restriction, in accordance with applicable State law, to reflect the easement agreed to under this section with respect to such lands. To provide a written statement of consent to such easement signed by those holding a security interest in the land. To comply with such additional provisions as the Secretary determines are desirable and are included in the easement to carry out this section or to facilitate the practical administration thereof. To limit the production of any agricultural commodity on such lands only to production for the benefit of wildlife. Not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the easement, unless specifically provided for in the easement or related agreement. Not to adopt any other practice that would tend to defeat the purposes of this chapter, as determined by the Secretary. On the violation of the terms or conditions of the easement or related agreement entered into under this section, the easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under this section, together with interest thereon as determined appropriate by the Secretary. In return for the granting of an easement by an owner under this section, the Secretary shall— share the cost of carrying out the establishment of conservation measures and practices set forth in the plan described in section 1232(a)(1) for which the Secretary determines that cost sharing is appropriate and in the public interest; pay for a period not to exceed 10 years annual easement payments in the aggregate not to exceed the lesser of— $250,000; or the difference in the value of the land with and without the easement; provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the comprehensive conservation plan; and permit the land to be used for wildlife activities, including hunting and fishing, if such use is permitted by the owner. The Secretary shall provide payment for obligations incurred by the Secretary under this section— with respect to any cost sharing obligation, as soon as possible after the obligation is incurred; and with respect to any annual easement payment obligation, as soon as possible after October 1 of each year. In making cost sharing payments to owners under this section, the Secretary may pay up to 100 percent of the cost of establishing conservation measures and practices pursuant to this section. The Secretary shall determine the amount payable to owners in the form of easement payments under this section, and in making such determination may consider, among other things, the amount necessary to encourage owners to participate in the easement program. In determining the acceptability of easement offers, the Secretary may take into consideration— the extent to which the purposes of the easement program would be achieved on the land; the productivity of the land; and the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities. The Secretary shall prioritize offers that maximize the environmental goals of the easement program, particularly regarding improvements to water quality, wildlife habitat and corridors, and water conservation. Priority may also be given to easements that are part of a cooperative conservation effort to address priority resource concerns on a regional or watershed scale, or that are adjacent to existing conservation lands. If an owner who is entitled to a payment under this section dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. The Secretary may modify an easement acquired from, or a related agreement with, an owner under this section if— the current owner of the land agrees to such modification; and the Secretary determines that such modification is desirable— to carry out this section; to facilitate the practical administration of this section; or to achieve such other goals as the Secretary determines are appropriate and consistent with this section. The Secretary may terminate an easement created with an owner under this section if— the current owner of the land agrees to such termination; and the Secretary determines that such termination would be in the public interest. .
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Sec. 1303
Conservation reserve easement program
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