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Code · BILL · 115th Congress · H.R. 2 (EAS) — 115 HR 2 EAS: Agriculture Improvement Act of 2018 · Sec. 2107

Sec. 2107. Conservation reserve easements

1,018 words·~5 min read·/bill/115/hr/2/eas/section-2107

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1231B ( 16 U.S.C. 3831b ) the following: The Secretary shall offer to enroll land in the conservation reserve program through a conservation reserve easement in accordance with this section. For purposes of applying the limitations in section 1231(d)(1), the Secretary shall not count acres of land enrolled under this section. Only land subject to an expired covered contract (as defined in section 1235(h)(1)) shall be eligible for enrollment through a conservation reserve easement under this section.
The term of a conservation reserve easement shall be— permanent; or the maximum period allowed by State law. To be eligible to enroll land in the conservation reserve program through a conservation reserve easement, the owner of the land shall enter into an agreement with the Secretary— to grant an easement on the land to the Secretary; to implement a conservation reserve easement plan developed for the land under subsection (h)(1); to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement; to provide a written statement of consent to the easement signed by any person holding a security interest in the land; to comply with the terms and conditions of the easement and any related agreements; and to permanently retire any existing base history for the land covered by the easement.
A conservation reserve easement shall include terms and conditions that— permit— repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and owners to control public access on the land while identifying access routes to be used for restoration activities and management and easement monitoring; prohibit— the alteration of wildlife habitat and other natural features of the land, unless specifically authorized by the Secretary as part of the conservation reserve easement plan; the spraying of the land with chemicals or the mowing of the land, except where the spraying or mowing is authorized by the Secretary or is necessary— to comply with Federal or State noxious weed control laws; to comply with a Federal or State emergency pest treatment program; or to meet habitat needs of specific wildlife species; any activity to be carried out on the land of the owner or successor that is immediately adjacent to, and functionally related to, the land that is subject to the easement if the activity will alter, degrade, or otherwise diminish the functional value of the land; and the adoption of any other practice that would tend to defeat the purposes of the conservation reserve program, as determined by the Secretary; and include any additional provision that the Secretary determines is appropriate to carry out this section or facilitate the practical administration of this section.
On the violation of a term or condition of a conservation reserve easement— the conservation reserve 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 the program, with interest on the payments, as determined appropriate by the Secretary. Land subject to a conservation reserve easement may be used for compatible economic uses, including hunting and fishing, managed timber harvest, or periodic haying or grazing, if the use— is specifically permitted by the conservation reserve easement plan developed for the land; and is consistent with the long-term protection and enhancement of the conservation resources for which the easement was established.
The Secretary shall pay as compensation for a permanent conservation reserve easement acquired under this section an amount necessary to encourage enrollment of land in such a conservation reserve easement, based on the lowest of— the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practice or an areawide market analysis or survey; the amount corresponding to a geographical limitation, as determined by the Secretary in regulations prescribed by the Secretary; or the offer made by the landowner.
Compensation for a conservation reserve easement that is not permanent due to a restriction in applicable State law shall be not less than 50 percent, but not more than 75 percent, of the compensation that would be paid for a permanent conservation reserve easement. Compensation for a conservation reserve easement shall be provided by the Secretary in the form of a cash payment, in an amount determined under paragraph (1). The Secretary may provide payment under this paragraph to a landowner using— 10 annual payments; or 1 payment.
The Secretary shall provide any annual easement payment obligation under paragraph (3)(A) as early as practicable in each fiscal year. The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section— dies; becomes incompetent; is succeeded by another person or entity who renders or completes the required performance; or is otherwise unable to receive the payment.
The Secretary shall assist owners in complying with the terms and conditions of a conservation reserve easement. The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a conservation reserve easement if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program. The Secretary shall develop a conservation reserve easement plan for any land subject to a conservation reserve easement, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land.
The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this section to other Federal, State, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities. The Secretary may delegate any management responsibilities of the Secretary under this section to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources. .
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Sec. 2107
Conservation reserve easements
U.S.C.§ 3831b
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