§ 3838o. Duties of owners and operators

(a) Rental contracts To be eligible to enroll eligible land in the program under a rental contract, the owner or operator of the land shall agree—

(1) to comply with the terms of the contract and, when applicable, a restoration agreement;

(2) to suspend any existing cropland base and allotment history for the land under another program administered by the Secretary; and

(3) to implement a grazing management plan, as approved by the Secretary, which may be modified upon mutual agreement of the parties.

(b) Easements To be eligible to enroll eligible land in the program through an easement, the owner of the land shall agree—

(1) to grant an easement to the Secretary or to an eligible entity described in section 3838q of this title;

(2) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement;

(3) to provide a written statement of consent to the easement signed by persons holding a security interest or any vested interest in the land;

(4) to provide proof of unencumbered title to the underlying fee interest in the land that is the subject of the easement;

(5) to comply with the terms of the easement and, when applicable, a restoration agreement;

(6) to implement a grazing management plan, as approved by the Secretary, which may be modified upon mutual agreement of the parties; and

(7) to eliminate any existing cropland base and allotment history for the land under another program administered by the Secretary.

(c) Restoration agreements

(1) When applicable

To be eligible for cost-share assistance to restore eligible land subject to a rental contract or an easement under the program, the owner or operator of the land shall agree to comply with the terms of a restoration agreement.

(2) Terms and conditions

The Secretary shall prescribe the terms and conditions of a restoration agreement by which eligible land that is subject to a rental contract or easement under the program shall be restored.

(3) Duties

The restoration agreement shall describe the respective duties of the owner or operator and the Secretary, including the Federal share of restoration payments and technical assistance.

(d) Terms and conditions applicable to rental contracts and easements

(1) Permissible activities The terms and conditions of a rental contract or easement under the program shall permit—

(A) common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species appropriate to that locality;

(B) haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the nesting season for birds in the local area that are in significant decline or are conserved in accordance with Federal or State law, as determined by the State Conservationist;

(C) fire presuppression, rehabilitation, and construction of fire breaks; and

(D) grazing related activities, such as fencing and livestock watering.

(2) Prohibitions The terms and conditions of a rental contract or easement under the program shall prohibit—

(A) the production of crops (other than hay), fruit trees, vineyards, or any other agricultural commodity that is inconsistent with maintaining grazing land; and

(B) except as permitted under a restoration plan, the conduct of any other activity that would be inconsistent with maintaining grazing land enrolled in the program.

(3) Additional terms and conditions

A rental contract or easement under the program shall include such additional provisions as the Secretary determines are appropriate to carry out or facilitate the purposes and administration of the program.

(e) Violations On a violation of the terms or conditions of a rental contract, easement, or restoration agreement entered into under this section—

(1) the contract or easement shall remain in force; and

(2) the Secretary may require the owner or operator to refund all or part of any payments received under the program, with interest on the payments as determined appropriate by the Secretary.

(Pub. L. 99–198, title XII, § 1238O, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 259; amended Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1052; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1780.)

Codification

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

Amendments

2008—Pub. L. 110–246, § 2403, amended section generally. Prior to amendment, section related to requirements relating to easements and agreements.

Effective Date Of Amendment

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.