§ 3838n. Grassland reserve program

(a) Establishment and purpose

The Secretary shall establish a grassland reserve program (referred to in this subpart as the “program”) for the purpose of assisting owners and operators in protecting grazing uses and related conservation values by restoring and conserving eligible land through rental contracts, easements, and restoration agreements.

(b) Enrollment of acreage

(1) Acreage enrolled

The Secretary shall enroll an additional 1,220,000 acres of eligible land in the program during fiscal years 2009 through 2012.

(2) Methods of enrollment The Secretary shall enroll eligible land in the program through the use of;

(A) a 10-year, 15-year, or 20-year rental contract;

(B) a permanent easement; or

(C) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under the law of that State.

(3) Limitation Of the total amount of funds expended under the program to acquire rental contracts and easements described in paragraph (2), the Secretary shall use, to the extent practicable—

(A) 40 percent for rental contacts; and

(B) 60 percent for easements.

(4) Enrollment of conservation reserve land

(A) Priority Upon expiration of a contract under subpart B of part I of this subchapter, the Secretary shall give priority for enrollment in the program to land previously enrolled in the conservation reserve program if—

(i) the land is eligible land, as defined in subsection (c); and

(ii) the Secretary determines that the land is of high ecological value and under significant threat of conversion to uses other than grazing.

(B) Maximum enrollment

The number of acres of land enrolled under the priority described in subparagraph (A) in a calendar year shall not exceed 10 percent of the total number of acres enrolled in the program in that calendar year.

(c) Eligible land defined For purposes of the program, the term “eligible land” means private or tribal land that—

(1) is grassland, land that contains forbs, or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;

(2) is located in an area that has been historically dominated by grassland, forbs, or shrubland, and the land—

(A) could provide habitat for animal or plant populations of significant ecological value if the land—

(i) is retained in its current use; or

(ii) is restored to a natural condition;

(B) contains historical or archaeological resources; or

(C) would address issues raised by State, regional, and national conservation priorities; or

(3) is incidental to land described in paragraph (1) or (2), if the incidental land is determined by the Secretary to be necessary for the efficient administration of a rental contract or easement under the program.

(Pub. L. 99–198, title XII, § 1238N, as added Pub. L. 107–171, title II, § 2401, May 13, 2002, 116 Stat. 258; Pub. L. 110–234, title II, § 2403, May 22, 2008, 122 Stat. 1051; Pub. L. 110–246, § 4(a), title II, § 2403, June 18, 2008, 122 Stat. 1664, 1779.)

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 establishment of a grassland reserve program, enrollment of a maximum of 2,000,000 acres of restored or improved grassland, rangeland, and pastureland, methods of enrollment, limitation on use of easements and rental agreements, and determination by Secretary of eligibility of land.

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.