---
kind: "section"
citation: "7 C.F.R. § 1467.9"
title: "7"
number: "1467.9"
heading: "Wetlands Reserve Enhancement Program."
url: "https://uscodex.org/cfr/7/1467.9"
---

# §1467.9. Wetlands Reserve Enhancement Program.

- (a) **Wetlands Reserve Enhancement Program (WREP).**
  - (1) The purpose of WREP is to target and leverage resources to address high priority wetlands protection, restoration, and enhancement objectives through agreements with States (including a political subdivision or agency of a State), nongovernmental organizations, and Indian Tribes.
  - (2) Funding for WREP agreements will be announced in the Federal Register.
    - (i) The announcement will provide details on the priorities for funding, required level of partner matching funds, ranking criteria, level of available funding, and additional criteria as determined by the Chief.
    - (ii) The Chief will determine the funding level for WREP on an annual basis. Funds for WREP are derived from funds available for WRP.
  - (3) Proposals will be submitted to the State Conservationist of the State in which the majority of the project area resides.
    - (i) State Conservationists will evaluate proposals based on the ranking criteria established in the announcement and provide proposals recommended for funding to the Chief.
    - (ii) The Chief will evaluate proposals recommended for funding and make final funding selections, in accordance with ranking factors identified in the announcement.
  - (4) Selected proposals and associated funding will be provided to the State Conservationist to enter into WREP agreements with the eligible partner to carry out the project.
- (b) **Reserved Rights Pilot.**
  - (1) The Chief shall carry out a reserved rights pilot subject to the requirements established in this part.
  - (2) Under the reserved rights pilot, a landowner may reserve grazing rights in the warranty easement deed or 30-year contract, if the State Conservationist determines that the reservation and use of the grazing rights:
    - (i) Is compatible with the land subject to the easement or 30-year contract; and
    - (ii) Is consistent with the long-term wetland protection and enhancement goals for which the easement or 30-year contract was established; and
    - (iii) **Complies with a WRPO developed with NRCS.**
  - (3) The State Conservationist will provide public notice of the availability of the reserved rights pilot and the reserved rights template deed or 30-year contract, approved by the Chief, to be used in the pilot.
  - (4) Compensation for easements or 30-year contracts entered into under the reserved rights pilot will be based on the method described in [§ 1467.8](/cfr/7/1467.8.md) with the following exceptions:
    - (i) [Section 1467.8(a)(3)(i)](/cfr/7/1467.8.md?p=a-3-i) is adjusted to reduce the fair market value of the land by an amount equal to the value of the retained grazing rights as determined by a Uniform Standards for Professional Appraisal Practices appraisal or a market survey; and
    - (ii) [Section 1467.8(a)(3)(ii)](/cfr/7/1467.8.md?p=a-3-ii) is adjusted to reduce the geographic area rate cap determined as described in [§ 1467.8(a)(4)](/cfr/7/1467.8.md?p=a-4) by an amount equal to the value of the retained grazing rights.

## Notes

### Authority

Authority: 16 U.S.C. 3837 et seq.

### Source

Source: 74 FR 2328, Jan. 15, 2009, unless otherwise noted.