---
kind: "section"
citation: "16 U.S.C. § 3831b"
title: "16"
title_heading: "Conservation"
number: "3831b"
heading: "Farmable wetland program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3831b"
units:
  - "Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program"
  - "Subchapter IV — Agricultural Resources Conservation Program"
  - "Part I — Comprehensive Conservation Enhancement Program"
  - "Subpart b — conservation reserve"
---

# §3831b. Farmable wetland program

- (a) **Program required—**
  - (1) **In general—** During the 2008 through 2023 fiscal years, the [Secretary](/usc/16/3801.md?p=a-21) shall carry out a farmable [wetland](/usc/16/3801.md?p=a-27) program in each [State](/usc/16/3801.md?p=a-24) under which the [Secretary](/usc/16/3801.md?p=a-21) shall enroll eligible acreage described in [subsection (b)](#b).
  - (2) **Participation among States—** The [Secretary](/usc/16/3801.md?p=a-21) shall ensure, to the maximum extent practicable, that [owners](/usc/16/429b–3.md?p=4) and operators in each [State](/usc/16/3801.md?p=a-24) have an equitable opportunity to participate in the program established under this section.
- (b) **Eligible acreage—**
  - (1) **Wetland and related land—** Subject to subsections [(c)](#c) and [(d)](#d), an [owner](/usc/16/429b–3.md?p=4) or operator may enroll in the conservation reserve, pursuant to the program established under this section, land—
    - (A) that is [wetland](/usc/16/3801.md?p=a-27) (including a [converted wetland](/usc/16/3801.md?p=a-7-A) described in [section 3822(b)(1)(A) of this title](/usc/16/3822.md?p=b-1-A)) that had a cropping history during at least 3 of the immediately preceding 10 crop years;
    - (B) on which a constructed [wetland](/usc/16/3801.md?p=a-27) is to be developed that will receive surface and subsurface flow from row crop agricultural production and is designed to provide nitrogen removal in [addition](/usc/16/410r–5.md?p=c-2) to other [wetland](/usc/16/3801.md?p=a-27) functions;
    - (C) that was devoted to commercial pond-raised aquaculture in any year during the period of calendar years 2002 through 2007; or
    - (D) that, after January 1, 1990, and before December 31, 2002, was—
      - (i) cropped during at least 3 of 10 crop years; and
      - (ii) subject to the natural overflow of a prairie [wetland](/usc/16/3801.md?p=a-27).
  - (2) **Buffer acreage—** Subject to subsections [(c)](#c) and [(d)](#d), an [owner](/usc/16/429b–3.md?p=4) or operator may enroll in the conservation reserve, pursuant to the program established under this section, buffer acreage that—
    - (A) with respect to land described in subparagraph [(A)](#b-1-A), [(B)](#b-1-B), or [(C)](#b-1-C) of paragraph (1)—
      - (i) is contiguous to such land;
      - (ii) is used to protect such land; and
      - (iii) is of such width as the [Secretary](/usc/16/3801.md?p=a-21) determines is necessary to protect such land, [taking](/usc/16/3102.md?p=18) into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds such land; and
    - (B) with respect to land described in [subparagraph (D)](#b-1-D) of paragraph (1), enhances a wildlife benefit to the extent practicable in terms of upland to [wetland](/usc/16/3801.md?p=a-27) ratios, as determined by the [Secretary](/usc/16/3801.md?p=a-21).
- (c) **Program limitations—**
  - (1) **Acreage limitation—** The [Secretary](/usc/16/3801.md?p=a-21) may enroll in the conservation reserve, pursuant to the program established under this section, not more than—
    - (A) 100,000 acres in any [State](/usc/16/3801.md?p=a-24); and
    - (B) a total of 750,000 acres.
  - (2) **Relationship to maximum enrollment—** Subject to [paragraph (3)](#c-3), any acreage enrolled in the conservation reserve under this section shall be considered acres maintained in the conservation reserve.
  - (3) **Relationship to other enrolled acreage—** Acreage enrolled in the conservation reserve under this section shall not affect for any fiscal year the quantity of—
    - (A) acreage enrolled to establish conservation buffers as part of the program announced on March 24, 1998 (63 Fed. Reg. 14109); or
    - (B) acreage enrolled into the conservation reserve enhancement program announced on May 27, 1998 (63 Fed. Reg. 28965).
  - (4) **Review; potential increase in enrollment acreage—** The [Secretary](/usc/16/3801.md?p=a-21) shall conduct a review of the program established under this section with respect to each [State](/usc/16/3801.md?p=a-24) that has enrolled land in the conservation reserve pursuant to the program. As a result of the review, the [Secretary](/usc/16/3801.md?p=a-21) may increase the number of acres that may be enrolled in a [State](/usc/16/3801.md?p=a-24) under the program to not more than 200,000 acres, notwithstanding [paragraph (1)(A)](#c-1-A).
- (d) **Owner or operator enrollment limitations—**
  - (1) **Wetland and related land—**
    - (A) **Wetlands and constructed wetlands—** The maximum size of any land described in subparagraph [(A)](#b-1-A) or [(B)](#b-1-B) of subsection (b)(1) that an [owner](/usc/16/429b–3.md?p=4) or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 40 contiguous acres.
    - (B) **Flooded farmland—** The maximum size of any land described in [subparagraph (D)](#b-1-D) of subsection (b)(1) that an [owner](/usc/16/429b–3.md?p=4) or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 20 contiguous acres.
    - (C) **Coverage—** All acres described in subparagraph [(A)](#d-1-A) or [(B)](#d-1-B), including acres that are ineligible for payment, shall be covered by the conservation contract.
  - (2) **Buffer acreage—** The maximum size of any buffer acreage described in [subsection (b)(2)](#b-2) that an [owner](/usc/16/429b–3.md?p=4) or operator may enroll in the conservation reserve under this section shall be determined by the [Secretary](/usc/16/3801.md?p=a-21) in consultation with the [State](/usc/16/3801.md?p=a-24) Technical Committee.
  - (3) **Tracts—** Except for land described in [subsection (b)(1)(C)](#b-1-C) and buffer acreage related to such land, the maximum size of any eligible acreage described in [subsection (b)(1)](#b-1) in a tract of an [owner](/usc/16/429b–3.md?p=4) or operator enrolled in the conservation reserve under this section shall be 40 acres.
- (e) **Duties of owners and operators—** During the term of a contract entered into under the program established under this section, an [owner](/usc/16/429b–3.md?p=4) or operator shall agree—
  - (1) to restore the hydrology of the [wetland](/usc/16/3801.md?p=a-27) within the eligible acreage to the maximum extent practicable, as determined by the [Secretary](/usc/16/3801.md?p=a-21);
  - (2) to establish [vegetative cover](/usc/16/3801.md?p=a-26) (which may include emerging vegetation in water and bottomland hardwoods, cypress, and other appropriate tree species) on the eligible acreage, as determined by the [Secretary](/usc/16/3801.md?p=a-21);
  - (3) to a general prohibition of commercial use of the enrolled land; and
  - (4) to carry out other duties described in [section 3832 of this title](/usc/16/3832.md).
- (f) **Duties of the Secretary—**
  - (1) **In general—** Except as provided in paragraphs [(2)](#f-2) and [(3)](#f-3), in return for a contract entered into under this section, the [Secretary](/usc/16/3801.md?p=a-21) shall—
    - (A) make payments to the [owner](/usc/16/429b–3.md?p=4) or operator based on rental rates for cropland; and
    - (B) provide assistance to the [owner](/usc/16/429b–3.md?p=4) or operator in accordance with sections [3833](/usc/16/3833.md) and [3834](/usc/16/3834.md) of this title.
  - (2) **Contract offers and payments—** The [Secretary](/usc/16/3801.md?p=a-21) shall use the method of determination described in [section 3834(d) of this title](/usc/16/3834.md?p=d) to determine the acceptability of contract offers and the amount of [rental payments](/usc/16/3801.md?p=a-20) under this section.
  - (3) **Incentives—** The amounts payable to [owners](/usc/16/429b–3.md?p=4) and operators in the form of [rental payments](/usc/16/3801.md?p=a-20) under contracts entered into under this section shall reflect incentives that are provided to [owners](/usc/16/429b–3.md?p=4) and operators to enroll filterstrips in the conservation reserve under [section 3834 of this title](/usc/16/3834.md).

## Source credit

(Pub. L. 99–198, title XII, § 1231B, as added Pub. L. 110–234, title II, § 2106(a)(1), May 22, 2008, 122 Stat. 1029, and Pub. L. 110–246, § 4(a), title II, § 2106(a)(1), June 18, 2008, 122 Stat. 1664, 1757; amended Pub. L. 113–79, title II, § 2002, Feb. 7, 2014, 128 Stat. 714; Pub. L. 115–334, title II, §§ 2203, 2821(c), Dec. 20, 2018, 132 Stat. 4538, 4603.)

## Notes

### Editorial Notes

### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

### Prior Provisions

Provisions similar to those comprising this section were contained in section 3831(h) of this title prior to repeal by Pub. L. 110–246.

### Amendments

2018—Subsec. (a)(1). Pub. L. 115–334, § 2203(1), substituted “2023” for “2018”.

Subsec. (b)(2)(A)(i). Pub. L. 115–334, § 2821(c), inserted semicolon at end.

Subsec. (f)(2). Pub. L. 115–334, § 2203(2), substituted “3834(d)” for “3834(d)(2)(A)(ii)”.

2014—Pub. L. 113–79, § 2002(d)(1), substituted “Farmable wetland program” for “Pilot program for enrollment of wetland and buffer acreage in conservation reserve” in section catchline.

Subsec. (a)(1). Pub. L. 113–79, § 2002(a), substituted “2018” for “2012” and “a farmable wetland program” for “a program”.

Subsec. (b)(1)(B). Pub. L. 113–79, § 2002(b), substituted “surface and subsurface flow from row crop agricultural production” for “flow from a row crop agriculture drainage system”.

Subsec. (c)(1)(B). Pub. L. 113–79, § 2002(c), substituted “750,000” for “1,000,000”.

Subsec. (f)(2). Pub. L. 113–79, § 2002(d)(2), substituted “section 3834(d)(2)(A)(ii)” for “section 3834(c)(2)(B)”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Enactment 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 a note under section 8701 of Title 7, Agriculture.