---
kind: "section"
citation: "16 U.S.C. § 3833"
title: "16"
title_heading: "Conservation"
number: "3833"
heading: "Duties of the Secretary"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3833"
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"
---

# §3833. Duties of the Secretary

- (a) **Cost-share and rental payments—** In return for a contract entered into by an [owner](/usc/16/429b–3.md?p=4) or operator under the conservation reserve program, the [Secretary](/usc/16/3801.md?p=a-21) shall—
  - (1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the [Secretary](/usc/16/3801.md?p=a-21) determines that cost sharing is appropriate and in the public interest, including the cost of fencing and other water distribution practices, if applicable; and
  - (2) for a period of years not in excess of the term of the contract, pay an annual [rental payment](/usc/16/3801.md?p=a-20), in accordance with [section 3834(d) of this title](/usc/16/3834.md?p=d), for—
    - (A) the conversion of [highly erodible cropland](/usc/16/3801.md?p=a-10), marginal pastureland, or other eligible lands normally devoted to the production of an [agricultural commodity](/usc/16/3801.md?p=a-1) on a farm or ranch to a less intensive use; or
    - (B) the development and management of grasslands for multiple natural resource conservation benefits, including to soil, water, air, and wildlife.
- (b) **Specified activities permitted—**
  - (1) **In general—** The [Secretary](/usc/16/3801.md?p=a-21), in coordination with the applicable [State](/usc/16/3801.md?p=a-24) technical committee established under [section 3861(a) of this title](/usc/16/3861.md?p=a), shall permit certain activities or commercial uses of established cover on land that is subject to a contract under the conservation reserve program if—
    - (A) those activities or uses—
      - (i) are consistent with the conservation of soil, water quality, and wildlife habitat;
      - (ii) are subject to appropriate restrictions during the primary nesting season for birds in the local [area](/usc/16/539m–1.md?p=1-A) that are economically significant, in significant decline, or conserved in accordance with Federal or [State](/usc/16/3801.md?p=a-24) law;
      - (iii) contribute to the health and vigor of the established cover; and
      - (iv) are consistent with a site-specific plan, including vegetative management requirements, stocking rates, and frequency and duration of activity, [taking](/usc/16/3102.md?p=18) into consideration regional differences, such as climate, soil type, and natural resources; and
    - (B) the [Secretary](/usc/16/3801.md?p=a-21), in coordination with the [State](/usc/16/3801.md?p=a-24) technical committee, includes contract modifications—
      - (i) without any reduction in the rental rate for—
        - (I) emergency haying, emergency grazing, or other emergency use of the forage in response to a localized or regional drought, flooding, wildfire, or other emergency, on all practices, outside the primary nesting season, when—
          - (aa) the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor;
          - (bb) there is at least a 40 percent loss in forage production in the county; or
          - (cc) the [Secretary](/usc/16/3801.md?p=a-21), in coordination with the [State](/usc/16/3801.md?p=a-24) technical committee, determines that the program can assist in the response to a natural disaster event without permanent damage to the established cover;
        - (II) emergency grazing on all practices during the primary nesting season if payments are authorized for a county under the [livestock](/usc/16/3801.md?p=a-17) forage disaster program under clause (ii) of [section 9081(c)(3)(D) of title 7](/usc/7/9081.md?p=c-3-D), at 50 percent of the normal carrying capacity determined under [clause (i)](/usc/7/9081.md?p=c-3-D-i) of that section, adjusted to the site-specific plan;
        - (III) emergency haying on certain practices, outside the primary nesting season, if payments are authorized for a county under the [livestock](/usc/16/3801.md?p=a-17) forage disaster program under clause (ii) of [section 9081(c)(3)(D) of title 7](/usc/7/9081.md?p=c-3-D), on not more than 50 percent of contract acres, as identified in the site-specific plan;
        - (IV) grazing of all practices, outside the primary nesting season, if included as a mid-contract management practice under [section 3832(a)(5) of this title](/usc/16/3832.md?p=a-5);
        - (V) the intermittent and seasonal use of vegetative buffer established under paragraphs (4) and (5) of [section 3831(b) of this title](/usc/16/3831.md?p=b) that are incidental to agricultural production on land adjacent to the buffer such that the permitted use—
          - (aa) does not destroy the permanent [vegetative cover](/usc/16/3801.md?p=a-26); and
          - (bb) retains suitable vegetative structure for wildlife cover and shelter outside the primary nesting season; or
        - (VI) grazing on all practices, outside the primary nesting season, if conducted by a [beginning farmer or rancher](/usc/16/3801.md?p=a-2); or
      - (ii) with a 25 percent reduction in the annual rental rate for the acres covered by the authorized activity, including—
        - (I) grazing not more frequently than every other year on the same land, except that during the primary nesting season, grazing shall be subject to a 50 percent reduction in the stocking rate specified in the site-specific plan;
        - (II) grazing of all practices during the primary nesting season, with a 50 percent reduction in the stocking rate specified in the site-specific plan;
        - (III) haying and other commercial use (including the managed harvesting of biomass and excluding the harvesting of [vegetative cover](/usc/16/3801.md?p=a-26)), on the condition that the activity—
          - (aa) is completed outside the primary nesting season;
          - (bb) occurs not more than once every 3 years; and
          - (cc) maintains 25 percent of the total contract acres unharvested, in accordance with a site-specific plan that provides for wildlife cover and shelter;
        - (IV) annual grazing outside the primary nesting season if consistent with a site-specific plan that is authorized for the control of invasive species; and
        - (V) the installation of wind turbines and associated access, except that in permitting the installation of wind turbines, the [Secretary](/usc/16/3801.md?p=a-21) shall determine the number and location of wind turbines that may be installed, [taking](/usc/16/3102.md?p=18) into account—
          - (aa) the location, size, and other physical characteristics of the land;
          - (bb) the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and
          - (cc) the purposes of the conservation reserve program under this subpart.
  - (2) **Conditions on haying and grazing—**
    - (A) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) may permit haying or grazing in accordance with [paragraph (1)](#b-1) on any land or practice subject to a contract under the conservation reserve program.
    - (B) **Exceptions—**
      - (i) **Damage to vegetative cover—** Haying or grazing described in [paragraph (1)](#b-1) shall not be permitted on land subject to a contract under the conservation reserve program, or under a particular practice, if haying or grazing for that year under that practice, as applicable, would cause long-term damage to [vegetative cover](/usc/16/3801.md?p=a-26) on that land.
      - (ii) **Special agreements—**
        - (I) **In general—** Except as provided in [subclause (II)](#b-2-B-ii-II), haying or grazing described in [paragraph (1)](#b-1) shall not be permitted on—
          - (aa) land covered by a contract enrolled under the [State](/usc/16/3801.md?p=a-24) acres for wildlife enhancement program established by the [Secretary](/usc/16/3801.md?p=a-21); or
          - (bb) land covered by a contract enrolled under a conservation reserve enhancement program established under [section 3831a of this title](/usc/16/3831a.md) or the Conservation Reserve Enhancement Program established by the [Secretary](/usc/16/3801.md?p=a-21) under this subpart.
        - (II) **Exception—** [Subclause (I)](#b-2-B-ii-I) shall not apply to land on which haying or grazing is specifically permitted under the applicable conservation reserve enhancement program agreement or other partnership agreement entered into under this subpart.
- (c) **Authorized activities on grasslands—** For eligible land described in [section 3831(b)(3) of this title](/usc/16/3831.md?p=b-3), the [Secretary](/usc/16/3801.md?p=a-21) shall permit the following activities:
  - (1) 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.
  - (2) Haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the nesting season for birds in the local [area](/usc/16/539m–1.md?p=1-A) that are economically significant, in significant decline, or conserved in accordance with Federal or [State](/usc/16/3801.md?p=a-24) law, as 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) Fire presuppression, fire-related rehabilitation, and construction of fire breaks.
  - (4) Grazing-related activities, such as fencing and [livestock](/usc/16/3801.md?p=a-17) watering.
- (d) **Resource conserving use—**
  - (1) **In general—** Beginning on the date that is 1 year before the date of termination of a contract under the program, the [Secretary](/usc/16/3801.md?p=a-21) shall allow an [owner](/usc/16/429b–3.md?p=4) or operator to make conservation and land improvements for economic use that facilitate maintaining protection of enrolled land after expiration of the contract.
  - (2) **Conservation plan—** The [Secretary](/usc/16/3801.md?p=a-21) shall require an [owner](/usc/16/429b–3.md?p=4) or operator carrying out the activities described in [paragraph (1)](#d-1) to develop and implement a [conservation plan](/usc/16/3801.md?p=a-3).
  - (3) **Re-enrollment prohibited—** Land improved under [paragraph (1)](#d-1) may not be re-enrolled in the conservation reserve program for 5 years after the date of termination of the contract.
  - (4) **Payment reduction—** In the case of an activity carried out under [paragraph (1)](#d-1), the [Secretary](/usc/16/3801.md?p=a-21) shall reduce the payment otherwise payable under the contract by an amount commensurate with the economic value of the activity.
- (e) **Natural disaster or adverse weather as mid-contract management—** In the case of a natural disaster or adverse weather event that has the effect of a management practice consistent with the [conservation plan](/usc/16/3801.md?p=a-3), the [Secretary](/usc/16/3801.md?p=a-21) shall not require further management practices pursuant to [section 3832(a)(5) of this title](/usc/16/3832.md?p=a-5) that are intended to achieve the same effect.

## Source credit

(Pub. L. 99–198, title XII, § 1233, as added Pub. L. 107–171, title II, § 2101(a), May 13, 2002, 116 Stat. 245; amended Pub. L. 113–79, title II, § 2004, Feb. 7, 2014, 128 Stat. 715; Pub. L. 115–334, title II, § 2206, Dec. 20, 2018, 132 Stat. 4543.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 3833, Pub. L. 99–198, title XII, § 1233, Dec. 23, 1985, 99 Stat. 1511, related to duties of Secretary, prior to the general amendment of this subpart by Pub. L. 107–171.

### Amendments

2018—Subsec. (a)(1). Pub. L. 115–334, § 2206(a)(1), inserted “, including the cost of fencing and other water distribution practices, if applicable” after “in the public interest”.

Subsec. (a)(2). Pub. L. 115–334, § 2206(a)(2)(A), substituted “, in accordance with section 3834(d) of this title,” for “in an amount necessary to compensate” in introductory provisions.

Subsec. (a)(2)(A). Pub. L. 115–334, § 2206(a)(2)(B) inserted “, marginal pastureland,” after “cropland” and “or” at end.

Subsec. (a)(2)(B), (C). Pub. L. 115–334, § 2206(a)(2)(C), (D), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “the retirement of any base history that the owner or operator agrees to retire permanently; and”.

Subsec. (b). Pub. L. 115–334, § 2206(b), added subsec. (b) and struck out former subsec. (b) which described certain activities or commercial uses that would be permitted on land subject to a contract under the conservation reserve program.

Subsec. (e). Pub. L. 115–334, § 2206(c), added subsec. (e).

2014—Pub. L. 113–79 amended section generally. Prior to amendment, section also related to duties of the Secretary.