§3865a. Definitions — Inbound Citations

16 U.S.C. § 3865a

Cited by 190 provisions in release 119-102.

Citations to §3865a(1)

16 U.S.C. § 3865b(a)(1)

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(1) the purchase by eligible entities of agricultural land easements in eligible land;
16 U.S.C. § 3865b(b)(1)

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(1) The Secretary shall protect the agricultural use, including grazing, and related conservation values of eligible land through cost-share assistance to eligible entities for purchasing agricultural land easements.
16 U.S.C. § 3865b(b)(2)(A)

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(A) An agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 50 percent of the fair market value of the agricultural land easement, as determined by the Secretary using—

(i) the Uniform Standards of Professional Appraisal Practice;

(ii) an areawide market analysis or survey; or

(iii) another industry-approved method.
16 U.S.C. § 3865b(b)(2)(B)(ii)

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(ii) In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement.
16 U.S.C. § 3865b(b)(2)(B)(iii)(II)

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(II) a charitable donation or qualified conservation contribution (as defined in section 170(h) of title 26) from the private landowner from which the agricultural land easement will be purchased;
16 U.S.C. § 3865b(b)(2)(B)(iii)(III)

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(III) costs associated with securing a deed to the agricultural land easement, including the cost of appraisal, survey, inspection, and title; and
16 U.S.C. § 3865b(b)(3)(D)

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(D) In evaluating applications under the program, the Secretary may give priority to an application for the purchase of an agricultural land easement that, as determined by the Secretary, maintains agricultural viability.
16 U.S.C. § 3865b(b)(4)(C)

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(C) An eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions—

(i) are consistent with the purposes of the program;

(ii) permit effective enforcement of the conservation purposes of such easements;

(iii) include a right of enforcement for the Secretary that—

(I) may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and

(II) does not extend to a right of inspection unless—

(AA) the holder of the easement fails to provide monitoring reports in a timely manner; or

(BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and

(bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection;

(iv) include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and

(v) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted.
16 U.S.C. § 3865b(b)(4)(C)(iv)

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(iv) include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and
16 U.S.C. § 3865b(b)(4)(D)

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(D) An eligible entity may include terms and conditions for an agricultural land easement that—

(i) are intended to keep the land subject to the agricultural land easement under the ownership of a farmer or rancher, as determined by the Secretary;

(ii) allow subsurface mineral development on the land subject to the agricultural land easement and in accordance with applicable State law if, as determined by the Secretary—

(I) the subsurface mineral development—

(aa) has a limited and localized impact;

(bb) does not harm the agricultural use and conservation values of the land subject to the easement;

(cc) does not materially alter or affect the existing topography;

(dd) shall comply with a subsurface mineral development plan that—

(AA) includes a plan for the remediation of impacts to the agricultural use and conservation values of the land subject to the easement; and

(BB) is approved by the Secretary prior to the initiation of mineral development activity;

(ee) is not accomplished by any surface mining method;

(ff) is within the impervious surface limits of the easement under subparagraph (C)(v); and

(gg) uses practices and technologies that minimize the duration and intensity of impacts to the agricultural use and conservation values of the land subject to the easement; and

(II) each area impacted by the subsurface mineral development shall be reclaimed and restored by the holder of the mineral rights at cessation of operation; and

(iii) include other relevant activities relating to the agricultural land easement, as determined by the Secretary.
16 U.S.C. § 3865b(b)(4)(D)(i)

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(i) are intended to keep the land subject to the agricultural land easement under the ownership of a farmer or rancher, as determined by the Secretary;
16 U.S.C. § 3865b(b)(4)(D)(ii)

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(ii) allow subsurface mineral development on the land subject to the agricultural land easement and in accordance with applicable State law if, as determined by the Secretary—

(I) the subsurface mineral development—

(aa) has a limited and localized impact;

(bb) does not harm the agricultural use and conservation values of the land subject to the easement;

(cc) does not materially alter or affect the existing topography;

(dd) shall comply with a subsurface mineral development plan that—

(AA) includes a plan for the remediation of impacts to the agricultural use and conservation values of the land subject to the easement; and

(BB) is approved by the Secretary prior to the initiation of mineral development activity;

(ee) is not accomplished by any surface mining method;

(ff) is within the impervious surface limits of the easement under subparagraph (C)(v); and

(gg) uses practices and technologies that minimize the duration and intensity of impacts to the agricultural use and conservation values of the land subject to the easement; and

(II) each area impacted by the subsurface mineral development shall be reclaimed and restored by the holder of the mineral rights at cessation of operation; and
16 U.S.C. § 3865b(b)(4)(D)(iii)

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(iii) include other relevant activities relating to the agricultural land easement, as determined by the Secretary.
16 U.S.C. § 3865b(b)(5)(A)(iii)

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(iii) accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements; and
16 U.S.C. § 3865b(b)(5)(B)(i)(II)

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(II) the capacity and resources to monitor and enforce agricultural land easements; and
16 U.S.C. § 3865b(b)(5)(B)(i)(III)(aa)

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(aa) the long-term integrity of agricultural land easements on eligible land;
16 U.S.C. § 3865b(b)(5)(B)(ii)(II)

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(II) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
16 U.S.C. § 3865b(b)(5)(B)(ii)(III)

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(III) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program; or
16 U.S.C. § 3865b(b)(5)(B)(iii)(I)

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(I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
16 U.S.C. § 3865b(b)(5)(B)(iii)(II)

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(II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.
16 U.S.C. § 3865d(b)(1)

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(1) in the case of an agricultural land easement, is grassland that would benefit from protection under a long-term easement; and
16 U.S.C. § 3865d(d)(3)

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(3) A farmer or rancher who owns eligible land subject to an agricultural land easement may enter into a contract under subpart B of part I of subchapter IV.

Citations to §3865a(2)(A)

16 U.S.C. § 3865b(a)(3)

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(3) buy-protect-sell transactions.

Citations to §3865a(3)

16 U.S.C. § 3865b(a)(1)

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(1) the purchase by eligible entities of agricultural land easements in eligible land;
16 U.S.C. § 3865b(b)(1)

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(1) The Secretary shall protect the agricultural use, including grazing, and related conservation values of eligible land through cost-share assistance to eligible entities for purchasing agricultural land easements.
16 U.S.C. § 3865b(b)(2)(B)(i)

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(i) Under the agreement, the eligible entity shall provide a share that is at least equivalent to that provided by the Secretary.
16 U.S.C. § 3865b(b)(2)(B)(iii)

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(iii) The non-Federal share provided by an eligible entity under this subparagraph may comprise—

(I) cash resources;

(II) a charitable donation or qualified conservation contribution (as defined in section 170(h) of title 26) from the private landowner from which the agricultural land easement will be purchased;

(III) costs associated with securing a deed to the agricultural land easement, including the cost of appraisal, survey, inspection, and title; and

(IV) other costs, as determined by the Secretary.
16 U.S.C. § 3865b(b)(4)(A)

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(A) The Secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this section.
16 U.S.C. § 3865b(b)(4)(B)(i)

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(i) in the case of an eligible entity certified under the process described in paragraph (5), a minimum of five years; and
16 U.S.C. § 3865b(b)(4)(B)(ii)

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(ii) for all other eligible entities, at least three, but not more than five years.
16 U.S.C. § 3865b(b)(4)(C)

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(C) An eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions—

(i) are consistent with the purposes of the program;

(ii) permit effective enforcement of the conservation purposes of such easements;

(iii) include a right of enforcement for the Secretary that—

(I) may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and

(II) does not extend to a right of inspection unless—

(AA) the holder of the easement fails to provide monitoring reports in a timely manner; or

(BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and

(bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection;

(iv) include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and

(v) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted.
16 U.S.C. § 3865b(b)(4)(C)(iii)(I)

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(I) may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and
16 U.S.C. § 3865b(b)(4)(C)(iii)(II)(bb)

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(bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection;
16 U.S.C. § 3865b(b)(4)(D)

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(D) An eligible entity may include terms and conditions for an agricultural land easement that—

(i) are intended to keep the land subject to the agricultural land easement under the ownership of a farmer or rancher, as determined by the Secretary;

(ii) allow subsurface mineral development on the land subject to the agricultural land easement and in accordance with applicable State law if, as determined by the Secretary—

(I) the subsurface mineral development—

(aa) has a limited and localized impact;

(bb) does not harm the agricultural use and conservation values of the land subject to the easement;

(cc) does not materially alter or affect the existing topography;

(dd) shall comply with a subsurface mineral development plan that—

(AA) includes a plan for the remediation of impacts to the agricultural use and conservation values of the land subject to the easement; and

(BB) is approved by the Secretary prior to the initiation of mineral development activity;

(ee) is not accomplished by any surface mining method;

(ff) is within the impervious surface limits of the easement under subparagraph (C)(v); and

(gg) uses practices and technologies that minimize the duration and intensity of impacts to the agricultural use and conservation values of the land subject to the easement; and

(II) each area impacted by the subsurface mineral development shall be reclaimed and restored by the holder of the mineral rights at cessation of operation; and

(iii) include other relevant activities relating to the agricultural land easement, as determined by the Secretary.
16 U.S.C. § 3865b(b)(4)(F)(ii)

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(ii) the Secretary may require the eligible entity to refund all or part of any payments received by the entity under the program, with interest on the payments as determined appropriate by the Secretary.
16 U.S.C. § 3865b(b)(5)(A)(i)

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(i) directly certify eligible entities that meet established criteria;
16 U.S.C. § 3865b(b)(5)(A)(ii)

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(ii) enter into long-term agreements with certified eligible entities;
16 U.S.C. § 3865b(b)(5)(A)(iv)

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(iv) allow a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program.
16 U.S.C. § 3865b(b)(5)(B)

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(B) In order to be certified, an eligible entity shall demonstrate to the Secretary that the eligible entity—

(i) will maintain, at a minimum, for the duration of the agreement—

(I) a plan for administering easements that is consistent with the purpose of the program;

(II) the capacity and resources to monitor and enforce agricultural land easements; and

(III) policies and procedures to ensure—

(aa) the long-term integrity of agricultural land easements on eligible land;

(bb) timely completion of acquisitions of such easements; and

(cc) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program;

(ii) has—

(I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body, as determined by the Secretary;

(II) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and

(III) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program; or

(iii) is a State department of agriculture or other State agency with statutory authority for farm and ranchland protection that has—

(I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and

(II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.
16 U.S.C. § 3865b(b)(5)(B)(ii)(III)

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(III) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program; or
16 U.S.C. § 3865b(b)(5)(B)(iii)(II)

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(II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.
16 U.S.C. § 3865b(b)(5)(C)(i)

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(i) The Secretary shall conduct a review of eligible entities certified under subparagraph (A) every three years to ensure that such entities are meeting the criteria established under subparagraph (B).
16 U.S.C. § 3865b(b)(5)(C)(ii)

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(ii) If the Secretary finds that a certified eligible entity no longer meets the criteria established under subparagraph (B), the Secretary may—

(I) allow the certified eligible entity a specified period of time, at a minimum 180 days, in which to take such actions as may be necessary to meet the criteria; and

(II) revoke the certification of the eligible entity, if, after the specified period of time, the certified eligible entity does not meet such criteria.
16 U.S.C. § 3865b(b)(5)(C)(ii)(I)

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(I) allow the certified eligible entity a specified period of time, at a minimum 180 days, in which to take such actions as may be necessary to meet the criteria; and
16 U.S.C. § 3865b(b)(5)(C)(ii)(II)

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(II) revoke the certification of the eligible entity, if, after the specified period of time, the certified eligible entity does not meet such criteria.
16 U.S.C. § 3865d(c)(2)(B)

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(B) In modifying or exchanging an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity.
16 U.S.C. § 3865d(c)(4)

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(4) The Secretary shall obtain consent from the landowner and eligible entity, if applicable, for any subordination, exchange, modification, or termination of interest in land, or portion of such interest, under this subsection.
16 U.S.C. § 3865d(e)

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(e) The Secretary may not provide assistance under this subchapter to an eligible entity or owner of eligible land unless the eligible entity or owner agrees, during the crop year for which the assistance is provided—

(1) to comply with applicable conservation requirements under subchapter II; and

(2) to comply with applicable wetland protection requirements under subchapter III.

Citations to §3865a(3)(B)

16 U.S.C. § 3871a(4)(I)

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(I) An organization described in section 3865a(3)(B) of this title.

Citations to §3865a(4)

16 U.S.C. § 3865(a)

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(a) The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land.
16 U.S.C. § 3865(b)(2)

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(2) restore, protect, and enhance wetlands on eligible land;
16 U.S.C. § 3865(b)(3)

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(3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values; and
16 U.S.C. § 3865(b)(4)

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(4) protect grazing uses and related conservation values by restoring or conserving eligible land.
16 U.S.C. § 3865b(a)(1)

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(1) the purchase by eligible entities of agricultural land easements in eligible land;
16 U.S.C. § 3865b(b)(1)

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(1) The Secretary shall protect the agricultural use, including grazing, and related conservation values of eligible land through cost-share assistance to eligible entities for purchasing agricultural land easements.
16 U.S.C. § 3865b(b)(5)(B)(i)(III)(aa)

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(aa) the long-term integrity of agricultural land easements on eligible land;
16 U.S.C. § 3865b(c)

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(c) The Secretary shall enroll eligible land under this section through the use of—

(1) permanent easements; or

(2) easements for the maximum duration allowed under applicable State laws.
16 U.S.C. § 3865c(a)

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(a) The Secretary shall provide assistance to owners of eligible land to restore, protect, and enhance wetlands through—

(1) wetland reserve easements and related wetland reserve easement plans; and

(2) technical assistance.
16 U.S.C. § 3865c(b)(1)

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(1) The Secretary shall enroll eligible land under this section through the use of—

(A) 30-year easements;

(B) permanent easements;

(C) easements for the maximum duration allowed under applicable State laws; or

(D) as an option for Indian tribes only, 30-year contracts.
16 U.S.C. § 3865c(b)(4)

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(4) To be eligible to place eligible land into the program through a wetland reserve easement, the owner of such land shall enter into an agreement with the Secretary to—

(A) grant an easement on such land to the Secretary;

(B) authorize the implementation of a wetland reserve easement plan developed for the eligible land under subsection (f);

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

(D) provide a written statement of consent to such easement signed by those holding a security interest in the land;

(E) comply with the terms and conditions of the easement and any related agreements; and

(F) permanently retire any existing base history for the land on which the easement has been obtained.
16 U.S.C. § 3865c(b)(4)(B)

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(B) authorize the implementation of a wetland reserve easement plan developed for the eligible land under subsection (f);
16 U.S.C. § 3865c(b)(5)(A)(ii)(III)

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(III) any activities to be carried out on the owner’s or successor’s land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and
16 U.S.C. § 3865c(c)(1)

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(1) The Secretary shall provide financial assistance to owners of eligible land to carry out the establishment of conservation measures and practices and protect wetland functions and values, including necessary maintenance activities, as set forth in a wetland reserve easement plan developed for the eligible land under subsection (f).
16 U.S.C. § 3865c(f)(1)(A)(i)

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(i) for any eligible land subject to a wetland reserve easement; and
16 U.S.C. § 3865c(f)(1)(A)(ii)

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(ii) that restores, protects, enhances, manages, maintains, and monitors the eligible land subject to the wetland reserve easements acquired under this section.
16 U.S.C. § 3865d(d)(1)

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(1) The Secretary may terminate or modify a contract entered into under section 3831(a) of this title if eligible land that is subject to such contract is enrolled in an easement under section 3865c(b) of this title.
16 U.S.C. § 3865d(d)(3)

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(3) A farmer or rancher who owns eligible land subject to an agricultural land easement may enter into a contract under subpart B of part I of subchapter IV.
16 U.S.C. § 3865d(e)

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(e) The Secretary may not provide assistance under this subchapter to an eligible entity or owner of eligible land unless the eligible entity or owner agrees, during the crop year for which the assistance is provided—

(1) to comply with applicable conservation requirements under subchapter II; and

(2) to comply with applicable wetland protection requirements under subchapter III.
16 U.S.C. § 3871(a)

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(a) The Secretary shall establish a regional conservation partnership program to implement eligible activities on eligible land through—

(1) partnership agreements, including partnership agreements funded through alternative funding arrangements or grant agreements under section 3871c(d) of this title, with eligible partners; and

(2) program contracts with producers.
16 U.S.C. § 3871(b)(2)

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(2) To further the conservation, protection, restoration, and sustainable use of soil, water (including sources of drinking water and groundwater), wildlife, agricultural land, and related natural resources on eligible land on a regional or watershed scale.
16 U.S.C. § 3871(b)(3)(A)

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(A) meeting or avoiding the need for national, State, and local natural resource regulatory requirements related to production on eligible land, including through alignment of partnership projects with other national, State, and local agencies and programs addressing similar natural resource or environmental concerns; and
16 U.S.C. § 3871a(3)

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(3) The term “eligible land” means any agricultural or nonindustrial private forest land or associated land on which the Secretary determines an eligible activity would help achieve conservation benefits.
16 U.S.C. § 3871b(a)

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(a) The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity on eligible land.
16 U.S.C. § 3871b(c)(1)(A)(ii)

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(ii) the eligible activities on eligible land to be conducted under the project to achieve conservation benefits;
16 U.S.C. § 3871c(a)

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(a) A producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary.
16 U.S.C. § 3871c(b)(1)

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(1) The Secretary shall establish a program contract to be entered into with a producer to conduct eligible activities on eligible land, subject to such terms and conditions as the Secretary may establish.
16 U.S.C. § 3871c(d)(3)(A)

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(A) carry out eligible activities on eligible land in agreement with producers to achieve conservation benefits on a regional or watershed scale, such as—

(i) infrastructure investments relating to agricultural or nonindustrial private forest production that would—

(I) benefit multiple producers; and

(II) address natural resource concerns such as drought, wildfire, or water quality impairment on the land covered by the project;

(ii) projects addressing natural resources concerns in coordination with producers, including the development and implementation of watershed, habitat, or other area restoration plans;

(iii) projects that use innovative approaches to leveraging the Federal investment in conservation with private financial mechanisms, in conjunction with agricultural production or forest resource management, such as—

(I) the provision of performance-based payments to producers; and

(II) support for an environmental market; or

(iv) other projects for which the Secretary determines that the goals and objectives of the program would be easier to achieve through the funding agreement under paragraph (1); and

Citations to §3865a(5)

16 U.S.C. § 3865b(b)(4)(C)(iii)(II)(aa)(AA)

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(AA) the holder of the easement fails to provide monitoring reports in a timely manner; or

Citations to §3865a(6)

16 U.S.C. § 3865(a)

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(a) The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land.
16 U.S.C. § 3865(b)

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(b) The purposes of the program are to—

(1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 3837¹ of this title, the grassland reserve program established under section 3838n¹ of this title, and the farmland protection program established under section 3838i¹ of this title, as such sections were in effect on the day before February 7, 2014;

(2) restore, protect, and enhance wetlands on eligible land;

(3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values; and

(4) protect grazing uses and related conservation values by restoring or conserving eligible land.
16 U.S.C. § 3865(b)(1)

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(1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 3837¹ of this title, the grassland reserve program established under section 3838n¹ of this title, and the farmland protection program established under section 3838i¹ of this title, as such sections were in effect on the day before February 7, 2014;
16 U.S.C. § 3865b(a)(2)

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(2) technical assistance to implement the program, including technical assistance for the development of a conservation plan under subsection (b)(4)(C)(iv); and
16 U.S.C. § 3865b(b)(3)(A)

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(A) The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program.
16 U.S.C. § 3865b(b)(3)(C)(i)

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(i) meet the purposes of the program; and
16 U.S.C. § 3865b(b)(3)(C)(ii)

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(ii) continue to maximize the benefit of the Federal investment under the program.
16 U.S.C. § 3865b(b)(3)(D)

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(D) In evaluating applications under the program, the Secretary may give priority to an application for the purchase of an agricultural land easement that, as determined by the Secretary, maintains agricultural viability.
16 U.S.C. § 3865b(b)(3)(E)

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(E) If the Secretary determines that 2 or more applications for cost-share assistance are comparable in achieving the purpose of the program, the Secretary shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the program.
16 U.S.C. § 3865b(b)(4)(C)(i)

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(i) are consistent with the purposes of the program;
16 U.S.C. § 3865b(b)(4)(F)(ii)

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(ii) the Secretary may require the eligible entity to refund all or part of any payments received by the entity under the program, with interest on the payments as determined appropriate by the Secretary.
16 U.S.C. § 3865b(b)(5)(A)(iv)

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(iv) allow a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program.
16 U.S.C. § 3865b(b)(5)(B)(i)(I)

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(I) a plan for administering easements that is consistent with the purpose of the program;
16 U.S.C. § 3865b(b)(5)(B)(i)(III)(cc)

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(cc) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program;
16 U.S.C. § 3865b(b)(5)(B)(ii)(II)

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(II) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
16 U.S.C. § 3865b(b)(5)(B)(ii)(III)

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(III) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program; or
16 U.S.C. § 3865b(b)(5)(B)(iii)(I)

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(I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
16 U.S.C. § 3865b(b)(5)(B)(iii)(II)

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(II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.
16 U.S.C. § 3865c(b)(2)(A)(i)

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(i) land established to trees under the conservation reserve program, except in cases where the Secretary determines it would further the purposes of this section; and
16 U.S.C. § 3865c(b)(2)(B)(iii)

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(iii) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program.
16 U.S.C. § 3865c(b)(3)(A)

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(A) The Secretary shall establish evaluation and ranking criteria for offers from landowners under this section to maximize the benefit of Federal investment under the program.
16 U.S.C. § 3865c(b)(3)(B)(iv)

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(iv) such other factors as the Secretary determines are necessary to carry out the purposes of the program.
16 U.S.C. § 3865c(b)(4)

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(4) To be eligible to place eligible land into the program through a wetland reserve easement, the owner of such land shall enter into an agreement with the Secretary to—

(A) grant an easement on such land to the Secretary;

(B) authorize the implementation of a wetland reserve easement plan developed for the eligible land under subsection (f);

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

(D) provide a written statement of consent to such easement signed by those holding a security interest in the land;

(E) comply with the terms and conditions of the easement and any related agreements; and

(F) permanently retire any existing base history for the land on which the easement has been obtained.
16 U.S.C. § 3865c(b)(5)(A)(ii)(II)(bb)

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(bb) to comply with a Federal or State emergency pest treatment program; or
16 U.S.C. § 3865c(b)(5)(A)(ii)(IV)

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(IV) the adoption of any other practice that would tend to defeat the purposes of the program, as determined by the Secretary;
16 U.S.C. § 3865c(b)(5)(A)(iv)

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(iv) include such additional provisions as the Secretary determines are desirable to carry out the program or facilitate the practical administration thereof.
16 U.S.C. § 3865c(b)(5)(B)

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(B) On the violation of a term or condition of a wetland reserve easement, the wetland reserve easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under the program, with interest on the payments as determined appropriate by the Secretary.
16 U.S.C. § 3865c(b)(6)(A)(i)

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(i) The Secretary shall pay as compensation for a permanent wetland reserve easement acquired under the program an amount necessary to encourage enrollment in the program, based on the lowest of—

(I) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practice or an areawide market analysis or survey;

(II) the amount corresponding to a geographical cap, as determined by the Secretary in regulations; or

(III) the offer made by the landowner.
16 U.S.C. § 3865c(b)(6)(C)(ii)

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(ii) For wetland reserve easements valued at more than $500,000, the Secretary may provide payments in at least 5, but not more than 10 annual payments, except that, if the Secretary determines it would further the purposes of the program, the Secretary may make a lump-sum payment for such an easement.
16 U.S.C. § 3865c(d)(2)

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(2) The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian tribe to carry out necessary restoration, enhancement, or maintenance of a wetland reserve easement if the Secretary determines that the contract or agreement will advance the purposes of the program.
16 U.S.C. § 3865c(e)

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(e) The Secretary may enter into 1 or more agreements with a State (including a political subdivision or agency of a State), nongovernmental organization, or Indian tribe to carry out a special wetland reserve enhancement option that the Secretary determines would advance the purposes of program.
16 U.S.C. § 3865d(a)

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(a) The Secretary may not use program funds for the purposes of acquiring an easement on—

(1) lands owned by an agency of the United States, other than land held in trust for Indian tribes;

(2) lands owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government;

(3) land subject to an easement or deed restriction which, as determined by the Secretary, provides similar protection as would be provided by enrollment in the program; or

(4) lands where the purposes of the program would be undermined due to on-site or off-site conditions, such as risk of hazardous substances, permitted or existing rights of way, infrastructure development, or adjacent land uses.
16 U.S.C. § 3865d(a)(3)

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(3) land subject to an easement or deed restriction which, as determined by the Secretary, provides similar protection as would be provided by enrollment in the program; or
16 U.S.C. § 3865d(a)(4)

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(4) lands where the purposes of the program would be undermined due to on-site or off-site conditions, such as risk of hazardous substances, permitted or existing rights of way, infrastructure development, or adjacent land uses.
16 U.S.C. § 3865d(b)

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(b) In evaluating applications under the program, the Secretary may give priority to land that is currently enrolled in the conservation reserve program in a contract that is set to expire within 1 year and—

(1) in the case of an agricultural land easement, is grassland that would benefit from protection under a long-term easement; and

(2) in the case of a wetland reserve easement, is a wetland or related area with the highest wetland functions and value and is likely to return to production after the land leaves the conservation reserve program.
16 U.S.C. § 3865d(b)(2)

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(2) in the case of a wetland reserve easement, is a wetland or related area with the highest wetland functions and value and is likely to return to production after the land leaves the conservation reserve program.
16 U.S.C. § 3865d(c)(1)

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(1) The Secretary may subordinate any interest in land, or portion of such interest, administered by the Secretary (including for the purposes of utilities and energy transmission services) either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that the subordination—

(A) increases conservation values or has a limited negative effect on conservation values;

(B) minimally affects the acreage subject to the interest in land; and

(C) is in the public interest or furthers the practical administration of the program.
16 U.S.C. § 3865d(c)(1)(C)

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(C) is in the public interest or furthers the practical administration of the program.
16 U.S.C. § 3865d(c)(2)(A)

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(A) The Secretary may approve a modification or exchange of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—

(i) no reasonable alternative exists and the effect on the interest in land is avoided or minimized to the extent practicable; and

(ii) the modification or exchange—

(I) results in equal or increased conservation values;

(II) results in equal or greater economic value to the United States;

(III) is consistent with the original intent of the easement;

(IV) is consistent with the purposes of the program; and

(V) is in the public interest or furthers the practical administration of the program.
16 U.S.C. § 3865d(c)(2)(A)(ii)(IV)

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(IV) is consistent with the purposes of the program; and
16 U.S.C. § 3865d(c)(2)(A)(ii)(V)

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(V) is in the public interest or furthers the practical administration of the program.
16 U.S.C. § 3865d(c)(3)

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(3) The Secretary may approve a termination of any interest in land, or portion of such interest, administered by the Secretary, directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—

(A) termination is in the interest of the Federal Government;

(B) the United States will be fully compensated for—

(i) the fair market value of the interest in land;

(ii) any costs relating to the termination; and

(iii) any damages determined appropriate by the Secretary; and

(C) the termination will—

(i) address a compelling public need for which there is no practicable alternative even with avoidance and minimization; and

(ii) further the practical administration of the program.
16 U.S.C. § 3865d(c)(3)(C)(ii)

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(ii) further the practical administration of the program.
16 U.S.C. § 3865d(d)(2)

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(2) In accordance with the provisions of subtitle H of title II of the Agricultural Act of 2014, land enrolled in the wetlands reserve program, grassland reserve program, or farmland protection program on the day before February 7, 2014, shall be considered enrolled in the program.
16 U.S.C. § 3871(a)

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(a) The Secretary shall establish a regional conservation partnership program to implement eligible activities on eligible land through—

(1) partnership agreements, including partnership agreements funded through alternative funding arrangements or grant agreements under section 3871c(d) of this title, with eligible partners; and

(2) program contracts with producers.
16 U.S.C. § 3871(b)

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(b) The purposes of the program are as follows:

(1) To carry out eligible activities to accomplish purposes and functions similar to those of the following programs, as in effect on the day before February 7, 2014:

(A) The agricultural water enhancement program established under section 3839aa–9¹ of this title.

(B) The Chesapeake Bay watershed program established under section 3839bb–4¹ of this title.

(C) The cooperative conservation partnership initiative established under section 3843¹ of this title.

(D) The Great Lakes basin program for soil erosion and sediment control established under section 3839bb–3¹ of this title.

(2) To further the conservation, protection, restoration, and sustainable use of soil, water (including sources of drinking water and groundwater), wildlife, agricultural land, and related natural resources on eligible land on a regional or watershed scale.

(3) To encourage eligible partners to cooperate with producers in—

(A) meeting or avoiding the need for national, State, and local natural resource regulatory requirements related to production on eligible land, including through alignment of partnership projects with other national, State, and local agencies and programs addressing similar natural resource or environmental concerns; and

(B) implementing projects that will result in the adoption, installation, and maintenance of eligible activities that affect multiple agricultural or nonindustrial private forest operations on a local, regional, State, or multistate basis.

(4) To encourage the flexible and streamlined delivery of conservation assistance to producers through partnership agreements.

(5) To engage producers and eligible partners in conservation projects to achieve greater conservation outcomes and benefits for producers than would otherwise be achieved.
16 U.S.C. § 3871(b)(1)

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(1) To carry out eligible activities to accomplish purposes and functions similar to those of the following programs, as in effect on the day before February 7, 2014:

(A) The agricultural water enhancement program established under section 3839aa–9¹ of this title.

(B) The Chesapeake Bay watershed program established under section 3839bb–4¹ of this title.

(C) The cooperative conservation partnership initiative established under section 3843¹ of this title.

(D) The Great Lakes basin program for soil erosion and sediment control established under section 3839bb–3¹ of this title.
16 U.S.C. § 3871(b)(1)(A)

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(A) The agricultural water enhancement program established under section 3839aa–9¹ of this title.
16 U.S.C. § 3871(b)(1)(B)

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(B) The Chesapeake Bay watershed program established under section 3839bb–4¹ of this title.
16 U.S.C. § 3871(b)(1)(D)

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(D) The Great Lakes basin program for soil erosion and sediment control established under section 3839bb–3¹ of this title.
16 U.S.C. § 3871(b)(3)(A)

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(A) meeting or avoiding the need for national, State, and local natural resource regulatory requirements related to production on eligible land, including through alignment of partnership projects with other national, State, and local agencies and programs addressing similar natural resource or environmental concerns; and
16 U.S.C. § 3871a(1)(A)

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(A) The agricultural conservation easement program.
16 U.S.C. § 3871a(1)(B)

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(B) The environmental quality incentives program.
16 U.S.C. § 3871a(1)(C)

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(C) The conservation stewardship program, not including the grassland conservation initiative under section 3839aa–25 of this title.
16 U.S.C. § 3871a(1)(D)

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(D) The healthy forests reserve program established under section 6571 of this title.
16 U.S.C. § 3871a(1)(E)

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(E) The conservation reserve program established under subpart B of part I of subchapter IV.
16 U.S.C. § 3871a(1)(F)

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(F) The programs established by the Secretary to carry out the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 (16 U.S.C. 1012) of that Act.
16 U.S.C. § 3871a(6)

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(6) The term “program” means the regional conservation partnership program established by this subchapter.
16 U.S.C. § 3871b(b)(1)(B)

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(B) for a period that is longer than 5 years, if the longer period is necessary to meet the objectives of the program, as determined by the Secretary.
16 U.S.C. § 3871b(d)(2)

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(2) identify in each State a program coordinator for the State, who shall be responsible for providing assistance to eligible partners under the program;
16 U.S.C. § 3871b(e)(3)(C)

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(C) the program resources requested for the project and estimated funding needed from the Secretary;
16 U.S.C. § 3871b(e)(3)(E)

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(E) any other elements the Secretary considers necessary to adequately evaluate and competitively select applications for funding under the program.
16 U.S.C. § 3871b(e)(4)(H)

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(H) meet other factors that are important for achieving the purposes of the program, as determined by the Secretary.
16 U.S.C. § 3871b(f)

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(f) The adjusted gross income limitation described in section 1308–3a(b)(1) of title 7 shall not apply to an eligible partner under the program.
16 U.S.C. § 3871c(b)(2)(A)

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(A) An eligible partner may submit to the Secretary, on behalf of producers, a bundle of applications for assistance under the program through program contracts to address a substantial portion of the conservation benefits to be achieved by the project, as defined in the partnership agreement.
16 U.S.C. § 3871c(c)(1)

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(1) Subject to section 3871d of this title, the Secretary may make payments to a producer in an amount determined by the Secretary to be necessary to achieve the purposes of the program.
16 U.S.C. § 3871c(c)(3)

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(3) To assist in the implementation of the program, the Secretary may waive the applicability of the limitation in section 1308–3a(b)(2) of title 7 for producers if the Secretary determines that the waiver is necessary to fulfill the objectives of the program.
16 U.S.C. § 3871c(d)(3)(A)(iv)

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(iv) other projects for which the Secretary determines that the goals and objectives of the program would be easier to achieve through the funding agreement under paragraph (1); and
16 U.S.C. § 3871c(d)(3)(B)(v)

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(v) any other reporting data the Secretary determines are necessary to ensure compliance with the program rules.
16 U.S.C. § 3871d(a)

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(a) Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out the program, to the maximum extent practicable—

(1) $425,000,000 for fiscal year 2026;

(2) $450,000,000 for fiscal year 2027;

(3) $450,000,000 for fiscal year 2028;

(4) $450,000,000 for fiscal year 2029;

(5) $450,000,000 for fiscal year 2030; and

(6) $450,000,000 for fiscal year 2031.
16 U.S.C. § 3871d(c)

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(c) Of the funds made available for the program under subsection (a), the Secretary shall allocate—

(1) 50 percent of the funds to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees established under subchapter VI; and

(2) 50 percent of the funds to projects for critical conservation areas designated under section 3871f of this title.
16 U.S.C. § 3871d(d)(1)

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(1) Except as provided in paragraph (2), none of the funds made available for the program, including for a partnership agreement funded through an alternative funding arrangement or grant agreement under section 3871c(d) of this title, may be used to pay for the administrative expenses of eligible partners.
16 U.S.C. § 3871d(e)(2)

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(2) The Secretary shall limit costs of the Secretary for technical assistance to costs specific and necessary to carry out the objectives of the program.
16 U.S.C. § 3871e(b)

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(b) Not later than December 31, 2019, and every two years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of projects funded under the program, including—

(1) a summary of—

(A) the progress made towards achieving the conservation benefits defined for the projects; and

(B) any other related outcomes of the projects;

(2) the number and types of eligible partners and producers participating in the partnership agreements selected;

(3) the number of producers receiving assistance;

(4) total funding committed to projects, including from Federal and non-Federal resources;

(5) a description of how the funds under section 3871c(d) of this title are being administered, including—

(A) any oversight mechanisms that the Secretary has implemented;

(B) the process through which the Secretary is resolving appeals by program participants; and

(C) the means by which the Secretary is tracking adherence to any applicable provisions for payment eligibility; and

(6) in the case of a project within a critical conservation area under section 3871f of this title, the status of each priority resource concern for each designated critical conservation area, including—

(A) the priority resource concerns for which each critical conservation area is designated;

(B) conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concerns;

(C) the partnership agreements selected to address each conservation goal and outcome; and

(D) the extent to which each conservation goal and outcome is being addressed by the partnership agreements.
16 U.S.C. § 3871e(b)(5)(B)

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(B) the process through which the Secretary is resolving appeals by program participants; and
16 U.S.C. § 3871e(c)

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(c) The Secretary may not provide assistance under the program to a producer unless the producer agrees, during the program year for which the assistance is provided—

(1) to comply with applicable conservation requirements under subchapter II; and

(2) to comply with applicable wetland protection requirements under subchapter III.
16 U.S.C. § 3871e(d)

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(d) To the maximum extent practicable, in carrying out the program, the Secretary and eligible partners shall conduct outreach to beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers to encourage participation by those producers in a project subject to a partnership agreement or funding agreement under 3871c(d)¹ of this title.
16 U.S.C. § 3871e(e)

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(e) The Secretary shall issue regulations to carry out the program.
16 U.S.C. § 3871f(a)(1)

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(1) The term “critical conservation area” means a geographical area that contains a critical conservation condition that can be addressed through the program.
16 U.S.C. § 3871f(e)(1)

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(1) Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or program contract under this section in a manner that is consistent with the terms of the program.
16 U.S.C. § 3871f(e)(2)

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(2) The Secretary shall, to the maximum extent practicable, ensure that eligible activities carried out in critical conservation areas designated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies.

Citations to §3865a(7)

16 U.S.C. § 3865c(a)(1)

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(1) wetland reserve easements and related wetland reserve easement plans; and
16 U.S.C. § 3865c(b)(2)(B)

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(B) No wetland reserve easement shall be created on land that has changed ownership during the preceding 24-month period unless—

(i) the new ownership was acquired by will or succession as a result of the death of the previous owner;

(I) the ownership change occurred because of foreclosure on the land; and

(II) immediately before the foreclosure, the owner of the land exercises a right of redemption from the mortgage holder in accordance with State law; or

(iii) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program.
16 U.S.C. § 3865c(b)(3)(B)(i)

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(i) the conservation benefits of obtaining a wetland reserve easement, including the potential environmental benefits if the land was removed from agricultural production;
16 U.S.C. § 3865c(b)(3)(B)(ii)

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(ii) the cost effectiveness of each wetland reserve easement, so as to maximize the environmental benefits per dollar expended;
16 U.S.C. § 3865c(b)(3)(B)(iii)

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(iii) whether the landowner or another person is offering to contribute financially to the cost of the wetland reserve easement to leverage Federal funds; and
16 U.S.C. § 3865c(b)(3)(C)

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(C) The Secretary shall give priority to acquiring wetland reserve easements based on the value of the wetland reserve easement for protecting and enhancing habitat for migratory birds and other wildlife or improving water quality.
16 U.S.C. § 3865c(b)(4)

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(4) To be eligible to place eligible land into the program through a wetland reserve easement, the owner of such land shall enter into an agreement with the Secretary to—

(A) grant an easement on such land to the Secretary;

(B) authorize the implementation of a wetland reserve easement plan developed for the eligible land under subsection (f);

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

(D) provide a written statement of consent to such easement signed by those holding a security interest in the land;

(E) comply with the terms and conditions of the easement and any related agreements; and

(F) permanently retire any existing base history for the land on which the easement has been obtained.
16 U.S.C. § 3865c(b)(4)(B)

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(B) authorize the implementation of a wetland reserve easement plan developed for the eligible land under subsection (f);
16 U.S.C. § 3865c(b)(5)(A)

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(A) A wetland reserve easement shall include terms and conditions that—

(i) permit—

(I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and

(II) owners to control public access on the easement areas while identifying access routes to be used for restoration activities and management and easement monitoring;

(ii) prohibit—

(I) the alteration of wildlife habitat and other natural features of such land, unless specifically authorized by the Secretary;

(II) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is authorized by the Secretary or is necessary—

(aa) to comply with Federal or State noxious weed control laws;

(bb) to comply with a Federal or State emergency pest treatment program; or

(cc) to meet habitat needs of specific wildlife species;

(III) any activities to be carried out on the owner’s or successor’s land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and

(IV) the adoption of any other practice that would tend to defeat the purposes of the program, as determined by the Secretary;

(iii) provide for the efficient and effective establishment of wetland functions and values; and

(iv) include such additional provisions as the Secretary determines are desirable to carry out the program or facilitate the practical administration thereof.
16 U.S.C. § 3865c(b)(5)(B)

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(B) On the violation of a term or condition of a wetland reserve easement, the wetland reserve easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under the program, with interest on the payments as determined appropriate by the Secretary.
16 U.S.C. § 3865c(b)(5)(C)(i)

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(i) Land subject to a wetland reserve easement may be used for compatible economic uses, including such activities as hunting and fishing, managed timber harvest, water management, or periodic haying or grazing, if such use is specifically permitted by the wetland reserve easement plan developed for the land under subsection (f) and is consistent with the long-term protection and enhancement of the wetland resources for which the easement was established.
16 U.S.C. § 3865c(b)(5)(C)(ii)(I)

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(I) request and consider the advice of the applicable State technical committee established under section 3861(a) of this title about the 1 or more types of uses that may be authorized to be conducted on land subject to a wetland reserve easement, including the frequency, timing, and intensity of those uses;
16 U.S.C. § 3865c(b)(5)(C)(ii)(III)

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(III) ensure that an authorized use furthers the functions and values for which the wetland reserve easement was established.
16 U.S.C. § 3865c(b)(5)(D)

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(D) The Secretary may include in the terms and conditions of a wetland reserve easement a provision under which the owner reserves grazing rights if—

(i) the Secretary determines that the reservation and use of the grazing rights—

(I) is compatible with the land subject to the easement;

(II) is consistent with the historical natural uses of the land and the long-term protection and enhancement goals for which the easement was established; and

(III) complies with the wetland reserve easement plan developed for the land under subsection (f) or a grazing management plan that is consistent with the wetland reserve easement plan and has been reviewed, and modified as necessary, at least every 5 years; and

(ii) the agreement provides for a commensurate reduction in the easement payment to account for the grazing value, as determined by the Secretary.
16 U.S.C. § 3865c(b)(5)(D)(i)(III)

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(III) complies with the wetland reserve easement plan developed for the land under subsection (f) or a grazing management plan that is consistent with the wetland reserve easement plan and has been reviewed, and modified as necessary, at least every 5 years; and
16 U.S.C. § 3865c(b)(6)(A)(i)

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(i) The Secretary shall pay as compensation for a permanent wetland reserve easement acquired under the program an amount necessary to encourage enrollment in the program, based on the lowest of—

(I) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practice or an areawide market analysis or survey;

(II) the amount corresponding to a geographical cap, as determined by the Secretary in regulations; or

(III) the offer made by the landowner.
16 U.S.C. § 3865c(b)(6)(A)(ii)

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(ii) Compensation for a 30-year contract or 30-year wetland reserve easement shall be not less than 50 percent, but not more than 75 percent, of the compensation that would be paid for a permanent wetland reserve easement.
16 U.S.C. § 3865c(b)(6)(B)

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(B) Compensation for a wetland reserve easement shall be provided by the Secretary in the form of a cash payment, in an amount determined under subparagraph (A).
16 U.S.C. § 3865c(b)(6)(C)(i)

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(i) For wetland reserve easements valued at $500,000 or less, the Secretary may provide payments in not more than 10 annual payments.
16 U.S.C. § 3865c(b)(6)(C)(ii)

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(ii) For wetland reserve easements valued at more than $500,000, the Secretary may provide payments in at least 5, but not more than 10 annual payments, except that, if the Secretary determines it would further the purposes of the program, the Secretary may make a lump-sum payment for such an easement.
16 U.S.C. § 3865c(c)(1)

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(1) The Secretary shall provide financial assistance to owners of eligible land to carry out the establishment of conservation measures and practices and protect wetland functions and values, including necessary maintenance activities, as set forth in a wetland reserve easement plan developed for the eligible land under subsection (f).
16 U.S.C. § 3865c(c)(2)(A)

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(A) in the case of a permanent wetland reserve easement, pay an amount that is not less than 75 percent, but not more than 100 percent, of the eligible costs, as determined by the Secretary; and
16 U.S.C. § 3865c(c)(2)(B)

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(B) in the case of a 30-year contract or 30-year wetland reserve easement, pay an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs, as determined by the Secretary.
16 U.S.C. § 3865c(d)(1)

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(1) The Secretary shall assist owners in complying with the terms and conditions of a wetland reserve easement.
16 U.S.C. § 3865c(d)(2)

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(2) The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian tribe to carry out necessary restoration, enhancement, or maintenance of a wetland reserve easement if the Secretary determines that the contract or agreement will advance the purposes of the program.
16 U.S.C. § 3865c(f)(1)(A)

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(A) The Secretary shall develop a wetland reserve easement plan—

(i) for any eligible land subject to a wetland reserve easement; and

(ii) that restores, protects, enhances, manages, maintains, and monitors the eligible land subject to the wetland reserve easements acquired under this section.
16 U.S.C. § 3865c(f)(1)(A)(i)

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(i) for any eligible land subject to a wetland reserve easement; and
16 U.S.C. § 3865c(f)(1)(A)(ii)

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(ii) that restores, protects, enhances, manages, maintains, and monitors the eligible land subject to the wetland reserve easements acquired under this section.
16 U.S.C. § 3865c(f)(1)(B)

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(B) A wetland reserve easement plan under subparagraph (A) shall include practices and activities, including repair or replacement, that are necessary to restore and maintain the enrolled land and the functions and values of the wetland subject to a wetland reserve easement.
16 U.S.C. § 3865c(f)(2)

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(2) The Secretary, in coordination with State technical committees established under section 3861(a) of this title and pursuant to State-specific criteria and guidelines, may authorize the establishment or restoration of a hydrologically appropriate native community or alternative naturalized vegetative community as part of a wetland reserve easement plan on land subject to a wetland reserve easement if that hydrologically appropriate native or alternative naturalized vegetative community shall—

(A) substantially support or benefit migratory waterfowl or other wetland wildlife; or

(B) meet local resource concerns or needs (including as an element of a regional, State, or local wildlife initiative or plan).
16 U.S.C. § 3865d(b)(2)

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(2) in the case of a wetland reserve easement, is a wetland or related area with the highest wetland functions and value and is likely to return to production after the land leaves the conservation reserve program.