---
kind: "section"
citation: "16 U.S.C. § 3865c"
title: "16"
title_heading: "Conservation"
number: "3865c"
heading: "Wetland reserve easements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3865c"
units:
  - "Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program"
  - "Subchapter VII — Agricultural Conservation Easement Program"
---

# §3865c. Wetland reserve easements

- (a) **Availability of assistance—** The [Secretary](/usc/16/3801.md?p=a-21) shall provide assistance to [owners](/usc/16/429b–3.md?p=4) of [eligible land](/usc/16/3865a.md?p=4) to restore, protect, and enhance [wetlands](/usc/16/3801.md?p=a-27) through—
  - (1) [wetland reserve easements](/usc/16/3865a.md?p=7) and related [wetland reserve easement](/usc/16/3865a.md?p=7) plans; and
  - (2) [technical assistance](/usc/16/3801.md?p=a-25).
- (b) **Easements—**
  - (1) **Method of enrollment—** The [Secretary](/usc/16/3801.md?p=a-21) shall enroll [eligible land](/usc/16/3865a.md?p=4) under this section through the use of—
    - (A) 30-year easements;
    - (B) permanent easements;
    - (C) easements for the maximum duration allowed under applicable [State](/usc/16/3801.md?p=a-24) laws; or
    - (D) as an option for [Indian tribes](/usc/16/544.md?p=g) only, 30-year contracts.
  - (2) **Limitations—**
    - (A) **Ineligible land—** The [Secretary](/usc/16/3801.md?p=a-21) may not [acquire](/usc/16/620e.md?p=1) easements on—
      - (i) land established to trees under the conservation reserve [program](/usc/16/3865a.md?p=6), except in cases where the [Secretary](/usc/16/3801.md?p=a-21) determines it would further the purposes of this section; and
      - (ii) farmed [wetlands](/usc/16/3801.md?p=a-27) or [converted wetlands](/usc/16/3801.md?p=a-7-A) where the conversion was not commenced prior to December 23, 1985.
    - (B) **Changes in ownership—** No [wetland reserve easement](/usc/16/3865a.md?p=7) 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](/usc/16/429b–3.md?p=4);
      - (ii)
        - (I) the ownership change occurred because of foreclosure on the land; and
        - (II) immediately before the foreclosure, the [owner](/usc/16/429b–3.md?p=4) of the land exercises a right of redemption from the mortgage holder in accordance with [State](/usc/16/3801.md?p=a-24) law; or
      - (iii) the [Secretary](/usc/16/3801.md?p=a-21) 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](/usc/16/3865a.md?p=6).
  - (3) **Evaluation and ranking of offers—**
    - (A) **Criteria—** The [Secretary](/usc/16/3801.md?p=a-21) shall establish evaluation and ranking criteria for offers from landowners under this section to maximize the benefit of Federal investment under the [program](/usc/16/3865a.md?p=6).
    - (B) **Considerations—** When evaluating offers from landowners, the [Secretary](/usc/16/3801.md?p=a-21) may consider—
      - (i) the conservation benefits of obtaining a [wetland reserve easement](/usc/16/3865a.md?p=7), including the potential environmental benefits if the land was removed from agricultural production;
      - (ii) the cost effectiveness of each [wetland reserve easement](/usc/16/3865a.md?p=7), so as to maximize the environmental benefits per dollar expended;
      - (iii) whether the landowner or another [person](/usc/16/3801.md?p=a-19) is offering to contribute financially to the cost of the [wetland reserve easement](/usc/16/3865a.md?p=7) to leverage Federal funds; and
      - (iv) such other factors as the [Secretary](/usc/16/3801.md?p=a-21) determines are necessary to carry out the purposes of the [program](/usc/16/3865a.md?p=6).
    - (C) **Priority—** The [Secretary](/usc/16/3801.md?p=a-21) shall give priority to acquiring [wetland reserve easements](/usc/16/3865a.md?p=7) based on the value of the [wetland reserve easement](/usc/16/3865a.md?p=7) for protecting and enhancing habitat for migratory birds and other wildlife or improving water quality.
  - (4) **Agreement—** To be eligible to place [eligible land](/usc/16/3865a.md?p=4) into the [program](/usc/16/3865a.md?p=6) through a [wetland reserve easement](/usc/16/3865a.md?p=7), the [owner](/usc/16/429b–3.md?p=4) of such land shall enter into an agreement with the [Secretary](/usc/16/3801.md?p=a-21) to—
    - (A) grant an easement on such land to the [Secretary](/usc/16/3801.md?p=a-21);
    - (B) authorize the implementation of a [wetland reserve easement](/usc/16/3865a.md?p=7) plan developed for the [eligible land](/usc/16/3865a.md?p=4) under [subsection (f)](#f);
    - (C) create and record an appropriate deed restriction in accordance with applicable [State](/usc/16/3801.md?p=a-24) 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.
  - (5) **Terms and conditions of easement—**
    - (A) **In general—** A [wetland reserve easement](/usc/16/3865a.md?p=7) 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](/usc/16/429b–3.md?p=4) to control public access on the easement [areas](/usc/16/539m–1.md?p=1-A) 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](/usc/16/3801.md?p=a-21);
        - (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](/usc/16/3801.md?p=a-21) or is necessary—
          - (aa) to comply with Federal or [State](/usc/16/3801.md?p=a-24) noxious weed control laws;
          - (bb) to comply with a Federal or [State](/usc/16/3801.md?p=a-24) emergency pest treatment [program](/usc/16/3865a.md?p=6); or
          - (cc) to meet habitat needs of specific wildlife species;
        - (III) any activities to be carried out on the [owner](/usc/16/429b–3.md?p=4)’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](/usc/16/3865a.md?p=4); and
        - (IV) the adoption of any other practice that would tend to defeat the purposes of the [program](/usc/16/3865a.md?p=6), as determined by the [Secretary](/usc/16/3801.md?p=a-21);
      - (iii) provide for the efficient and effective establishment of [wetland](/usc/16/3801.md?p=a-27) functions and values; and
      - (iv) include such additional provisions as the [Secretary](/usc/16/3801.md?p=a-21) determines are desirable to carry out the [program](/usc/16/3865a.md?p=6) or facilitate the practical administration thereof.
    - (B) **Violation—** On the [violation](/usc/16/620e.md?p=11) of a term or condition of a [wetland reserve easement](/usc/16/3865a.md?p=7), the [wetland reserve easement](/usc/16/3865a.md?p=7) shall remain in force and the [Secretary](/usc/16/3801.md?p=a-21) may require the [owner](/usc/16/429b–3.md?p=4) to refund all or part of any payments received by the [owner](/usc/16/429b–3.md?p=4) under the [program](/usc/16/3865a.md?p=6), with interest on the payments as determined appropriate by the [Secretary](/usc/16/3801.md?p=a-21).
    - (C) **Compatible uses—**
      - (i) **In general—** Land subject to a [wetland reserve easement](/usc/16/3865a.md?p=7) 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](/usc/16/3865a.md?p=7) plan developed for the land under [subsection (f)](#f) and is consistent with the long-term protection and enhancement of the [wetland](/usc/16/3801.md?p=a-27) resources for which the easement was established.
      - (ii) **Compatible use authorization—** In evaluating and authorizing a compatible economic use under [clause (i)](#b-5-C-i), the [Secretary](/usc/16/3801.md?p=a-21) shall—
        - (I) request and consider the advice of 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) about the 1 or more types of uses that may be authorized to be conducted on land subject to a [wetland reserve easement](/usc/16/3865a.md?p=7), including the frequency, timing, and intensity of those uses;
        - (II) consider the ability of an authorized use to facilitate the practical administration and management of that land; and
        - (III) ensure that an authorized use furthers the functions and values for which the [wetland reserve easement](/usc/16/3865a.md?p=7) was established.
    - (D) **Reservation of grazing rights—** The [Secretary](/usc/16/3801.md?p=a-21) may include in the terms and conditions of a [wetland reserve easement](/usc/16/3865a.md?p=7) a provision under which the [owner](/usc/16/429b–3.md?p=4) reserves grazing rights if—
      - (i) the [Secretary](/usc/16/3801.md?p=a-21) 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](/usc/16/3865a.md?p=7) plan developed for the land under [subsection (f)](#f) or a grazing [management plan](/usc/16/544.md?p=k) that is consistent with the [wetland reserve easement](/usc/16/3865a.md?p=7) 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](/usc/16/3801.md?p=a-21).
  - (6) **Compensation—**
    - (A) **Determination—**
      - (i) **Permanent easements—** The [Secretary](/usc/16/3801.md?p=a-21) shall pay as compensation for a permanent [wetland reserve easement](/usc/16/3865a.md?p=7) acquired under the [program](/usc/16/3865a.md?p=6) an amount necessary to encourage enrollment in the [program](/usc/16/3865a.md?p=6), based on the lowest of—
        - (I) the fair market value of the land, as determined by the [Secretary](/usc/16/3801.md?p=a-21), 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](/usc/16/3801.md?p=a-21) in regulations; or
        - (III) the offer made by the landowner.
      - (ii) **Other—** Compensation for a 30-year contract or 30-year [wetland reserve easement](/usc/16/3865a.md?p=7) 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](/usc/16/3865a.md?p=7).
    - (B) **Form of payment—** Compensation for a [wetland reserve easement](/usc/16/3865a.md?p=7) shall be provided by the [Secretary](/usc/16/3801.md?p=a-21) in the form of a cash payment, in an amount determined under [subparagraph (A)](#b-6-A).
    - (C) **Payment schedule—**
      - (i) **Easements valued at $500,000 or less—** For [wetland reserve easements](/usc/16/3865a.md?p=7) valued at $500,000 or less, the [Secretary](/usc/16/3801.md?p=a-21) may provide payments in not more than 10 annual payments.
      - (ii) **Easements valued at more than $500,000—** For [wetland reserve easements](/usc/16/3865a.md?p=7) valued at more than $500,000, the [Secretary](/usc/16/3801.md?p=a-21) may provide payments in at least 5, but not more than 10 annual payments, except that, if the [Secretary](/usc/16/3801.md?p=a-21) determines it would further the purposes of the [program](/usc/16/3865a.md?p=6), the [Secretary](/usc/16/3801.md?p=a-21) may make a lump-sum payment for such an easement.
- (c) **Easement restoration—**
  - (1) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall provide financial assistance to [owners](/usc/16/429b–3.md?p=4) of [eligible land](/usc/16/3865a.md?p=4) to carry out the establishment of conservation measures and practices and protect [wetland](/usc/16/3801.md?p=a-27) functions and values, including necessary maintenance activities, as set forth in a [wetland reserve easement](/usc/16/3865a.md?p=7) plan developed for the [eligible land](/usc/16/3865a.md?p=4) under [subsection (f)](#f).
  - (2) **Payments—** The [Secretary](/usc/16/3801.md?p=a-21) shall—
    - (A) in the case of a permanent [wetland reserve easement](/usc/16/3865a.md?p=7), 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](/usc/16/3801.md?p=a-21); and
    - (B) in the case of a 30-year contract or 30-year [wetland reserve easement](/usc/16/3865a.md?p=7), 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](/usc/16/3801.md?p=a-21).
- (d) **Technical assistance—**
  - (1) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall assist [owners](/usc/16/429b–3.md?p=4) in complying with the terms and conditions of a [wetland reserve easement](/usc/16/3865a.md?p=7).
  - (2) **Contracts or agreements—** The [Secretary](/usc/16/3801.md?p=a-21) may enter into 1 or more contracts with private entities or agreements with a [State](/usc/16/3801.md?p=a-24), nongovernmental organization, or [Indian tribe](/usc/16/3801.md?p=a-14) to carry out necessary restoration, enhancement, or maintenance of a [wetland reserve easement](/usc/16/3865a.md?p=7) if the [Secretary](/usc/16/3801.md?p=a-21) determines that the contract or agreement will advance the purposes of the [program](/usc/16/3865a.md?p=6).
- (e) **Wetland reserve enhancement option—** The [Secretary](/usc/16/3801.md?p=a-21) may enter into 1 or more agreements with a [State](/usc/16/3801.md?p=a-24) (including a political [subdivision](/usc/16/539m–1.md?p=15) or agency of a [State](/usc/16/3801.md?p=a-24)), nongovernmental organization, or [Indian tribe](/usc/16/3801.md?p=a-14) to carry out a special [wetland](/usc/16/3801.md?p=a-27) reserve enhancement option that the [Secretary](/usc/16/3801.md?p=a-21) determines would advance the purposes of [program](/usc/16/3865a.md?p=6).
- (f) **Administration—**
  - (1) **Wetland reserve easement plan—**
    - (A) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall develop a [wetland reserve easement](/usc/16/3865a.md?p=7) plan—
      - (i) for any [eligible land](/usc/16/3865a.md?p=4) subject to a [wetland reserve easement](/usc/16/3865a.md?p=7); and
      - (ii) that restores, protects, enhances, manages, maintains, and monitors the [eligible land](/usc/16/3865a.md?p=4) subject to the [wetland reserve easements](/usc/16/3865a.md?p=7) acquired under this section.
    - (B) **Practices and activities—** A [wetland reserve easement](/usc/16/3865a.md?p=7) plan under [subparagraph (A)](#f-1-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](/usc/16/3801.md?p=a-27) subject to a [wetland reserve easement](/usc/16/3865a.md?p=7).
  - (2) **Alternative plant communities—** The [Secretary](/usc/16/3801.md?p=a-21), in coordination with [State](/usc/16/3801.md?p=a-24) technical committees established under [section 3861(a) of this title](/usc/16/3861.md?p=a) and pursuant to [State](/usc/16/3801.md?p=a-24)-specific criteria and guidelines, may authorize the establishment or restoration of a hydrologically appropriate [native](/usc/16/3102.md?p=16) community or alternative naturalized vegetative community as part of a [wetland reserve easement](/usc/16/3865a.md?p=7) plan on land subject to a [wetland reserve easement](/usc/16/3865a.md?p=7) if that hydrologically appropriate [native](/usc/16/3102.md?p=16) or alternative naturalized vegetative community shall—
    - (A) substantially support or benefit migratory waterfowl or other [wetland](/usc/16/3801.md?p=a-27) wildlife; or
    - (B) meet local resource concerns or needs (including as an element of a regional, [State](/usc/16/3801.md?p=a-24), or local wildlife initiative or plan).
  - (3) **Delegation of easement administration—**
    - (A) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) may delegate any of the management, monitoring, and enforcement responsibilities of the [Secretary](/usc/16/3801.md?p=a-21) under this section to other Federal or [State](/usc/16/3801.md?p=a-24) agencies that have the appropriate authority, expertise, and resources necessary to carry out such delegated responsibilities, or to conservation organizations if the [Secretary](/usc/16/3801.md?p=a-21) determines the organization has similar expertise and resources.
    - (B) **Limitation—** The [Secretary](/usc/16/3801.md?p=a-21) shall not delegate any of the monitoring or enforcement responsibilities under this section to conservation organizations.
  - (4) **Payments—**
    - (A) **Timing of payments—** The [Secretary](/usc/16/3801.md?p=a-21) shall provide payment for obligations incurred by the [Secretary](/usc/16/3801.md?p=a-21) under this section—
      - (i) with respect to any easement restoration obligation under [subsection (c)](#c), as soon as possible after the obligation is incurred; and
      - (ii) with respect to any annual easement payment obligation incurred by the [Secretary](/usc/16/3801.md?p=a-21), as soon as possible after October 1 of each calendar year.
    - (B) **Payments to others—** If an [owner](/usc/16/429b–3.md?p=4) who is entitled to a payment under this section dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another [person](/usc/16/3801.md?p=a-19) or entity who renders or completes the required performance, the [Secretary](/usc/16/3801.md?p=a-21) shall make such payment, in accordance with regulations prescribed by the [Secretary](/usc/16/3801.md?p=a-21) and without regard to any other provision of law, in such manner as the [Secretary](/usc/16/3801.md?p=a-21) determines is fair and reasonable in light of all of the circumstances.
- (g) **Application—** The relevant provisions of this section shall also apply to a 30-year contract.

## Source credit

(Pub. L. 99–198, title XII, § 1265C, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 737; amended Pub. L. 115–334, title II, § 2604, Dec. 20, 2018, 132 Stat. 4589.)

## Notes

### Editorial Notes

### Amendments

2018—Subsec. (b)(3)(C). Pub. L. 115–334, § 2604(1)(A), inserted “or improving water quality” before period at end.

Subsec. (b)(5)(C). Pub. L. 115–334, § 2604(1)(B)(i), designated existing provisions as cl. (i), inserted heading, inserted “water management,” after “managed timber harvest,”, and added cl. (ii).

Subsec. (b)(5)(D)(i)(III). Pub. L. 115–334, § 2604(1)(B)(ii), inserted “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” after “under subsection (f)”.

Subsec. (f)(1). Pub. L. 115–334, § 2604(2)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Secretary shall develop a wetland reserve easement plan for any eligible land subject to a wetland reserve easement, which shall include practices and activities necessary to restore, protect, enhance, and maintain the enrolled land.”

Subsec. (f)(2) to (4). Pub. L. 115–334, § 2604(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.