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

# §3865d. Administration

- (a) **Ineligible land—** The [Secretary](/usc/16/3801.md?p=a-21) may not use [program](/usc/16/3865a.md?p=6) 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](/usc/16/450ss–1.md?p=4) for [Indian tribes](/usc/16/544.md?p=g);
  - (2) lands owned in fee title by a [State](/usc/16/3801.md?p=a-24), including an agency or a [subdivision](/usc/16/539m–1.md?p=15) of a [State](/usc/16/3801.md?p=a-24), or a [unit](/usc/16/430f–7.md?p=4) of local government;
  - (3) land subject to an easement or deed restriction which, as determined by the [Secretary](/usc/16/3801.md?p=a-21), provides similar protection as would be provided by enrollment in the [program](/usc/16/3865a.md?p=6); or
  - (4) lands where the purposes of the [program](/usc/16/3865a.md?p=6) 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.
- (b) **Priority—** In evaluating applications under the [program](/usc/16/3865a.md?p=6), the [Secretary](/usc/16/3801.md?p=a-21) may give priority to land that is currently enrolled in the conservation reserve [program](/usc/16/3865a.md?p=6) in a contract that is set to expire within 1 year and—
  - (1) in the case of an [agricultural land easement](/usc/16/3865a.md?p=1), is grassland that would benefit from protection under a long-term easement; and
  - (2) in the case of a [wetland reserve easement](/usc/16/3865a.md?p=7), is a [wetland](/usc/16/3801.md?p=a-27) or related [area](/usc/16/539m–1.md?p=1-A) with the highest [wetland](/usc/16/3801.md?p=a-27) functions and value and is likely to return to production after the land leaves the conservation reserve [program](/usc/16/3865a.md?p=6).
- (c) **Subordination, exchange, modification, and termination—**
  - (1) **Subordination—** The [Secretary](/usc/16/3801.md?p=a-21) may subordinate any interest in land, or portion of such interest, administered by the [Secretary](/usc/16/3801.md?p=a-21) (including for the purposes of utilities and energy transmission services) either directly or on behalf of the Commodity Credit Corporation under the [program](/usc/16/3865a.md?p=6) if the [Secretary](/usc/16/3801.md?p=a-21) 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](/usc/16/3865a.md?p=6).
  - (2) **Modification and exchange—**
    - (A) **Authority—** The [Secretary](/usc/16/3801.md?p=a-21) may approve a modification or exchange of any interest in land, or portion of such interest, administered by the [Secretary](/usc/16/3801.md?p=a-21), either directly or on behalf of the Commodity Credit Corporation under the [program](/usc/16/3865a.md?p=6) if the [Secretary](/usc/16/3801.md?p=a-21) 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](/usc/16/3865a.md?p=6); and
        - (V) is in the public interest or furthers the practical administration of the [program](/usc/16/3865a.md?p=6).
    - (B) **Limitation—** In modifying or exchanging an interest in land, or portion of such interest, under this paragraph, the [Secretary](/usc/16/3801.md?p=a-21) may not increase any payment to an [eligible entity](/usc/16/3865a.md?p=3).
  - (3) **Termination—** The [Secretary](/usc/16/3801.md?p=a-21) may approve a termination of any interest in land, or portion of such interest, administered by the [Secretary](/usc/16/3801.md?p=a-21), directly or on behalf of the Commodity Credit Corporation under the [program](/usc/16/3865a.md?p=6) if the [Secretary](/usc/16/3801.md?p=a-21) 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](/usc/16/3801.md?p=a-21); 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](/usc/16/3865a.md?p=6).
  - (4) **Consent—** The [Secretary](/usc/16/3801.md?p=a-21) shall obtain consent from the landowner and [eligible entity](/usc/16/3865a.md?p=3), if applicable, for any subordination, exchange, modification, or termination of interest in land, or portion of such interest, under this subsection.
  - (5) **Notice—** At least 90 days before [taking](/usc/16/3102.md?p=18) any termination action described in [paragraph (3)](#c-3), the [Secretary](/usc/16/3801.md?p=a-21) shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
- (d) **Land enrolled in other programs—**
  - (1) **Conservation reserve program—** The [Secretary](/usc/16/3801.md?p=a-21) may terminate or modify a contract entered into under [section 3831(a) of this title](/usc/16/3831.md?p=a) if [eligible land](/usc/16/3865a.md?p=4) that is subject to such contract is enrolled in an easement under [section 3865c(b) of this title](/usc/16/3865c.md?p=b).
  - (2) **Other—** In accordance with the provisions of subtitle H of title II of the Agricultural Act of 2014, land enrolled in the [wetlands](/usc/16/3801.md?p=a-27) reserve [program](/usc/16/3865a.md?p=6), grassland reserve [program](/usc/16/3865a.md?p=6), or farmland protection [program](/usc/16/3865a.md?p=6) on the day before February 7, 2014, shall be considered enrolled in the [program](/usc/16/3865a.md?p=6).
  - (3) **Agricultural land easements—** A farmer or rancher who owns [eligible land](/usc/16/3865a.md?p=4) subject to an [agricultural land easement](/usc/16/3865a.md?p=1) may enter into a contract under subpart B of part I of subchapter IV.
- (e) **Compliance with certain requirements—** The [Secretary](/usc/16/3801.md?p=a-21) may not provide assistance under this subchapter to an [eligible entity](/usc/16/3865a.md?p=3) or [owner](/usc/16/429b–3.md?p=4) of [eligible land](/usc/16/3865a.md?p=4) unless the [eligible entity](/usc/16/3865a.md?p=3) or [owner](/usc/16/429b–3.md?p=4) 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](/usc/16/3801.md?p=a-27) protection requirements under subchapter III.

## Source credit

(Pub. L. 99–198, title XII, § 1265D, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 742; amended Pub. L. 115–334, title II, § 2605, Dec. 20, 2018, 132 Stat. 4591.)

## Notes

### Editorial Notes

### References in Text

The Agricultural Act of 2014, referred to in subsec. (d)(2), is Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 649. Subtitle H (§§ 2701–2713) of title II of the Act amended sections 3801, 3811, and 3842 of this title, repealed sections 3830, 3831a, 3837 to 3837f, 3838h to 3838j, 3838n to 3838q, 3839 to 3839d, 3839aa–9, 3839bb–1, 3839bb–3, and 3839bb–4 of this title, and enacted provisions set out as notes under sections 3801, 3831a, 3837, 3838h, 3838n, 3839aa–9, 3839bb–1, 3839bb–4, and 3843 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9001 of Title 7, Agriculture, and Tables.

### Amendments

2018—Subsec. (a)(4). Pub. L. 115–334, § 2605(1), substituted “permitted” for “proposed”.

Subsec. (c). Pub. L. 115–334, § 2605(2), added subsec. (c) and struck out former subsec. (c) which allowed the Secretary to subordinate, exchange, modify, or terminate interests in land subject to certain determination, consultation, and notice requirements.

Subsec. (d)(1). Pub. L. 115–334, § 2605(3)(A), substituted “enrolled in an easement under section 3865c(b) of this title” for “transferred into the program”.

Subsec. (d)(3). Pub. L. 115–334, § 2605(3)(B), added par. (3).