§ 3801. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3801]
TITLE 16--CONSERVATION
CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
SUBCHAPTER I--DEFINITIONS
Sec. 3801. Definitions
(a) For purposes of subchapters I through V of this chapter:
(1) The term ``agricultural commodity'' means--
(A) any agricultural commodity planted and produced in a
State by annual tilling of the soil, including tilling by one-
trip planters; or
(B) sugarcane planted and produced in a State.
(2) Conservation plan.--The term ``conservation plan'' means the
document that--
(A) applies to highly erodible cropland;
(B) describes the conservation system applicable to the
highly erodible cropland and describes the decisions of the
person with respect to location, land use, tillage systems, and
conservation treatment measures and schedule; and
(C) is approved by the local soil conservation district, in
consultation with the local committees established under section
590h(b)(5) of this title and the Secretary, or by the Secretary.
(3) Conservation system.--The term ``conservation system'' means
a combination of 1 or more conservation measures or management
practices that--
(A) are based on local resource conditions, available
conservation technology, and the standards and guidelines
contained in the Natural Resources Conservation Service field
office technical guides; and
(B) are designed to achieve, in a cost effective and
technically practicable manner, a substantial reduction in soil
erosion or a substantial improvement in soil conditions on a
field or group of fields containing highly erodible cropland
when compared to the level of erosion or soil conditions that
existed before the application of the conservation measures and
management practices.
(4) The term ``conservation district'' means any district or
unit of State or local government formed under State or territorial
law for the express purpose of developing and carrying out a local
soil and water conservation program. Such district or unit of
government may be referred to as a ``conservation district'', ``soil
conservation district'', ``soil and water conservation district'',
``resource conservation district'', ``natural resource district'',
``land conservation committee'', or a similar name.
(5) The term ``cost sharing payment'' means a payment made by
the Secretary to an owner or operator of a farm or ranch containing
highly erodible cropland under the provisions of section 3834(b) of
this title.
(6)(A) The term ``converted wetland'' means wetland that has
been drained, dredged, filled, leveled, or otherwise manipulated
(including any activity that results in impairing or reducing the
flow, circulation, or reach of water) for the purpose or to have the
effect of making the production of an agricultural commodity
possible if--
(i) such production would not have been possible but for
such action; and
(ii) before such action--
(I) such land was wetland; and
(II) such land was neither highly erodible land nor
highly erodible cropland.
(B) Wetland shall not be considered converted wetland if
production of an agricultural commodity on such land during a crop
year--
(i) is possible as a result of a natural condition, such as
drought; and
(ii) is not assisted by an action of the producer that
destroys natural wetland characteristics.
(7) Field.--The term ``field'' means a part of a farm that is
separated from the balance of the farm by permanent boundaries such
as fences, roads, permanent waterways, or other similar features. At
the option of the owner or operator of the farm, croplines may also
be used to delineate a field if farming practices make it probable
that the croplines are not subject to change. Any highly erodible
land on which an agricultural commodity is produced after December
23, 1985, and that is not exempt under section 3812 of this title,
shall be considered as part of the field in which the land was
included on December 23, 1985, unless the owner and Secretary agree
to modification of the boundaries of the field to carry out this
chapter.
(8) The term ``highly erodible cropland'' means highly erodible
land that is in cropland use, as determined by the Secretary.
(9)(A) The term ``highly erodible land'' means land--
(i) that is classified by the Soil Conservation Service as
class IV, VI, VII, or VIII land under the land capability
classification system in effect on December 23, 1985; or
(ii) that has, or that if used to produce an agricultural
commodity, would have an excessive average annual rate of
erosion in relation to the soil loss tolerance level, as
established by the Secretary, and as determined by the Secretary
through application of factors from the universal soil loss
equation and the wind erosion equation, including factors for
climate, soil erodibility, and field slope.
(B) For purposes of this paragraph, the land capability class or
rate of erosion for a field shall be that determined by the
Secretary to be the predominant class or rate of erosion under
regulations issued by the Secretary.
(C) Equations.--Not later than 60 days after the date of
enactment of this subparagraph, the Secretary shall publish in the
Federal Register the universal soil loss equation and wind erosion
equation used by the Department of Agriculture as of that date. The
Secretary may not change the equations after that date except
following notice and comment in a manner consistent with section 553
of title 5.
(10) The term ``hydric soil'' means soil that, in its undrained
condition, is saturated, flooded, or ponded long enough during a
growing season to develop an anaerobic condition that supports the
growth and regeneration of hydrophytic vegetation.
(11) The term ``hydrophytic vegetation'' means a plant growing
in--
(A) water; or
(B) a substrate that is at least periodically deficient in
oxygen during a growing season as a result of excessive water
content.
(12) The term ``in-kind commodities'' means commodities that are
normally produced on land that is the subject of an agreement
entered into under subchapter IV of this chapter.
(13) The term ``rental payment'' means a payment made by the
Secretary to an owner or operator of a farm or ranch containing
highly erodible cropland to compensate the owner or operator for
retiring such land from crop production and placing such land in the
conservation reserve in accordance with subchapter IV of this
chapter.
(14) The term ``Secretary'' means the Secretary of Agriculture.
(15) The term ``shelterbelt'' means a vegetative barrier with a
linear configuration composed of trees, shrubs, and other approved
perennial vegetation.
(16) The term ``State'' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the
Virgin Islands of the United States, American Samoa, the
Commonwealth of the Northern Mariana Islands, or the Trust Territory
of the Pacific Islands.
(17) The term ``vegetative cover'' means--
(A) perennial grasses, legumes, forbs, or shrubs with an
expected life span of 5 or more years; or
(B) trees.
(18) The term ``wetland'', except when such term is part of the
term ``converted wetland'', means land that--
(A) has a predominance of hydric soils;
(B) is inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support a prevalence of
hydrophytic vegetation typically adapted for life in saturated
soil conditions; and
(C) under normal circumstances does support a prevalence of
such vegetation.
For purposes of this Act, and any other Act, this term shall not
include lands in Alaska identified as having high potential for
agricultural development which have a predominance of permafrost
soils.
(b) The Secretary shall develop--
(1) criteria for the identification of hydric soils and
hydrophytic vegetation; and
(2) lists of such soils and such vegetation.
(Pub. L. 99-198, title XII, Sec. 1201, Dec. 23, 1985, 99 Stat. 1504;
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 714; Pub. L. 101-624,
title XIV, Sec. 1421(a), Nov. 28, 1990, 104 Stat. 3572; Pub. L. 104-127,
title III, Sec. 301(a)-(c), Apr. 4, 1996, 110 Stat. 980, 981.)
References in Text
This chapter, referred to in subsec. (a)(7), was in the original
``this title'', meaning title XII of Pub. L. 99-198, which enacted this
chapter and section 2005a of this title and amended sections 590g, 2004,
2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7,
Agriculture, and provisions set out as a note under section 1981 of
Title 7.
The date of enactment of this subparagraph, referred to in subsec.
(a)(9)(C), is the date of enactment of Pub. L. 104-127, which was
approved Apr. 4, 1996.
Amendments
1996--Subsec. (a)(2) to (6). Pub. L. 104-127, Sec. 301(a), added
pars. (2) and (3) and redesignated former pars. (2) to (4) as (4) to
(6), respectively. Former pars. (5) and (6) redesignated (7) and (8),
respectively.
Subsec. (a)(7). Pub. L. 104-127, Sec. 301(b), added par. (7) and
struck out former par. (7) which read as follows: ``The term `field'
means such term as is defined in section 718.2(b)(9) of title 7 of the
Code of Federal Regulations (as of January 1, 1985), except that any
highly erodible land on which an agricultural commodity is produced
after December 23, 1985, and that is not exempt under section 3812 of
this title shall be considered as part of the field in which such land
was included on December 23, 1985, unless the Secretary permits
modification of the boundaries of the field to carry out subchapters I
through V of this chapter.''
Pub. L. 104-127, Sec. 301(a)(1), redesignated par. (5) as (7).
Former par. (7) redesignated (9).
Subsec. (a)(8). Pub. L. 104-127, Sec. 301(a)(1), redesignated par.
(6) as (8). Former par. (8) redesignated (10).
Subsec. (a)(9). Pub. L. 104-127, Sec. 301(a)(1), redesignated par.
(7) as (9). Former par. (9) redesignated (11).
Subsec. (a)(9)(C). Pub. L. 104-127, Sec. 301(c), added subpar. (C).
Subsec. (a)(10) to (18). Pub. L. 104-127, Sec. 301(a)(1),
redesignated pars. (8) to (16) as (10) to (18), respectively.
1990--Subsec. (a)(16). Pub. L. 101-624 substituted introductory
provisions and subpars. (A) to (C) for ``The term `wetland', except when
such term is part of the term `converted wetland', means land that has a
predominance of hydric soils and that is inundated or saturated by
surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances does support, a prevalence
of hydrophytic vegetation typically adapted for life in saturated soil
conditions.''
1986--Subsec. (a)(16). Pub. L. 99-349 inserted provision that for
purposes of this Act, and any other Act, the term ``wetland'' shall not
include lands in Alaska identified as having high potential for
agricultural development which have a predominance of permafrost soils.
Short Title of 2000 Amendment
Pub. L. 106-387, Sec. 1(a) [title XI, Sec. 1101], Oct. 28, 2000, 114
Stat. 1549, 1549A-75, provided that: ``This title [amending sections
3831 and 3832 of this title and enacting provisions set out as notes
under section 3831 of this title] may be cited as the `Conservation of
Farmable Wetland Act of 2000'.''
Short Title of 1990 Amendment
Section 1401 of title XIV of Pub. L. 101-624 provided that: ``This
title [enacting sections 1003a, 1010, 3824, 3830, 3835a, 3837 to 3837f,
3838 to 3838f, 3839 to 3839d, 3846, 3847, 3861, and 3862 of this title
and sections 136i-1, 2814, 3130, 5401 to 5403, 5501 to 5506 and 5822 of
Title 7, Agriculture, amending this section, sections 590p, 1002, 1003,
3459, 3461, 3811, 3812, 3821 to 3823, 3831, 3832, 3834, 3835, 3836,
3843, and 3845 of this title, and sections 136a, 136a-1, 136d, 136w-3,
450i, and 4202 of Title 7, and enacting provisions set out as notes
under this section and sections 2101 and 3831 of this title and sections
136a and 4201 of Title 7] may be cited as the `Conservation Program
Improvements Act'.''
Short Title
Title XII of Pub. L. 99-198, which is classified principally to this
chapter, is popularly known as the ``Sodbuster Law''.
Regulations
Pub. L. 107-171, title II, Sec. 2702, May 13, 2002, 116 Stat. 279,
provided that:
``(a) In General.--Except as otherwise provided in this title [see
Tables for classification] or an amendment made by this title, not later
than 90 days after the date of enactment of this Act [May 13, 2002], the
Secretary of Agriculture, in consultation with the Commodity Credit
Corporation, shall promulgate such regulations as are necessary to
implement this title.
``(b) Applicable Authority.--The promulgation of regulations under
subsection (a) and administration of this title--
``(1) shall--
``(A) be carried out without regard to chapter 35 of title
44, United States Code (commonly known as the Paperwork
Reduction Act); and
``(B) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg. 13804)
relating to notices of proposed rulemaking and public
participation in rulemaking; and
``(2) may--
``(A) be promulgated with an opportunity for notice and
comment; or
``(B) if determined to be appropriate by the Secretary of
Agriculture or the Commodity Credit Corporation, as an interim
rule effective on publication with an opportunity for notice and
comment.
``(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808(2) of title 5, United States Code.''
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Reform and Assessment of Conservation Programs
Pub. L. 107-171, title II, Sec. 2005, May 13, 2002, 116 Stat. 237,
provided that:
``(a) In General.--The Secretary of Agriculture shall develop a plan
to coordinate land retirement and agricultural working land conservation
programs that are administered by the Secretary to achieve the goals
of--
``(1) eliminating redundancy;
``(2) streamlining program delivery; and
``(3) improving services provided to agricultural producers
(including the reevaluation of the provision of technical
assistance).
``(b) Report.--Not later than December 31, 2005, the Secretary of
Agriculture 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 that describes--
``(1) the plan developed under subsection (a); and
``(2) the means by which the Secretary intends to achieve the
goals described in subsection (a).''
Conservation Corridor Demonstration Program
Pub. L. 107-171, title II, subtitle G, May 13, 2002, 116 Stat. 275,
provided that:
``SEC. 2601. DEFINITIONS.
``In this subtitle:
``(1) Delmarva peninsula.--The term `Delmarva Peninsula' means
land in the States of Delaware, Maryland, and Virginia located on
the east side of the Chesapeake Bay.
``(2) Demonstration program.--The term `demonstration program'
means the Conservation Corridor Demonstration Program established
under this subtitle.
``(3) Conservation corridor plan; plan.--The terms `conservation
corridor plan' and `plan' mean a conservation corridor plan required
to be submitted and approved as a condition for participation in the
demonstration program.
``(4) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``SEC. 2602. CONSERVATION CORRIDOR DEMONSTRATION PROGRAM.
``(a) Establishment.--The Secretary shall carry out a demonstration
program, to be known as the `Conservation Corridor Demonstration
Program', under which any of the States of Delaware, Maryland, and
Virginia, a local government of any 1 of those States with jurisdiction
over land on the Delmarva Peninsula, or a combination of those States,
may submit a conservation corridor plan to integrate agriculture and
forestry conservation programs of the Department of Agriculture with
State and local efforts to address farm conservation needs.
``(b) Submission of Conservation Corridor Plan.--
``(1) Submission and proposal.--To be eligible to participate in
the demonstration program, a State, local government, or combination
of States referred to in subsection (a) shall--
``(A) submit to the Secretary a conservation corridor plan
that--
``(i) proposes specific criteria and commitment of
resources in the geographic region designated in the plan;
and
``(ii) describes how the linkage of Federal, State, and
local resources will improve--
``(I) the economic viability of agriculture; and
``(II) the environmental integrity of the watersheds in the
Delmarva Peninsula; and
``(B) demonstrate to the Secretary that, in developing the
plan, the State, local government, or combination of States has
solicited and taken into account the views of local residents.
``(2) Draft memorandum of agreement.--If the conservation
corridor plan is submitted by more than 1 State, the plan shall
provide a draft memorandum of agreement among entities in each
submitting State.
``(c) Review of Plan.--Not later than 90 days after the date of
receipt of a conservation corridor plan, the Secretary--
``(1) shall review the plan; and
``(2) may approve the plan for implementation under this
subtitle if the Secretary determines that the plan meets the
requirements specified in subsection (d).
``(d) Criteria for Approval.--The Secretary may approve a
conservation corridor plan only if, as determined by the Secretary, the
plan provides for each of the following:
``(1) Voluntary actions.--Actions taken under the plan--
``(A) are voluntary;
``(B) require the consent of willing landowners; and
``(C) provide a mechanism by which the landowner may
withdraw such consent without adverse consequences other than
the loss of any payments to the landowner conditioned on
continued enrollment of the land.
``(2) Land of high conservation value.--Criteria specified in
the plan ensure that land enrolled in each conservation program
incorporated through the plan are of exceptionally high conservation
value, as determined by the Secretary.
``(3) No effect on unenrolled land.--The enrollment of land in a
conservation program incorporated through the plan will neither--
``(A) adversely affect any adjacent land not so enrolled;
nor
``(B) create any buffer zone on such unenrolled land.
``(4) Greater benefits.--The conservation programs incorporated
through the plan provide benefits greater than the benefits that
would likely be achieved through individual application of the
conservation programs.
``(5) Sufficient staffing.--Staffing, considering both Federal
and non-Federal resources, is sufficient to ensure success of the
plan.
``SEC. 2603. IMPLEMENTATION OF CONSERVATION CORRIDOR PLAN.
``(a) Memorandum of Agreement.--On approval of a conservation
corridor plan, the Secretary may enter into a memorandum of agreement
with the State, local government, or combination of States that
submitted the plan to--
``(1) guarantee specific program resources for implementation of
the plan;
``(2) establish various compensation rates to the extent that
the parties to the agreement consider justified; and
``(3) provide streamlined and integrated paperwork requirements.
``(b) Continued Compliance With Plan Approval Criteria.--The
Secretary shall terminate the memorandum of agreement entered into under
subsection (a) with respect to an approved conservation corridor plan
and cease the provision of resources for implementation of the plan if
the Secretary determines that, in the implementation of the plan--
``(1) the State, local government, or combination of States that
submitted the plan has deviated from--
``(A) the plan;
``(B) the criteria specified in section 2602(d) on which
approval of the plan was conditioned; or
``(C) the cost-sharing requirements of section 2604(a) or
any other condition of the plan; or
``(2) the economic viability of agriculture in the geographic
region designated in the plan is being hindered.
``(c) Progress Report.--At the end of the 3-year period that begins
on the date on which funds are first provided with respect to a
conservation corridor plan under the demonstration program, the State,
local government, or combination of States that submitted the plan shall
submit to the Secretary--
``(1) a report on the effectiveness of the activities carried
out under the plan; and
``(2) an evaluation of the economic viability of agriculture in
the geographic region designated in the plan.
``(d) Duration.--The demonstration program shall be carried out for
not less than 3 nor more than 5 years beginning on the date on which
funds are first provided under the demonstration program.
``SEC. 2604. FUNDING REQUIREMENTS.
``(a) Cost Sharing.--
``(1) Required non-federal share.--Subject to paragraph (2), as
a condition on the approval of a conservation corridor plan, the
Secretary shall require the State and local participants to
contribute financial resources sufficient to cover at least 50
percent of the total cost of the activities carried out under the
plan.
``(2) Exception.--The Secretary may reduce the cost-sharing
requirement in the case of a specific project or activity under the
demonstration program on good cause and on demonstration that the
project or activity is likely to achieve extraordinary natural
resource benefits.
``(b) Reservation of Funds.--The Secretary may consider directing
funds on a priority basis to the demonstration program and to projects
in areas identified by the plan.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this subtitle for
each of fiscal years 2002 through 2007.''
Cranberry Acreage Reserve Program
Pub. L. 107-171, title X, Sec. 10608, May 13, 2002, 116 Stat. 515,
provided that:
``(a) Definitions.--In this section:
``(1) Eligible area.--The term `eligible area' means a wetland
or buffer strip adjacent to a wetland that, as determined by the
Secretary--
``(A)(i) is used, and has a history of being used, for the
cultivation of cranberries; or
``(ii) is an integral component of a cranberry-growing
operation;
``(B) is located in an environmentally sensitive area.
``(2) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``(b) Program.--The Secretary shall establish a program to purchase
permanent easements in eligible areas from willing sellers.
``(c) Purchase Price.--The Secretary shall ensure, to the maximum
extent practicable, that each easement purchased under this section is
for an amount that appropriately reflects the range of values for
agricultural and nonagricultural land in the region in which the
eligible area subject to the easement is located (including whether that
land is located in 1 or more environmentally sensitive areas, as
determined by the Secretary).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.''
Section Referred to in Other Sections
This section is referred to in title 7 sections 1985, 1997, 2006e;
title 26 section 1257.
