§ 3843. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3843]
TITLE 16--CONSERVATION
CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
SUBCHAPTER V--FUNDING AND ADMINISTRATION
Sec. 3843. Administration of CCEP
(a) Plans
The Secretary shall, to the extent practicable, avoid duplication
in--
(1) the conservation plans required for--
(A) highly erodible land conservation under subchapter II of
this chapter;
(B) the conservation reserve program established under
subpart B of part I of subchapter IV of this chapter; and
(C) the wetlands reserve program established under subpart C
of part I of subchapter IV of this chapter; and
(2) the environmental quality incentives program established
under part IV of subchapter IV of this chapter.
(b) Acreage limitation
(1) In general
The Secretary shall not enroll more than 25 percent of the
cropland in any county in the programs administered under the
conservation reserve and wetlands reserve programs established under
subparts B and C, respectively, of part I of subchapter IV of this
chapter. Not more than 10 percent of the cropland in a county may be
subject to an easement acquired under the subparts.
(2) Exception
The Secretary may exceed the limitations in paragraph (1) if the
Secretary determines that--
(A) the action would not adversely affect the local economy
of a county; and
(B) operators in the county are having difficulties
complying with conservation plans implemented under section 3812
of this title.
(3) Shelterbelts and windbreaks
The limitations established under this subsection shall not
apply to cropland that is subject to an easement under part I or III
of subchapter IV of this chapter that is used for the establishment
of shelterbelts and windbreaks.
(c) Tenant protection
Except for a person who is a tenant on land that is subject to a
conservation reserve contract that has been extended by the Secretary,
the Secretary shall provide adequate safeguards to protect the interests
of tenants and sharecroppers, including provision for sharing, on a fair
and equitable basis, in payments under the programs established under
subchapters II through IV of this chapter.
(d) Provision of technical assistance by other sources
In the preparation and application of a conservation compliance plan
under subchapter II of this chapter or similar plan required as a
condition for assistance from the Department of Agriculture, the
Secretary shall permit persons to secure technical assistance from
approved sources, as determined by the Secretary, other than the Natural
Resources Conservation Service. If the Secretary rejects a technical
determination made by such a source, the basis of the Secretary's
determination must be supported by documented evidence.
(e) Regulations
Not later than 90 days after April 4, 1996, the Secretary shall
issue regulations to implement the conservation reserve and wetlands
reserve programs established under part I of subchapter IV of this
chapter.
(f) Partnerships and cooperation
(1) In general
In carrying out any program under subchapter IV of this chapter,
the Secretary may use resources provided under that subchapter to
enter into stewardship agreements with State and local agencies,
Indian tribes, and nongovernmental organizations and to designate
special projects, as recommended by the State Conservationist, after
consultation with the State technical committee, to enhance
technical and financial assistance provided to owners, operators,
and producers to address natural resource issues related to
agricultural production.
(2) Criteria for special projects
The purposes of special projects carried out under this
subsection shall be to encourage--
(A) producers to cooperate in the installation and
maintenance of conservation practices that affect multiple
agricultural operations;
(B) the sharing of information and technical and financial
resources among producers;
(C) cumulative conservation benefits in geographic areas;
and
(D) the development and demonstration of innovative
conservation methods.
(3) Incentives
To realize the purposes of the special projects under paragraph
(1), the Secretary may provide special incentives to owners,
operators, and producers participating in the special projects to
encourage partnerships and enrollments of optimal conservation
value.
(4) Flexibility
(A) In general
The Secretary may enter into stewardship agreements with
States (including State agencies and units of local government),
Indian tribes, and nongovernmental organizations that have a
history of working with agricultural producers to allow greater
flexibility to adjust the application of eligibility criteria,
approved practices, innovative conservation practices, and other
elements of the programs under this chapter to better reflect
unique local circumstances and purposes in a manner that is
consistent with--
(i) conservation enhancement and long-term productivity
of the natural resource base; and
(ii) the purposes and requirements of this chapter.
(B) Plan
Each party to a stewardship agreement under subparagraph (A)
shall submit to the Secretary, for approval by the Secretary, a
special project area plan for each program to be carried out by
the party that includes--
(i) a description of the requested resources and
adjustments to program implementation (including a
description of how those adjustments will accelerate the
achievement of conservation benefits);
(ii) an analysis of the contribution those adjustments
will make to the effectiveness of programs in achieving the
purposes of the special project;
(iii) a timetable for reevaluating the need for or
performance of the proposed adjustments;
(iv) a description of non-Federal programs and resources
that will contribute to achieving the purposes of the
special project; and
(v) a plan for the evaluation of progress toward the
purposes of the special project.
(5) Funding
(A) In general
In addition to resources from programs under subchapter IV
of this chapter, subject to subparagraph (B), the Secretary
shall use not more than 5 percent of the funds made available
for each fiscal year under section 3841(a) of this title to
carry out activities that are authorized under conservation
programs under subchapter IV of this chapter.
(B) Unused funding
Any funds made available for a fiscal year under
subparagraph (A) that are not obligated by April 1 of the fiscal
year may be used to carry out other activities under
conservation programs under subchapter IV of this chapter during
the fiscal year in which the funding becomes available.
(Pub. L. 99-198, title XII, Sec. 1243, as added Pub. L. 104-127, title
III, Sec. 341, Apr. 4, 1996, 110 Stat. 1008; amended Pub. L. 107-171,
title II, Secs. 2003, 2006(d), May 13, 2002, 116 Stat. 233, 237.)
Prior Provisions
A prior section 3843, Pub. L. 99-198, title XII, Sec. 1243, Dec. 23,
1985, 99 Stat. 1515; Pub. L. 101-624, title XIV, Sec. 1442, Nov. 28,
1990, 104 Stat. 3602, which related to administration of this chapter,
was omitted in the general amendment of this subchapter by Pub. L. 104-
127.
Amendments
2002--Pub. L. 107-171, Sec. 2006(d), substituted ``Administration of
CCEP'' for ``Administration'' in section catchline.
Subsec. (f). Pub. L. 107-171, Sec. 2003, added subsec. (f).
Section Referred to in Other Sections
This section is referred to in section 3822 of this title.
