U.S. Code as it relates to the USDA's CREP Program - 16 USC Sec. 3832
 
 
January 6, 2003
 
 

16 USC Sec. 3832                                            

 

-EXPCITE-


TITLE 16 - CONSERVATION


CHAPTER 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM

SUBCHAPTER IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM


Part I - Comprehensive Conservation Enhancement Program


subpart b - conservation reserve

 

-HEAD-


Sec. 3832. Duties of owners and operators

 

-STATUTE-


(a) In general


Under the terms of a contract entered into under this subpart, during the term of the contract, an owner or operator of a farm or ranch shall agree -


(1) to implement a plan approved by the local conservation district (or in an area not located within a conservation district, a plan approved by the Secretary) for converting eligible land normally devoted to the production of an agricultural commodity on the farm or ranch to a less intensive use (as defined by the Secretary), such as pasture, permanent grass, legumes, forbs, shrubs, or trees, substantially in accordance with a schedule outlined in the plan;


(2) to place highly erodible cropland subject to the contract in the conservation reserve established under this subpart;


(3) not to use the land for agricultural purposes, except as permitted by the Secretary;


(4) to establish approved vegetative cover (which may include emerging vegetation in water), water cover for the enhancement of wildlife, or, where practicable, maintain existing cover on the land, except that -


(A) the water cover shall not include ponds for the purpose of watering livestock, irrigating crops, or raising fish for commercial purposes; and


(B) the Secretary shall not terminate the contract for failure to establish approved vegetative or water cover on the land if -


(i) the failure to plant the cover was due to excessive rainfall or flooding;


(ii) the land subject to the contract that could practicably be planted to the cover is planted to the cover;

and


(iii) the land on which the owner or operator was unable to plant the cover is planted to the cover after the wet conditions that prevented the planting subsides;


(5) on a violation of a term or condition of the contract at any time the owner or operator has control of the land -

 

(A) to forfeit all rights to receive rental payments and cost sharing payments under the contract and to refund to the Secretary any rental payments and cost sharing payments received by the owner or operator under the contract, together with interest on the payments as determined by the Secretary, if the Secretary, after considering the recommendations of the soil conservation district and the Natural Resources

 Conservation Service, determines that the violation is of such nature as to warrant termination of the contract; or


(B) to refund to the Secretary, or accept adjustments to, the rental payments and cost sharing payments provided to the owner or operator, as the Secretary considers appropriate, if the Secretary determines that the violation does not warrant termination of the contract;


(6) on the transfer of the right and interest of the owner or operator in land subject to the contract -


(A) to forfeit all rights to rental payments and cost sharing payments under the contract; and


(B) to refund to the United States all rental payments and cost sharing payments received by the owner or operator, or accept such payment adjustments or make such refunds as the Secretary considers appropriate and consistent with the objectives of this subpart; unless the transferee of the land agrees with the Secretary to assume all obligations of the contract, except that no refund of rental payments and cost sharing payments shall be required if the land is purchased by or for the United States Fish and Wildlife Service, or the transferee and the Secretary agree to modifications to the contract, in a case in which the  modifications are consistent with the objectives of the program, as determined by the Secretary;


(7) not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that the Secretary may permit, consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during nesting seasons for birds in the area) -


(A) managed harvesting and grazing (including the managed harvesting of biomass), except that in permitting managed harvesting and grazing, the Secretary -


(i) shall, in coordination with the State technical committee -


(I) develop appropriate vegetation management requirements; and


(II) identify periods during which harvesting and grazing under this paragraph may be conducted;


(ii) may permit harvesting and grazing or other commercial use of the forage on the land that is subject to the contract in response to a drought or other emergency; and


(iii) shall, in the case of routine managed harvesting or grazing or harvesting or grazing conducted in response to a drought or other emergency, reduce the rental payment otherwise payable under the contract by an amount commensurate with the economic value of the activity; and


(B) the installation of wind turbines, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account -


(i) the location, size, and other physical characteristics of the land;


(ii) the extent to which the land contains wildlife and wildlife habitat; and


(iii) the purposes of the conservation reserve program under this subpart;


(8) not to conduct any planting of trees on land that is subject to the contract unless the contract specifies that the harvesting and commercial sale of trees such as Christmas trees are prohibited, nor otherwise make commercial use of trees on land that is subject to the contract unless it is expressly permitted in the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that no contract shall prohibit activities consistent with customary forestry practice, such as pruning, thinning, or stand improvement of trees, on land converted to forestry use;


(9) not to adopt any practice specified by the Secretary in the contract as a practice that would tend to defeat the purposes of this subpart; and


(10) to comply with such additional provisions as the Secretary determines are desirable and are included in the contract to carry out this subpart or to facilitate the practical administration of this subpart.


(b) Conservation plans


The plan referred to in subsection (a)(1) of this section -


(1) shall set forth -


(A) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and


(B) the commercial use, if any, to be permitted on the land during the term; and


(2) may provide for the permanent retirement of any existing cropland base and allotment history for the land.


(c) Foreclosure


(1) In general


Notwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this subpart may not be required to make repayments to the Secretary of amounts received under the contract if the land that is subject to the contract has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate in order to provide fair and equitable treatment.


(2) Resumption of control


(A) In general


This subsection shall not void the responsibilities of an owner or operator under the contract if the owner or operator resumes control over the land that is subject to the contract within the period specified in the contract.


(B) Contract


On the resumption of the control over the land by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply.

 

-SOURCE-


(Pub. L. 99-198, title XII, Sec. 1232, as added Pub. L. 107-171, title II, Sec. 2101(a), May 13, 2002, 116 Stat. 242.)

 

-MISC1-


PRIOR PROVISIONS


A prior section 3832, Pub. L. 99-198, title XII, Sec. 1232, Dec. 23, 1985, 99 Stat. 1509; Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1919; Pub. L. 101-624, title XIV, Sec. 1433, 1447(a), Nov. 28, 1990, 104 Stat. 3579, 3605; Pub. L. 102-237, title II, Sec. 204(5), Dec. 13, 1991, 105 Stat. 1855; Pub. L. 102-552, title V, Sec. 516(a), Oct. 28, 1992, 106 Stat. 4136; Pub. L. 104-127, title III, Sec. 332(a)(2), Apr. 4, 1996, 110 Stat. 994; Pub. L. 106-78, title VII, Sec. 763, 769, Oct. 22, 1999, 113 Stat. 1173, 1174; Pub. L. 106-387, Sec. 1(a) (title VIII, Sec. 817, title XI, Sec. 1103), Oct. 28, 2000, 114 Stat. 1549, 1549A-58, 1549A-77; Pub. L. 107-76, title VII, Sec. 758(b), 759(b)(2), Nov. 28, 2001, 115 Stat. 741, related to duties of owners and operators, prior to the general amendment of this subpart by Pub. L. 107-171.

 

-SECREF-


SECTION REFERRED TO IN OTHER SECTIONS


This section is referred to in sections 3831, 3833 of this title.