Part V - Other Conservation Programs

16 USC 3839bb - Conservation of private grazing land

(a) Purpose
It is the purpose of this section to authorize the Secretary to provide a coordinated technical, educational, and related assistance program to conserve and enhance private grazing land resources and provide related benefits to all citizens of the United States by

(1) establishing a coordinated and cooperative Federal, State, and local grazing conservation program for management of private grazing land;

(2) strengthening technical, educational, and related assistance programs that provide assistance to owners and managers of private grazing land;

(3) conserving and improving wildlife habitat on private grazing land;

(4) conserving and improving fish habitat and aquatic systems through grazing land conservation treatment;

(5) protecting and improving water quality;

(6) improving the dependability and consistency of water supplies;

(7) identifying and managing weed, noxious weed, and brush encroachment problems on private grazing land; and

(8) integrating conservation planning and management decisions by owners and managers of private grazing land, on a voluntary basis.

(b) Definitions
In this section:

(1) Department
The term Department means the Department of Agriculture.

(2) Private grazing land
The term private grazing land means private, State-owned, tribally-owned, and any other non-federally owned rangeland, pastureland, grazed forest land, and hay land.

(3) Secretary
The term Secretary means the Secretary of Agriculture.

(1) Assistance to grazing landowners and others
Subject to the availability of appropriations for this section, the Secretary shall establish a voluntary program to provide technical, educational, and related assistance to owners and managers of private grazing land and public agencies, through local conservation districts, to enable the landowners, managers, and public agencies to voluntarily carry out activities that are consistent with this section, including

(A) maintaining and improving private grazing land and the multiple values and uses that depend on private grazing land;

(B) implementing grazing land management technologies;

(i) planning, managing, and treating private grazing land resources;

(ii) ensuring the long-term sustainability of private grazing land resources;

(iii) harvesting, processing, and marketing private grazing land resources; and

(iv) identifying and managing weed, noxious weed, and brush encroachment problems;

(D) protecting and improving the quality and quantity of water yields from private grazing land;

(E) maintaining and improving wildlife and fish habitat on private grazing land;

(F) enhancing recreational opportunities on private grazing land;

(G) maintaining and improving the aesthetic character of private grazing land;

(H) identifying the opportunities and encouraging the diversification of private grazing land enterprises; and

(I) encouraging the use of sustainable grazing systems, such as year-round, rotational, or managed grazing.

(2) Program elements

(A) Funding
If funding is provided to carry out this section, it shall be provided through a specific line-item in the annual appropriations for the Natural Resources Conservation Service.

(B) Technical assistance and education
Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, at the request of the owners and managers.

(d) Grazing technical assistance self-help

(1) Findings
Congress finds that

(A) there is a severe lack of technical assistance for farmers and ranchers that graze livestock;

(B) Federal budgetary constraints preclude any significant expansion, and may force a reduction of, current levels of technical support; and

(C) farmers and ranchers have a history of cooperatively working together to address common needs in the promotion of their products and in the drainage of wet areas through drainage districts.

(2) Establishment of grazing demonstration
In accordance with paragraph (3), the Secretary may establish 2 grazing management demonstration districts at the recommendation of the grazing land conservation initiative steering committee.

(3) Procedure

(A) Proposal
Within a reasonable time after the submission of a request of an organization of farmers or ranchers engaged in grazing, the Secretary shall propose that a grazing management district be established.

(B) Funding
The terms and conditions of the funding and operation of the grazing management district shall be proposed by the producers.

(i) is reasonable;

(ii) will promote sound grazing practices; and

(iii) contains provisions similar to the provisions contained in the beef promotion and research order issued under section 2903 of title 7 in effect on April 4, 1996.

(D) Area included
The area proposed to be included in a grazing management district shall be determined by the Secretary on the basis of an application by farmers or ranchers.

(E) Authorization
The Secretary may use authority under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to operate, on a demonstration basis, a grazing management district.

(F) Activities
The activities of a grazing management district shall be scientifically sound activities, as determined by the Secretary in consultation with a technical advisory committee composed of ranchers, farmers, and technical experts.

(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2002 through 2012.

16 USC 3839bb1 - Wildlife habitat incentive program

(a) In general
The Secretary, in consultation with the State technical committees established under section 3861 of this title, shall establish within the Natural Resources Conservation Service a program to be known as the wildlife habitat incentive program (referred to in this section as the program) for the development of wildlife habitat on private agricultural land, nonindustrial private forest land, and tribal lands.

(b) Cost-share payments

(1) In general
Under the program, the Secretary shall make cost-share payments to owners of lands referred to in subsection (a) to develop

(A) upland wildlife habitat;

(B) wetland wildlife habitat;

(D) fish habitat; and

(E) other types of wildlife habitat approved by the Secretary, including habitat developed on pivot corners and irregular areas.

(2) Increased cost share for long-term agreements

(A) In general
In a case in which the Secretary enters into an agreement or contract to protect and restore plant and animal habitat that has a term of at least 15 years, the Secretary may provide cost-share payments in addition to amounts provided under paragraph (1).

(B) Funding limitation
The Secretary may use, for a fiscal year, not more than 25 percent of funds made available under section 3841 (a)(7) of this title for the fiscal year to carry out contracts and agreements described in subparagraph (A).

(c) Regional equity
In carrying out this section, the Secretary shall, to the maximum extent practicable, ensure that regional issues of concern relating to wildlife habitat are addressed in an appropriate manner.

(d) Priority for certain conservation initiatives
In carrying out this section, the Secretary may give priority to projects that would address issues raised by State, regional, and national conservation initiatives.

(e) Payment limitation
Payments made to a person or legal entity, directly or indirectly, under the program may not exceed, in the aggregate, $50,000 per year.

16 USC 3839bb2 - Grassroots source water protection program

(a) In general
The Secretary shall establish a national grassroots water protection program to more effectively use onsite technical assistance capabilities of each State rural water association that, as of May 13, 2002, operates a wellhead or groundwater protection program in the State.

(b) Authorization of appropriations
There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2008 through 2012.

16 USC 3839bb3 - Great Lakes basin program for soil erosion and sediment control

(a) Program authorized
The Secretary may carry out the Great Lakes basin program for soil erosion and sediment control (referred to in this section as the program), including providing assistance to implement the recommendations of the Great Lakes Regional Collaboration Strategy to Restore and Protect the Great Lakes.

(b) Consultation and cooperation
The Secretary shall carry out the program in consultation with the Great Lakes Commission created by Article IV of the Great Lakes Basin Compact (82 Stat. 415) and in cooperation with the Administrator of the Environmental Protection Agency and the Secretary of the Army.

(1) provide project demonstration grants, provide technical assistance, and carry out information and educational programs to improve water quality in the Great Lakes basin by reducing soil erosion and improving sediment control; and

(2) establish a priority for projects and activities that

(A) directly reduce soil erosion or improve sediment control;

(B) reduce soil loss in degraded rural watersheds; or

(d) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the program $5,000,000 for each of fiscal years 2008 through 2012.

16 USC 3839bb4 - Chesapeake Bay watershed

(a) Chesapeake Bay watershed defined
In this section, the term Chesapeake Bay watershed means all tributaries, backwaters, and side channels, including their watersheds, draining into the Chesapeake Bay.

(b) Establishment and purpose
The Secretary shall assist producers in implementing conservation activities on agricultural lands in the Chesapeake Bay watershed for the purposes of

(1) improving water quality and quantity in the Chesapeake Bay watershed; and

(2) restoring, enhancing, and preserving soil, air, and related resources in the Chesapeake Bay watershed.

(c) Conservation activities
The Secretary shall deliver the funds made available to carry out this section through applicable programs under this subchapter to assist producers in enhancing land and water resources

(1) by controlling erosion and reducing sediment and nutrient levels in ground and surface water; and

(2) by planning, designing, implementing, and evaluating habitat conservation, restoration, and enhancement measures where there is significant ecological value if the lands are

(A) retained in their current use; or

(B) restored to their natural condition.

(d) Agreements

(1) In general
The Secretary shall

(A) enter into agreements with producers to carry out the purposes of this section; and

(B) use the funds made available to carry out this section to cover the costs of the program involved with each agreement.

(2) Special considerations
In entering into agreements under this subsection, the Secretary shall give special consideration to, and begin evaluating, applications with producers in the following river basins:

(A) The Susquehanna River.

(B) The Shenandoah River.

(D) The Patuxent River.

(e) Duties of the Secretary
In carrying out the purposes in this section, the Secretary shall

(1) where available, use existing plans, models, and assessments to assist producers in implementing conservation activities; and

(2) proceed expeditiously with the implementation of any agreement with a producer that is consistent with State strategies for the restoration of the Chesapeake Bay watershed.

(f) Consultation
The Secretary, in consultation with appropriate Federal agencies, shall ensure conservation activities carried out under this section complement Federal and State programs, including programs that address water quality, in the Chesapeake Bay watershed.

(g) Sense of Congress regarding Chesapeake Bay Executive Council
It is the sense of Congress that the Secretary should be a member of the Chesapeake Bay Executive Council, and is authorized to do so under section 590a (3) of this title.

(h) Funding

(1) Availability
Of the funds of the Commodity Credit Corporation, the Secretary shall use, to the maximum extent practicable

(A) $23,000,000 for fiscal year 2009;

(B) $43,000,000 for fiscal year 2010;

(D) $50,000,000 for fiscal year 2012.

(2) Duration of availability
Funds made available under paragraph (1) shall remain available until expended.

16 USC 3839bb5 - Voluntary public access and habitat incentive program

(a) Establishment
The Secretary shall establish a voluntary public access program under which States and tribal governments may apply for grants to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make that land available for access by the public for wildlife-dependent recreation, including hunting or fishing under programs administered by the States and tribal governments.

(b) Applications
In submitting applications for a grant under the program, a State or tribal government shall describe

(1) the benefits that the State or tribal government intends to achieve by encouraging public access to private farm and ranch land for

(A) hunting and fishing; and

(B) to the maximum extent practicable, other recreational purposes; and

(2) the methods that will be used to achieve those benefits.

(c) Priority
In approving applications and awarding grants under the program, the Secretary shall give priority to States and tribal governments that propose

(1) to maximize participation by offering a program the terms of which are likely to meet with widespread acceptance among landowners;

(2) to ensure that land enrolled under the State or tribal government program has appropriate wildlife habitat;

(3) to strengthen wildlife habitat improvement efforts on land enrolled in a special conservation reserve enhancement program described in section 3834 (f)(4) of this title by providing incentives to increase public hunting and other recreational access on that land;

(4) to use additional Federal, State, tribal government, or private resources in carrying out the program; and

(5) to make available to the public the location of land enrolled.

(d) Relationship to other laws

(1) No preemption
Nothing in this section preempts a State or tribal government law, including any State or tribal government liability law.

(2) Effect of inconsistent opening dates for migratory bird hunting
The Secretary shall reduce by 25 percent the amount of a grant otherwise determined for a State under the program if the opening dates for migratory bird hunting in the State are not consistent for residents and non-residents.

(e) Regulations
The Secretary shall promulgate such regulations as are necessary to carry out this section.

(f) Funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012.