16 U.S.C. § 3831
Conservation reserve
United States · Title 16 — CONSERVATION · Status: effective
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- 16 U.S.C. § 3831, Conservation reserve, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/447688
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Full text
Through the 2023 fiscal year, the Secretary shall formulate and carry out a conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve and improve the soil, water, and wildlife resources of such land and to address issues raised by State, regional, and national conservation initiatives.
The Secretary may include in the program established under this subpart—
highly erodible cropland that—
grasslands that—
cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and will be devoted to—
cropland that is otherwise ineligible if the Secretary determines that—
if permitted to remain in agricultural production, the land would—
the land is a—
the portion of land in a field not enrolled in the conservation reserve in a case in which—
the remainder of the field is—
as determined by the Secretary, land—
For purposes of determining the eligibility of land to be placed in the conservation reserve established under this subpart, land shall be considered to be planted to an agricultural commodity during a crop year if, during the crop year, the land was devoted to a conserving use.
The Secretary may maintain in the conservation reserve at any one time during—
For purposes of applying the limitations in paragraph (1)—
in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
In enrolling acres under subparagraph (A), the Secretary may give priority to land, as determined by the Secretary—
of ecological significance, including land that—
In enrolling acres under subparagraph (A), the Secretary shall make the program available to owners or operators of eligible land on an annual enrollment basis with one or more ranking periods.
For purposes of grasslands described in subsection (b)(3), the Secretary shall announce at least 1 ranking period subsequent to the announcement of general enrollment offers.
If the Secretary is unable in a fiscal year to enroll enough acres of land described in subsection (b)(3) to meet the number of acres described in clause (ii) or (iii) 11 So in original. There is no cl.
(iii) of subpar. (A). of subparagraph (A) for the fiscal year—
The Secretary shall give priority within continuous enrollment under paragraph (6) to the enrollment of land described in subsection (b)(4).
In carrying out subparagraph (A), the Secretary shall give priority to the implementation of practices on land that, if enrolled, will help reduce sediment loadings, nutrient loadings, and harmful algal blooms, as determined by the Secretary.
Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 40 percent of acres enrolled in the conservation reserve using continuous enrollment under paragraph (6) shall be of land described in subsection (b)(4).
The acres described in clause (i) shall not include grasslands described in subsection (b)(3).
The Secretary shall—
publish on the website of the Farm Service Agency an annual report describing a summary of, with respect to the enrollment priority under this paragraph—
At the beginning of each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall allocate to the States proportionately 60 percent of the available number of acres each year for enrollment in the conservation reserve, in accordance with historical State enrollment rates, taking into consideration—
In carrying out this subpart, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup and enrollment not less often than once each year.
To the maximum extent practicable, the Secretary shall allow producers to submit applications on a continuous basis for enrollment in—
the conservation reserve of—
For purposes of applying the limitations in paragraph (1)—
in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
For the purpose of carrying out this subpart, the Secretary shall enter into contracts of not less than 10, nor more than 15, years.
In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subpart, the owner or operator of the land may, within the limitations prescribed under paragraph (1), specify the duration of the contract.
On application by the appropriate State agency, the Secretary shall designate areas of special environmental sensitivity as conservation priority areas.
Areas eligible for designation under this subsection shall include areas with actual and significant adverse water quality or habitat impacts related to agricultural production activities.
Conservation priority area designation under this subsection shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw an area’s designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.
In carrying out this subsection, the Secretary shall attempt to maximize water quality and habitat benefits in the watersheds described in paragraph (1) by promoting a significant level of enrollment of land within the watersheds in the program under this subpart by whatever means the Secretary determines are appropriate and consistent with the purposes of this subpart.
For purposes of this subpart, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities.
Alfalfa, when grown as part of a rotation practice, as determined by the Secretary, is an agricultural commodity subject to the cropping history criteria under subsection (b)(1)(B) for the purpose of determining whether highly erodible cropland has been planted or considered planted for 4 of the 6 years referred to in such subsection.
On the expiration of a contract entered into under this subpart, the land subject to the contract shall be eligible to be considered for reenrollment in the conservation reserve.
Except as provided in subparagraph (B), land subject to a contract entered into under this subpart shall be eligible for only one reenrollment in the conservation reserve under paragraph (1) if the land is devoted to hardwood trees.
Subparagraph (A) shall not apply to—
In determining the acceptability of contract offers under this subpart, the Secretary shall ensure, to the maximum extent practicable, an equitable balance among the conservation purposes of soil erosion, water quality, and wildlife habitat.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Food Security Act of 1985House: no recorded tallySenate: no recorded tally
- Farm Security and Rural Investment Act of 2002
- Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006
- Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006
- U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007House: 348–73Senate: no recorded tally
- Food, Conservation, and Energy Act of 2008
- Food, Conservation, and Energy Act of 2008
- American Taxpayer Relief Act of 2012
- Agriculture Reform, Food, and Jobs Act of 2013
- Agriculture Improvement Act of 2018