The Endangered Species Act of 1973, referred to in subsec. (d)(2)(B)(iii)(I), (II), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

A prior section 3831, Pub. L. 99–198, title XII, § 1231, Dec. 23, 1985, 99 Stat. 1509; Pub. L. 99–500, § 101(a) [title VI, § 643], Oct. 18, 1986, 100 Stat. 1783, 1783–36, and Pub. L. 99–591, § 101(a) [title VI, § 643], Oct. 30, 1986, 100 Stat. 3341, 3341–36; Pub. L. 99–641, title II, § 205, Nov. 10, 1986, 100 Stat. 3563; Pub. L. 101–624, title XIV, §§ 1432(2), 1447(a), Nov. 28, 1990, 104 Stat. 3577, 3605; Pub. L. 102–324, § 1(a), July 22, 1992, 106 Stat. 447; Pub. L. 103–66, title I, § 1402(b), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104–127, title III, § 332(a)(1), (b), Apr. 4, 1996, 110 Stat. 994; Pub. L. 106–387, § 1(a) [title XI, § 1102(a)], Oct. 28, 2000, 114 Stat. 1549, 1549A–75; Pub. L. 107–76, title VII, § 758(a), Nov. 28, 2001, 115 Stat. 741, related to a conservation reserve program to be formulated and carried out by the Secretary through the 2002 calendar year, prior to the general amendment of this subpart by Pub. L. 107–171.

2018—Subsec. (a). Pub. L. 115–334, § 2201(a), substituted “2023” for “2018”.

Subsec. (b)(1)(B). Pub. L. 115–334, § 2201(b)(1), substituted “4 of the 6 years preceding December 20, 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program” for “4 of the 6 years preceding February 7, 2014 (except for land enrolled in the conservation reserve program as of that date)”.

Subsec. (b)(4). Pub. L. 115–334, § 2201(b)(3), added par. (4). Former par. (4) redesignated (5).

Subsec (b)(5). Pub. L. 115–334, § 2201(b)(2), (4)(A), redesignated par. (4) as (5) and substituted “salt tolerant vegetation, field borders, or practices to benefit State or federally identified wellhead protection areas” for “or filterstrips or riparian buffers devoted to trees, shrubs, or grasses” in subpar. (C). Former par. (5) redesignated (6).

Subsec. (b)(6). Pub. L. 115–334, § 2201(b)(2), redesignated par. (5) as (6).

Subsec. (b)(7). Pub. L. 115–334, § 2201(b)(4)(B)–(6), added par. (7).

Subsec. (d)(1). Pub. L. 115–334, § 2201(c)(1), added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows:

“(A) fiscal year 2014, no more than 27,500,000 acres;

“(B) fiscal year 2015, no more than 26,000,000 acres;

“(C) fiscal year 2016, no more than 25,000,000 acres;

“(D) fiscal year 2017, no more than 24,000,000 acres; and

“(E) fiscal year 2018, no more than 24,000,000 acres.”

Subsec. (d)(2)(A). Pub. L. 115–334, § 2201(c)(2)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “For purposes of applying the limitations in paragraph (1), no more than 2,000,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any one time during the 2014 through 2018 fiscal years.”

Subsec. (d)(2)(B). Pub. L. 115–334, § 2201(c)(2)(A), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “In enrolling acres under subparagraph (A), the Secretary may give priority to land with expiring conservation reserve program contracts.”

Subsec. (d)(2)(C). Pub. L. 115–334, § 2201(c)(2)(B), designated existing provisions as cl. (i), inserted heading, substituted “an annual enrollment basis” for “a continuous enrollment basis”, and added cl. (ii).

Subsec. (d)(2)(D). Pub. L. 115–334, § 2201(c)(2)(C), added subpar. (D).

Subsec. (d)(3) to (6). Pub. L. 115–334, § 2201(c)(3), added pars. (3) to (6).

Subsec. (h). Pub. L. 115–334, § 2201(d), designated existing provisions as par. (1), inserted heading, and added par. (2).

2014—Subsec. (a). Pub. L. 113–79, § 2001(a), substituted “2018” for “2012”.

Subsec. (b)(1)(B). Pub. L. 113–79, § 2001(b)(1), substituted “February 7, 2014” for “the date of enactment of the Food, Conservation, and Energy Act of 2008”.

Subsec. (b)(2), (3). Pub. L. 113–79, § 2001(b)(2), (3), redesignated par. (3) as (2), added par. (3), and struck out former par. (2) which read as follows: “marginal pasture land converted to wetland or established as wildlife habitat prior to November 28, 1990;”.

Subsec. (b)(4)(C). Pub. L. 113–79, § 2001(b)(4), substituted “filterstrips or riparian buffers devoted to trees, shrubs, or grasses” for “filterstrips devoted to trees or shrubs”.

Subsec. (b)(5). Pub. L. 113–79, § 2001(b)(5), added par. (5) and struck out former par. (5) which read as follows: “the portion of land in a field not enrolled in the conservation reserve in a case in which more than 50 percent of the land in the field is enrolled as a buffer, if—

“(A) the land is enrolled as part of the buffer; and

“(B) the remainder of the field is—

“(i) infeasible to farm; and

“(ii) enrolled at regular rental rates.”

Subsec. (c). Pub. L. 113–79, § 2001(c), substituted “if, during the crop year, the land was devoted to a conserving use.” for “if—” and struck out pars. (1) and (2) which read as follows:

“(1) during the crop year, the land was devoted to a conserving use; or

“(2)(A) during the crop year or during any of the 2 years preceding the crop year, the land was enrolled in the water bank program; and

“(B) the contract of the owner or operator of the cropland expired or will expire in calendar year 2000, 2001, or 2002.”

Subsec. (d). Pub. L. 113–79, § 2001(d), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary may maintain up to 39,200,000 acres in the conservation reserve at any 1 time during the 2002 through 2009 fiscal years (including contracts extended by the Secretary pursuant to section 1437(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 3831 note; Public Law 101–624)). During fiscal years 2010, 2011, 2012, and 2013, the Secretary may maintain up to 32,000,000 acres in the conservation reserve at any 1 time.”

Subsec. (e)(2), (3). Pub. L. 113–79, § 2001(e), added par. (2) and struck out former pars. (2) and (3) which related to duration of contracts for certain land and 1-year extensions, respectively.

Subsec. (f)(1). Pub. L. 113–79, § 2001(f)(1), struck out “watershed areas of the Chesapeake Bay Region, the Great Lakes Region, the Long Island Sound Region, and other” before “areas of special”.

Subsec. (f)(2). Pub. L. 113–79, § 2001(f)(2), substituted “areas” for “watersheds” in heading and “Areas” for “Watersheds” in text.

Subsec. (f)(3). Pub. L. 113–79, § 2001(f)(3), substituted “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.” for “a watershed’s designation—” and struck out subpars. (A) and (B) which read as follows:

“(A) on application by the appropriate State agency; or

“(B) in the case of an area covered by this subsection, if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.”

2013—Subsec. (d). Pub. L. 112–240 substituted “2012, and 2013” for “and 2012”.

2008—Subsec. (a). Pub. L. 110–246, § 2101, substituted “2012 fiscal year” for “2007 calendar year” and inserted “and to address issues raised by State, regional, and national conservation initiatives” before period at end.

Subsec. (b)(1)(B). Pub. L. 110–246, § 2102(1), substituted “the date of enactment of the Food, Conservation, and Energy Act of 2008” for “May 13, 2002” and substituted semicolon for period at end.

Subsec. (b)(4)(C) to (E). Pub. L. 110–246, § 2102(2), in subpar. (C) struck out “or” at end, in subpar. (D) substituted “or” for “and” at end, and in subpar. (E) inserted “or” at end.

Subsec. (d). Pub. L. 110–246, § 2103, substituted “2009 fiscal years” for “2007 calendar years” and “(16 U.S.C.” for “( 16 U.S.C.” and inserted at end “During fiscal years 2010, 2011, and 2012, the Secretary may maintain up to 32,000,000 acres in the conservation reserve at any 1 time.”

Subsec. (f)(1). Pub. L. 110–246, § 2104, substituted “the Chesapeake Bay Region” for “the Chesapeake Bay Region (Pennsylvania, Maryland, and Virginia)”.

Subsec. (g). Pub. L. 110–246, § 2105, amended subsec. (g) generally. Prior to amendment, text read as follows: “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.”

Subsecs. (h) to (j). Pub. L. 110–246, § 2106(a)(2), redesignated subsecs. (i) and (j) as (h) and (i), respectively, and struck out former subsec. (h) which related to pilot program for enrollment of wetland and buffer acreage in conservation reserve during 2002 through 2007 calendar years.

Subsec. (k). Pub. L. 110–246, § 2106(b)(1), renumbered subsec. (k) as section 3831a of this title.

2007—Subsec. (k)(2). Pub. L. 110–28 substituted “The” for “During calendar year 2006, the”.

2006—Subsec. (k)(3)(G). Pub. L. 109–234 substituted “$504,100,000” for “$404,100,000”.

2005—Subsec. (k). Pub. L. 109–148 added subsec. (k).

Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of Title 7, Agriculture.

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Pub. L. 106–387, § 1(a) [title XI, § 1105], Oct. 28, 2000, 114 Stat. 1549, 1549A–78, required the Secretary of Agriculture, as soon as practicable after Oct. 28, 2000, to promulgate regulations to implement the amendments by section 1(a) [title XI] of Pub. L. 106–387, amending former sections 3831 and 3832 of this title.

Pub. L. 115–334, title II, § 2209, Dec. 20, 2018, 132 Stat. 4551, provided that: “The Secretary shall revise paragraph (4) of section 1410.6(d) of title 7, Code of Federal Regulations, to provide that land enrolled under a Conservation Reserve Enhancement Program agreement initially established before January 1, 2014 (including an amended or successor Conservation Reserve Enhancement Program agreement, as determined by the Secretary), shall not be ineligible for enrollment in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) under that paragraph if the Deputy Administrator (as defined in section 1410.2(b) of title 7, Code of Federal Regulations (or successor regulations)), on recommendation from and in consultation with the applicable State technical committee established under section 1261(a) of the Food Security Act of 1985 (16 U.S.C. 3861(a)) determines, under such terms and conditions as the Deputy Administrator, in consultation with the State technical committee, determines to be appropriate, that making that land eligible for enrollment in that program is not contrary to the purposes of that program.”

Pub. L. 113–79, title II, § 2008, Feb. 7, 2014, 128 Stat. 720, provided that:

Pub. L. 107–171, title II, § 2101(b), May 13, 2002, 116 Stat. 252, provided that, not later than 18 months after May 13, 2002, the Secretary of Agriculture would submit to Congress a report, to include specified analyses, that describes the economic and social effects on rural communities resulting from the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).

Pub. L. 106–387, § 1(a) [title XI, § 1104], Oct. 28, 2000, 114 Stat. 1549, 1549A–78, required the Secretary of Agriculture to conduct a study of the impact of the pilot program established under former section 3831(h) of this title, as added by section 1(a) [title XI, § 1102(a)] of Pub. L. 106–387, and to report on the results of the study to committees of Congress not later than Mar. 1, 2003.

Pub. L. 101–624, title XIV, § 1437, Nov. 28, 1990, 104 Stat. 3584, which required the Secretary of Agriculture to conduct a study of cropland subject to expiring conservation reserve contracts entered into prior to Nov. 28, 1990, and to report on the study to committees of Congress not later than Dec. 31, 1993, and authorized the Secretary, during calendar years 1996 to 2000, to extend up to 10 years contracts entered into under this subpart prior to Nov. 28, 1990, or to purchase long-term or permanent easements as provided for in former part III of this subchapter, at the option of the owner or operator on land that the Secretary has determined under the study should remain in conserving uses, was repealed by Pub. L. 115–334, title II, § 2815, Dec. 20, 2018, 132 Stat. 4602.

Pub. L. 99–263, Mar. 24, 1986, 100 Stat. 59, provided: “That the conservation reserve program shall not replace or reduce any existing conservation program.”