§3865c Wetland reserve easements

Summary

The Secretary must help landowners restore, protect, and improve wetlands by offering wetland reserve easements (a legal agreement that protects the wetland) and by giving technical help. Land can be enrolled with permanent easements, 30-year easements, easements for the longest time allowed by the State, or, for Indian tribes only, 30-year contracts. The Secretary will not take easements on land newly planted to trees under the Conservation Reserve Program except in special cases, or on farmed or converted wetlands if the conversion began after December 23, 1985. Land that changed hands in the last 24 months is usually not eligible unless it was inherited, changed by foreclosure with redemption, or the Secretary finds the purchase was not made to join the program. The Secretary will rank offers to get the best environmental benefit for federal dollars and will give priority to places that help migratory birds, other wildlife, or water quality. To join, an owner must grant the easement, allow a written easement plan, record the restriction, get written consent from any lenders, follow the easement rules, and permanently retire any farm program base history for the land. Easements must allow needed repairs to public drains and let owners control public access while keeping routes for restoration and monitoring. They must stop changes that harm habitat, spraying or mowing except for weed or emergency pest control or wildlife needs, and any nearby activities that would reduce the wetland’s value. Compatible uses like hunting, fishing, timber harvest, water management, or limited haying or grazing can be allowed if the easement plan approves them and they support long-term protection. Grazing may be reserved if it fits the plan and is reviewed at least every 5 years, and payment to the owner is reduced to account for grazing value. Payment for a permanent easement equals the lowest of fair market value, a geographic cap, or the owner’s offer. A 30-year easement or contract pays between 50% and 75% of the permanent easement amount. Payments are made in cash. Easements worth $500,000 or less can be paid in up to 10 annual payments. Easements over $500,000 must be paid in 5 to 10 annual payments, though a lump sum is allowed if it helps the program. The Secretary will pay part of the restoration costs: 75%–100% for permanent easements and 50%–75% for 30-year easements or contracts. The Secretary will help owners meet easement terms and may hire or work with States, tribes, NGOs, or private groups to do restoration and maintenance. The Secretary must write a restoration and management plan for each easement, may allow native or suitable plant communities that benefit wildlife or local needs, can delegate many duties to other agencies or organizations, but may not give monitoring or enforcement duties to conservation organizations. Restoration costs and yearly easement payments must be paid as soon as practical, and if an owner dies or cannot receive payment, the Secretary will make fair payments to a successor. The same rules apply to 30-year contracts.