§3831b Farmable Wetland Program

Summary

From fiscal year 2008 through 2023, the Secretary must run a farmable wetland program in every State to enroll certain lands into the Conservation Reserve. The program must give people in each State a fair chance to join. Eligible acreage includes wetlands that were cropped in at least 3 of the last 10 crop years (including some converted wetlands), constructed wetlands built to receive row‑crop runoff and remove nitrogen, land used for pond aquaculture in any year from 2002 through 2007, and farmland that was cropped 3 of 10 years between January 1, 1990 and December 31, 2002 and is subject to prairie wetland overflow. Buffer acreage next to these lands can also be enrolled to protect them or to improve wildlife, with widths set to fit farming practices. The program limits enrollment to no more than 100,000 acres per State and 750,000 acres total, though reviews may raise a State’s limit to 200,000 acres. Acres enrolled count as Conservation Reserve acres but do not reduce acreages for two earlier buffer programs from 1998. An owner may enroll up to 40 contiguous acres of wetlands or constructed wetlands, 20 contiguous acres of flooded farmland, and tract and buffer limits are set with State advice. Contracting owners must restore wetland water flow as much as possible, plant appropriate vegetation (including wet plants and trees), not use the land for commercial production, and follow related duties in section 3832. The Secretary will pay rental rates based on cropland, provide technical and financial help under sections 3833 and 3834, use the method in section 3834(d) to judge offers and payments, and include filterstrip enrollment incentives.