Title 16 › CHAPTER 58 — ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM › SUBCHAPTER V — FUNDING AND ADMINISTRATION › § 3844
The Agriculture Secretary may offer extra help to get certain people into conservation programs. That help can encourage new farmers and ranchers and support long-term environmental goals. Eligible groups include beginning farmers, socially disadvantaged and limited-resource farmers, Indian tribes, and veteran farmers. Information that people give to get technical or financial help is not public and will not be shared outside the Department of Agriculture, except in a few cases: to the Attorney General for law enforcement, to people or agencies that are working with the Department to provide or collect the help (and only to assist with that work), if the data are turned into anonymous statistics, or if the owner, operator, or producer gives written permission. Getting benefits cannot be made conditional on giving that permission. If information is wrongly released, penalties in section 2276(c) of title 7 apply. The Secretary must avoid making people do duplicate conservation plans across programs. Tenants and sharecroppers must be protected and fairly share program payments. People may get technical assistance from approved non-Department sources, and if the Department rejects that help, it must record why. The Secretary may limit how much cropland in a county can be enrolled: generally no more than 25 percent in certain programs and no more than 15 percent for wetland reserve easements, with some exceptions, waivers with county agreement, and specific exclusions for shelterbelts, windbreaks, and certain wet soils. Acreage counts must include land already counted before December 20, 2018, if it remains enrolled. For each conservation program, the Secretary must set up ways to check rules are followed, measure performance, show long-term benefits, track crops and livestock, and coordinate with the national program. The Secretary may encourage pollinator habitat. Application processes must be simplified and reviewed; the Secretary had to notify Congress of completion within 1 year after the Food, Conservation, and Energy Act of 2008 became law. By not later than 1 year after December 20, 2018, and each October 1 after that, the Secretary must review practice cost estimates and payment rates, guide States to update them, and consult State technical committees. The Secretary must try to reduce paperwork and use new technology. Payments under these programs are in addition to, and do not reduce, payments from the named farm laws (including the Agricultural Act of 1949 and the Agricultural Act of 2014). The Secretary may make alternative funding arrangements with tribes if certain conditions are met. The Secretary must encourage practices that protect drinking water, work with water systems to find local priority areas, may offer higher incentives up to 90 percent of practice costs, and must reserve at least 10 percent of conservation funds each fiscal year 2019 through 2031 (excluding the conservation reserve program) for this work. Participants may join environmental services markets that provide extra conservation benefits. On request, the Secretary can give other governments technical help to create regulatory certainty if basic safeguards are included, and ongoing interagency conservation agreements in effect on December 20, 2018, will continue. Nothing here overrides other government authority or legal rights, and these rules do not apply when the Department of Agriculture is the agency asking for help.
Full Legal Text
Conservation, Source: USLM XML via OLRC
Legislative History
Reference
Citation
16 U.S.C. § 3844
Title 16, Conservation
Last Updated
Sep 23, 2026
Release point: 119-110