U.S. Code » Title 16 » Chapter CHAPTER 58— ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM › Subchapter SUBCHAPTER VII— AGRICULTURAL CONSERVATION EASEMENT PROGRAM

16 U.S.C. § 3865

Establishment and purposes

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(a) Establishment

The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land.

(b) PurposesThe purposes of the program are to—(1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 3837 11 See References in Text note below. of this title, the grassland reserve program established under section 3838n 1 of this title, and the farmland protection program established under section 3838i 1 of this title, as such sections were in effect on the day before February 7, 2014;(2) restore, protect, and enhance wetlands on eligible land;(3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values; and(4) protect grazing uses and related conservation values by restoring or conserving eligible land.(Pub. L. 99–198, title XII, § 1265, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 731; amended Pub. L. 115–334, title II, § 2601, Dec. 20, 2018, 132 Stat. 4585.)Editorial NotesReferences in Text

Sections 3837, 3838n, and 3838i of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 113–79, title II, §§ 2703(a), 2704(a), 2705(a), Feb. 7, 2014, 128 Stat. 767, 768.

Amendments

2018—Subsec. (b)(3). Pub. L. 115–334, § 2601(1), inserted “that negatively affect the agricultural uses and conservation values” after “uses of that land”.

Subsec. (b)(4). Pub. L. 115–334, § 2601(2), substituted “restoring or conserving” for “restoring and conserving”.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2022 · leading case: TransWest Express LLC v. Perdue (D. Colo. 2021).
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TransWest Express LLC v. Perdue (D. Colo. 2021). “First, TransWest seeks review of NRCS’s approval and funding of the Conservation Easement, which TransWest alleged occurred in violation of NEPA, the Agricultural Conservation Easement Program (“ACEP”), 16 U.S.C. § 3865 , et. seq., and NRCS’s own regulations under the Farm and…”
Cardinal Land Conservancy, Inc. v. United States Dep't of Agric. (S.D. Ohio 2022). “16 U.S.C. § 3865 et. seq.; (Doc. 29-2 PageID 525).”
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