§ 3838n. Grassland reserve program
(a)
Establishment and purpose
The Secretary shall establish a grassland reserve program (referred to in this subpart as the “program”) for the purpose of assisting owners and operators in protecting grazing uses and related conservation values by restoring and conserving eligible land through rental contracts, easements, and restoration agreements.
(b)
Enrollment of acreage
(1)
Acreage enrolled
The Secretary shall enroll an additional 1,220,000 acres of eligible land in the program during fiscal years 2009 through 2012.
(2)
Methods of enrollment
The Secretary shall enroll eligible land in the program through the use of;
(A)
a 10-year, 15-year, or 20-year rental contract;
(B)
a permanent easement; or
(C)
in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under the law of that State.
(3)
Limitation
Of the total amount of funds expended under the program to acquire rental contracts and easements described in paragraph (2), the Secretary shall use, to the extent practicable—
(A)
40 percent for rental contacts; and
(B)
60 percent for easements.
(4)
Enrollment of conservation reserve land
(A)
Priority
Upon expiration of a contract under subpart B of part I of this subchapter, the Secretary shall give priority for enrollment in the program to land previously enrolled in the conservation reserve program if—
(i)
the land is eligible land, as defined in subsection (c); and
(ii)
the Secretary determines that the land is of high ecological value and under significant threat of conversion to uses other than grazing.
(B)
Maximum enrollment
The number of acres of land enrolled under the priority described in subparagraph (A) in a calendar year shall not exceed 10 percent of the total number of acres enrolled in the program in that calendar year.
(c)
Eligible land defined
For purposes of the program, the term “eligible land” means private or tribal land that—
(1)
is grassland, land that contains forbs, or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;
(2)
is located in an area that has been historically dominated by grassland, forbs, or shrubland, and the land—
(A)
could provide habitat for animal or plant populations of significant ecological value if the land—
(i)
is retained in its current use; or
(ii)
is restored to a natural condition;
(B)
contains historical or archaeological resources; or
(C)
would address issues raised by State, regional, and national conservation priorities; or
(3)
is incidental to land described in paragraph (1) or (2), if the incidental land is determined by the Secretary to be necessary for the efficient administration of a rental contract or easement under the program.
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