2011 US Code
Title 16 - Conservation
Chapter 58 - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM (§§ 3801 - 3862)
Subchapter IV - AGRICULTURAL RESOURCES CONSERVATION PROGRAM (§§ 3830 - 3839bb-5)
Part V - Other Conservation Programs (§§ 3839bb - 3839bb-5)
Section 3839bb-1 - Wildlife habitat incentive program

The Secretary, in consultation with the State technical committees established under section 3861 of this title, shall establish within the Natural Resources Conservation Service a program to be known as the wildlife habitat incentive program (referred to in this section as the “program”) for the development of wildlife habitat on private agricultural land, nonindustrial private forest land, and tribal lands.

Under the program, the Secretary shall make cost-share payments to owners of lands referred to in subsection (a) to develop—

(A) upland wildlife habitat;

(B) wetland wildlife habitat;

(C) habitat for threatened and endangered species;

(D) fish habitat; and

(E) other types of wildlife habitat approved by the Secretary, including habitat developed on pivot corners and irregular areas.

In a case in which the Secretary enters into an agreement or contract to protect and restore plant and animal habitat that has a term of at least 15 years, the Secretary may provide cost-share payments in addition to amounts provided under paragraph (1).

The Secretary may use, for a fiscal year, not more than 25 percent of funds made available under section 3841(a)(7) of this title for the fiscal year to carry out contracts and agreements described in subparagraph (A).

In carrying out this section, the Secretary shall, to the maximum extent practicable, ensure that regional issues of concern relating to wildlife habitat are addressed in an appropriate manner.

In carrying out this section, the Secretary may give priority to projects that would address issues raised by State, regional, and national conservation initiatives.

Payments made to a person or legal entity, directly or indirectly, under the program may not exceed, in the aggregate, $50,000 per year.

(Pub. L. 99–198, title XII, §1240N, as added Pub. L. 107–171, title II, §2502(a), May 13, 2002, 116 Stat. 266; amended Pub. L. 110–234, title II, §2602, May 22, 2008, 122 Stat. 1068; Pub. L. 110–246, §4(a), title II, §2602, June 18, 2008, 122 Stat. 1664, 1796.)

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

2008—Subsec. (a). Pub. L. 110–246, §2602(a)(1), inserted “for the development of wildlife habitat on private agricultural land, nonindustrial private forest land, and tribal lands” before period at end.

Subsec. (b)(1). Pub. L. 110–246, §2602(a)(2), substituted “owners of lands referred to in subsection (a)” for “landowners” in introductory provisions.

Subsec. (b)(1)(E). Pub. L. 110–246, §2602(b), inserted “, including habitat developed on pivot corners and irregular areas” before period at end.

Subsec. (b)(2)(B). Pub. L. 110–246, §2602(c), substituted “25 percent” for “15 percent”.

Subsecs. (d), (e). Pub. L. 110–246, §2602(d), added subsecs. (d) and (e).

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.