1. (a) In general In return for the granting of an easement by an owner under this subpart, the Secretary shall—

   1. (1) share the cost of carrying out the establishment of conservation measures and practices, and the protection of the wetland functions and values, including necessary maintenance activities, as set forth in the plan to the extent that the Secretary determines that cost sharing is appropriate and in the public interest; and
   2. (2) provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the plan.

2. (b) Cost-share and technical assistance

   1. (1) Easements Effective beginning October 1, 1996, in making cost-share payments under subsection (a)(1) of this section, the Secretary shall—

      1. (A) in the case of a permanent easement, pay the owner an amount that is not less than 75 percent, but not more than 100 percent, of the eligible costs; and
      2. (B) in the case of a 30-year easement, pay the owner an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs.
   2. (2) Restoration cost-share agreements In making cost-share payments in connection with a restoration cost-share agreement entered into under section 3837a(h) ¹ of this title, the Secretary shall pay the owner an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs.
   3. (3) Technical assistance The Secretary shall provide owners with technical assistance to assist owners in complying with the terms of easements and restoration cost-share agreements.

3. (c) Ranking of offers

   1. (1) Conservation benefits and funding considerations When evaluating offers from landowners, the Secretary may consider—

      1. (A) the conservation benefits of obtaining an easement or other interest in the land;
      2. (B) the cost-effectiveness of each easement or other interest in eligible land, so as to maximize the environmental benefits per dollar expended; and
      3. (C) whether the landowner or another person is offering to contribute financially to the cost of the easement or other interest in the land to leverage Federal funds.

   2. (2) Additional considerations In determining the acceptability of easement offers, the Secretary may take into consideration—

      1. (A) the extent to which the purposes of the easement program would be achieved on the land;
      2. (B) the productivity of the land; and
      3. (C) the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities.
4. (d) Easement priority In carrying out this subpart, to the extent practicable, taking into consideration costs and future agricultural and food needs, the Secretary shall give priority to obtaining permanent conservation easements before shorter term conservation easements and, in consultation with the Secretary of the Interior, shall place priority on acquiring easements based on the value of the easement for protecting and enhancing habitat for migratory birds and other wildlife.

(Pub. L. 99–198, title XII, § 1237C, as added Pub. L. 101–624, title XIV, § 1438, Nov. 28, 1990, 104 Stat. 3587; amended Pub. L. 104–127, title III, § 333(e), Apr. 4, 1996, 110 Stat. 996; Pub. L. 110–234, title II, § 2207, May 22, 2008, 122 Stat. 1039; Pub. L. 110–246, § 4(a), title II, § 2207, June 18, 2008, 122 Stat. 1664, 1767.)

References in Text Section 3837a(h) of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 107–171, title II, § 2203, May 13, 2002, 116 Stat. 252.

Codification 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.

Amendments 2008—Subsec. (a)(1). Pub. L. 110–246, § 2207(1), inserted “including necessary maintenance activities,” after “values,”.

Subsec. (c). Pub. L. 110–246, § 2207(2), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “In determining the acceptability of easement offers, the Secretary may take into consideration—

“(1) the extent to which the purposes of the easement program would be achieved on the land;

“(2) the productivity of the land; and

“(3) the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities.”

1996—Subsec. (b). Pub. L. 104–127 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “In making cost share payments under subsection (a)(1) of this section, the Secretary shall pay the owner an amount that is not less than 50 percent but not more than 75 percent of eligible costs with respect to an easement which is not permanent, and not less than 75 percent but not more than 100 percent of eligible costs with respect to a permanent easement.”

Effective Date of 2008 Amendment 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.

Effect of 1996 Amendments on Existing Agreements Amendments made by section 333 of Pub. L. 104–127 not to affect validity or terms of agreements entered into by Secretary of Agriculture under this subpart before Apr. 4, 1996, or payments required to be made in connection with such agreements, see section 333(f) of Pub. L. 104–127, set out as a note under section 3837 of this title.

¹ See References in Text note below.