16 U.S. Code § 3839a - Duties of owners; components of plan

Status message

There is 1 Update Pending. Select the tab below to view.
(a) Duties of owners
(1) Plan
In conjunction with the creation of an easement on any lands under this part, the owner of the farm or ranch wherein such lands are located must agree to implement a natural resource conservation management plan under subsection (b) of this section approved by the Secretary in consultation with the Secretary of the Interior.
(2) Agreement
In return for the creation of an easement on any lands under this part, the owner of the farm or ranch wherein such lands are located must agree to the following:
(A) To the creation and recordation of an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to under this part with respect to such lands.
(B) To provide a written statement of consent to such easement signed by those holding a security interest in the land.
(C) To comply with such additional provisions as the Secretary determines are desirable and are included in the easement to carry out this part or to facilitate the practical administration thereof.
(D) To specify the location of any timber harvesting on land subject to the easement. Harvesting and commercial sales of Christmas trees and nuts shall be prohibited on such land, except that no such easement or related agreement shall prohibit activities consistent with customary forestry practices, such as pruning, thinning, or tree stand improvement on lands converted to forestry uses.
(E) To limit the production of any agricultural commodity on such lands only to production for the benefit of wildlife.
(F) Not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the easement unless specifically provided for in the easement or related agreement.
(G) Not to adopt any other practice that would tend to defeat the purposes of this part, as determined by the Secretary.
(3) Violation
On the violation of the terms or conditions of the easement or related agreement entered into under this section, the easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under this part, together with interest thereon as determined appropriate by the Secretary.
(b) Components of plan
The natural resource conservation management plan referred to in subsection (a)(1) of this section (hereafter referred to as the “plan”)—
(1) shall set forth—
(A) the conservation measures and practices to be carried out by the owner of the land subject to the easement; and
(B) the commercial use, if any, to be permitted on such land during the term of the easement; and
(2) shall provide for the permanent retirement of any existing cropland base and allotment history for such land under any program administered by the Secretary.


(Pub. L. 99–198, title XII, § 1239A, as added Pub. L. 101–624, title XIV, § 1440,Nov. 28, 1990, 104 Stat. 3597.)

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

16 USCDescription of ChangeSession YearPublic LawStatutes at Large
§ 3839arepealed2014113-79 [Sec.] 2711128 Stat. 771


LII has no control over and does not endorse any external Internet site that contains links to or references LII.