16 USC 3839bb-6 - Terminal lakes assistance

United States Code

USC most recently checked for updates: Sep 17, 2024

§ 3839bb-5. Voluntary public access and habitat incentive program

Subchapter V - FUNDING AND ADMINISTRATION

U.S. Code
Notes

§ 3839bb–6.

Terminal lakes assistance

(a)

Definitions

In this section:

(1)

Eligible land

The term “eligible land” means privately owned agricultural land (including land in which a State has a property interest as a result of State water law)—

(A)

that a landowner voluntarily agrees to sell to a State; and

(B)

which—

(i)

(I)

is ineligible for enrollment as a wetland reserve easement established under the agricultural conservation easement program under subtitle H 1

 See References in Text note below.

of the Food Security Act of 1985;

(II)

is flooded to—

(aa)

an average depth of at least 6.5 feet; or

(bb)

a level below which the State determines the management of the water level is beyond the control of the State or landowner; or

(III)

is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding);

(ii)

is located within a watershed with water rights available for lease or purchase; and

(iii)

has been used during at least 5 of the immediately preceding 30 years—

(I)

to produce crops or hay; or

(II)

as livestock pasture or grazing.

(2)

Program

The term “program” means the voluntary land purchase program established under this section.

(3)

Terminal lake

The term “terminal lake” means a lake and its associated riparian and watershed resources that is—

(A)

considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded; or

(B)

considered terminal because it has no natural outlet and is at risk due to a history of consistent Federal assistance to address critical resource conditions, including insufficient water available to meet the needs of the lake, general uses, and water rights.

(b)

Assistance

The Secretary shall—

(1)

provide grants under subsection (c) for the purchase of eligible land impacted by a terminal lake described in subsection (a)(3)(A); and

(2)

provide funds to the Secretary of the Interior pursuant to subsection (e)(2) with assistance in accordance with subsection (d) for terminal lakes described in subsection (a)(3)(B).

(c)

Land purchase grants

(1)

In general

Using funds provided under subsection (e)(1), the Secretary shall make available land purchase grants to States for the purchase of eligible land in accordance with this subsection.

(2)

Implementation

(A)

Amount

A land purchase grant shall be in an amount not to exceed the lesser of—

(i)

50 percent of the total purchase price per acre of the eligible land; or

(ii)

(I)

in the case of eligible land that was used to produce crops or hay, $400 per acre; and

(II)

in the case of eligible land that was pasture or grazing land, $200 per acre.

(B)

Determination of purchase price

A State purchasing eligible land with a land purchase grant shall ensure, to the maximum extent practicable, that the purchase price of such land reflects the value, if any, of other encumbrances on the eligible land to be purchased, including easements and mineral rights.

(C)

Cost-share required

To be eligible to receive a land purchase grant, a State shall provide matching non-Federal funds in an amount equal to 50 percent of the amount described in subparagraph (A), including additional non-Federal funds.

(D)

Conditions

To receive a land purchase grant, a State shall agree—

(i)

to ensure that any eligible land purchased is—

(I)

conveyed in fee simple to the State; and

(II)

free from mortgages or other liens at the time title is transferred;

(ii)

to maintain ownership of the eligible land in perpetuity;

(iii)

to pay (from funds other than grant dollars awarded) any costs associated with the purchase of eligible land under this section, including surveys and legal fees; and

(iv)

to keep eligible land in a conserving use, as defined by the Secretary.

(E)

Loss of Federal benefits

(i)

benefits under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.);

(ii)

benefits under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and

(iii)

covered benefits described in section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a).

(F)

Prohibition

Any Federal rights or benefits associated with eligible land prior to purchase by a State may not be transferred to any other land or person in anticipation of or as a result of such purchase.

(d)

Water assistance

(1)

In general

The Secretary of the Interior, acting through the Commissioner of Reclamation, may use the funds described in subsection (e)(2) to administer and provide financial assistance to carry out this subsection to provide water and assistance to a terminal lake described in subsection (a)(3)(B) through willing sellers or willing participants only—

(A)

to lease water;

(B)

to purchase land, water appurtenant to the land, and related interests; and

(C)

to carry out research, support, and conservation activities for associated fish, wildlife, plant, and habitat resources.

(2)

Exclusions

The Secretary of the Interior may not use this subsection to deliver assistance to the Great Salt Lake in Utah, lakes that are considered dry lakes, or other lakes that do not meet the purposes of this section, as determined by the Secretary of the Interior.

(3)

Transitional provision

(A)

In general

Notwithstanding any other provision of this section, any funds made available before February 7, 2014, under a provision of law described in subparagraph (B) shall remain available using the provisions of law (including regulations) in effect on the day before February 7, 2014.

(B)

Described laws

The provisions of law described in this section are—

(i)

section 2507 of the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107–171) (as in effect on the day before February 7, 2014);

(ii)

section 207 of the Energy and Water Development Appropriations Act, 2003 (Public Law 108–7; 117 Stat. 146);

(iii)

section 208 of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2268, 123 Stat. 2856); and

(iv)

section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2858, 123 Stat. 2967, 125 Stat. 867).

(e)

Funding

(1)

Commodity Credit Corporation

As soon as practicable after February 7, 2014, the Secretary shall transfer to the “Bureau of Reclamation—Water and Related Resources” account $150,000,000 from the funds of the Commodity Credit Corporation to carry out subsection (d), to remain available until expended.

(2)

No additional funds

(A)

In general

Nothing in this section authorizes any additional funds to carry out this section.

(B)

Availability of funds

Any funds made available to carry out this section before December 20, 2018, may remain available until expended.

(f)

Termination of authority

The authority provided by this section shall terminate on October 1, 2025.

(Pub. L. 107–171, title II, § 2507, May 13, 2002, 116 Stat. 275; Pub. L. 110–234, title II, § 2807, May 22, 2008, 122 Stat. 1090; Pub. L. 110–246, § 4(a), title II, § 2807, June 18, 2008, 122 Stat. 1664, 1818; Pub. L. 111–85, title II, § 207, Oct. 28, 2009, 123 Stat. 2858; Pub. L. 112–74, div. B, title II, § 208(a), Dec. 23, 2011, 125 Stat. 866; Pub. L. 113–79, title II, § 2507, Feb. 7, 2014, 128 Stat. 753; Pub. L. 115–334, title II, § 2821(d), Dec. 20, 2018, 132 Stat. 4603; Pub. L. 117–361, § 1, Jan. 5, 2023, 136 Stat. 6294.)

cite as: 16 USC 3839bb-6