16 U.S.C. § 3833: Duties of the Secretary

share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest, including the cost of fencing and other water distribution practices, if applicable; and the conversion of highly erodible cropland, marginal pastureland, or other eligible lands normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; or the development and management of grasslands for multiple natural resource conservation benefits, including to soil, water, air, and wildlife. are consistent with the conservation of soil, water quality, and wildlife habitat; are subject to appropriate restrictions during the primary nesting season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with Federal or State law; contribute to the health and vigor of the established cover; and are consistent with a site-specific plan, including vegetative management requirements, stocking rates, and frequency and duration of activity, taking into consideration regional differences, such as climate, soil type, and natural resources; and the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor; there is at least a 40 percent loss in forage production in the county; or the Secretary, in coordination with the State technical committee, determines that the program can assist in the response to a natural disaster event without permanent damage to the established cover; emergency grazing on all practices during the primary nesting season if payments are authorized for a county under the livestock forage disaster program under clause (ii) of section 9081(c)(3)(D) of title 7 , at 50 percent of the normal carrying capacity determined under clause (i) of that section, adjusted to the site-specific plan; emergency haying on certain practices, outside the primary nesting season, if payments are authorized for a county under the livestock forage disaster program under clause (ii) of section 9081(c)(3)(D) of title 7 , on not more than 50 percent of contract acres, as identified in the site-specific plan; grazing of all practices, outside the primary nesting season, if included as a mid-contract management practice under section 3832(a)(5) of this title ; does not destroy the permanent vegetative cover; and retains suitable vegetative structure for wildlife cover and shelter outside the primary nesting season; or grazing on all practices, outside the primary nesting season, if conducted by a beginning farmer or rancher; or grazing not more frequently than every other year on the same land, except that during the primary nesting season, grazing shall be subject to a 50 percent reduction in the stocking rate specified in the site-specific plan; grazing of all practices during the primary nesting season, with a 50 percent reduction in the stocking rate specified in the site-specific plan; is completed outside the primary nesting season; occurs not more than once every 3 years; and maintains 25 percent of the total contract acres unharvested, in accordance with a site-specific plan that provides for wildlife cover and shelter; annual grazing outside the primary nesting season if consistent with a site-specific plan that is authorized for the control of invasive species; and the location, size, and other physical characteristics of the land; the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and the purposes of the conservation reserve program under this subpart. The Secretary may permit haying or grazing in accordance with paragraph (1) on any land or practice subject to a contract under the conservation reserve program. Haying or grazing described in paragraph (1) shall not be permitted on land subject to a contract under the conservation reserve program, or under a particular practice, if haying or grazing for that year under that practice, as applicable, would cause long-term damage to vegetative cover on that land. land covered by a contract enrolled under the State acres for wildlife enhancement program established by the Secretary; or land covered by a contract enrolled under a conservation reserve enhancement program established under section 3831a of this title or the Conservation Reserve Enhancement Program established by the Secretary under this subpart. Subclause (I) shall not apply to land on which haying or grazing is specifically permitted under the applicable conservation reserve enhancement program agreement or other partnership agreement entered into under this subpart. Common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species appropriate to that locality. Haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the nesting season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with Federal or State law, as determined by the Secretary in consultation with the State technical committee. Fire presuppression, fire-related rehabilitation, and construction of fire breaks. Grazing-related activities, such as fencing and livestock watering. Beginning on the date that is 1 year before the date of termination of a contract under the program, the Secretary shall allow an owner or operator to make conservation and land improvements for economic use that facilitate maintaining protection of enrolled land after expiration of the contract. The Secretary shall require an owner or operator carrying out the activities described in paragraph (1) to develop and implement a conservation plan. Land improved under paragraph (1) may not be re-enrolled in the conservation reserve program for 5 years after the date of termination of the contract. In the case of an activity carried out under paragraph (1), the Secretary shall reduce the payment otherwise payable under the contract by an amount commensurate with the economic value of the activity. In the case of a natural disaster or adverse weather event that has the effect of a management practice consistent with the conservation plan, the Secretary shall not require further management practices pursuant to section 3832(a)(5) of this title that are intended to achieve the same effect.