Federal · Title 16 — Conservation

16 U.S.C. § 3839bb: Terminal lakes assistance

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that a landowner voluntarily agrees to sell to a State; and is ineligible for enrollment as a wetland reserve easement established under the agricultural conservation easement program under subtitle H 1 of the Food Security Act of 1985; 1 See References in Text note below. an average depth of at least 6.5 feet; or a level below which the State determines the management of the water level is beyond the control of the State or landowner; or is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding); is located within a watershed with water rights available for lease or purchase; and to produce crops or hay; or as livestock pasture or grazing. The term “program” means the voluntary land purchase program established under this section. 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 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. provide grants under subsection (c) for the purchase of eligible land impacted by a terminal lake described in subsection (a)(3)(A); and 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). 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. 50 percent of the total purchase price per acre of the eligible land; or in the case of eligible land that was used to produce crops or hay, $400 per acre; and in the case of eligible land that was pasture or grazing land, $200 per acre. 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. 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. conveyed in fee simple to the State; and free from mortgages or other liens at the time title is transferred; to maintain ownership of the eligible land in perpetuity; 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 to keep eligible land in a conserving use, as defined by the Secretary. benefits under title XII of the Food Security Act of 1985 ( 16 U.S.C. 3801 et seq.); benefits under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.); and covered benefits described in section 1001D(b) of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a ). 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. to lease water; to purchase land, water appurtenant to the land, and related interests; and to carry out research, support, and conservation activities for associated fish, wildlife, plant, and habitat resources. 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. 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 . 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 ); section 207 of the Energy and Water Development Appropriations Act, 2003 ( Public Law 108–7 ; 117 Stat. 146 ); section 208 of the Energy and Water Development Appropriations Act, 2006 ( Public Law 109–103 ; 119 Stat. 2268 , 123 Stat. 2856 ); and 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 ). 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. Nothing in this section authorizes any additional funds to carry out this section. Any funds made available to carry out this section before December 20, 2018 , may remain available until expended. The authority provided by this section shall terminate on October 1, 2025 .

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