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 (b)(2), was repealed by Pub.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.

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 L. 110–234 were repealed by section 4(a) of Pub.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.

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.”

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.

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.