republic-os/legal/us/code/title-16/chapter-58/section-3839bb-5.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	16 U.S.C. § 3839bb–5	Voluntary public access and habitat incentive program	us	united_states_code	code_section	16	CONSERVATION	58	ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM	3839bb–5	16 U.S.C. § 3839bb–5	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip	/us/usc/t16/s3839bb–5	data/legal/raw/us/code/title-16/usc16.xml	243b2518b21077c11c92629215b5ea39ba0d2c9c17c088321e5dfe618fe435ec	7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503	9be2a3670ed7e174c24fb99902ea6a539505c2bc0a0284d3026c8c372d24010b	2026-07-04	official	legal us-code

16 U.S.C. § 3839bb–5 - Voluntary public access and habitat incentive program

Text

(a) Establishment The Secretary shall establish a voluntary public access program under which States and tribal governments may apply for funding to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make that land available for access by the public for wildlife-dependent recreation, including hunting or fishing under programs administered by the States and tribal governments.

(b) Applications In submitting applications for funding under the program, a State or tribal government shall describe—

(1) the benefits that the State or tribal government intends to achieve by encouraging public access to private farm and ranch land for—

(A) hunting and fishing; and

(B) to the maximum extent practicable, other recreational purposes; and

(2) the methods that will be used to achieve those benefits.

(c) Priority In approving applications and awarding funding under the program, the Secretary shall give priority to States and tribal governments that propose—

(1) to maximize participation by offering a program the terms of which are likely to meet with widespread acceptance among landowners;

(2) to ensure that land enrolled under the State or tribal government program has appropriate wildlife habitat;

(3) to strengthen wildlife habitat improvement efforts on land enrolled in a conservation reserve enhancement program under section 3831a of this title or on land covered by a wetland reserve easement under section 3865c of this title by providing incentives to increase public hunting and other recreational access on that land;

(4) to use additional Federal, State, tribal government, or private resources in carrying out the program; and

(5) to make available to the public the location of land enrolled.

(d) Relationship to other laws (1) No preemption Nothing in this section preempts a State or tribal government law, including any State or tribal government liability law.

(2) Effect of inconsistent opening dates for migratory bird hunting The Secretary shall reduce by 25 percent the amount of funding otherwise determined for a State under the program if the opening dates for migratory bird hunting in the State are not consistent for residents and non-residents.

(e) Regulations The Secretary shall promulgate such regulations as are necessary to carry out this section.

(f) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012, $40,000,000 for the period of fiscal years 2014 through 2018, $50,000,000 for the period of fiscal years 2019 through 2023, $10,000,000 for fiscal year 2024, and $70,000,000 for the period of fiscal years 2025 through 2031.

(2) Enhanced public access to wetland reserve easements To the maximum extent practicable, of the funds made available under paragraph (1), the Secretary shall use $3,000,000 for the period of fiscal years 2019 through 2023 to encourage public access to land covered by wetland reserve easements under section 3865c of this title through agreements with States and tribal governments under this section.

(3) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2013.

(Pub. L. 99–198, title XII, § 1240R, as added Pub. L. 110–234, title II, § 2606, May 22, 2008, 122 Stat. 1070, and Pub. L. 110–246, § 4(a), title II, § 2606, June 18, 2008, 122 Stat. 1664, 1798; amended Pub. L. 112–240, title VII, § 701(c)(2), Jan. 2, 2013, 126 Stat. 2363; Pub. L. 113–79, title II, § 2503(a), Feb. 7, 2014, 128 Stat. 751; Pub. L. 115–334, title II, §§ 2202(b)(1), 2406, Dec. 20, 2018, 132 Stat. 4537, 4573; Pub. L. 118–22, div. B, title I, § 102(d)(1)(B), Nov. 17, 2023, 137 Stat. 116; Pub. L. 119–21, title I, § 10601(d), July 4, 2025, 139 Stat. 108.)

Notes

Editorial Notes

References in TextSection 3834(f)(4) of this title, referred to in subsec. (c)(3), was redesignated as section 3834(g)(2) of this title by Pub. L. 113–79, title II, §§ 2005(b)(2), (e)(3), Feb. 7, 2014, 128 Stat. 718, 719.

Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Amendments2025—Subsec. (f)(1). Pub. L. 119–21 substituted “2023,” for “2023, and” and inserted “, and $70,000,000 for the period of fiscal years 2025 through 2031” before period at end. 2023—Subsec. (f)(1). Pub. L. 118–22 struck out “and” after “through 2018,” and inserted “, and $10,000,000 for fiscal year 2024” after “through 2023”. 2018—Subsec. (a). Pub. L. 115–334, § 2406(1), substituted “funding” for “grants”. Subsec. (b). Pub. L. 115–334, § 2406(2), substituted “funding” for “a grant” in introductory provisions. Subsec. (c). Pub. L. 115–334, § 2406(1), substituted “funding” for “grants” in introductory provisions. Subsec. (c)(3). Pub. L. 115–334, § 2406(3), inserted “or on land covered by a wetland reserve easement under section 3865C of this title” before “by providing”. Pub. L. 115–334, § 2202(b)(1), substituted “a conservation reserve enhancement program under section 3831a of this title” for “a special conservation reserve enhancement program described in section 3834(f)(4) of this title”. Subsec. (d)(2). Pub. L. 115–334, § 2406(2), substituted “funding” for “a grant”. Subsec. (f)(1). Pub. L. 115–334, § 2406(4)(A), substituted “2009 through 2012,” for “2009 through 2012 and” and inserted “, and $50,000,000 for the period of fiscal years 2019 through 2023” before period at end. Subsec. (f)(2), (3). Pub. L. 115–334, § 2406(4)(B), (C), added par. (2) and redesignated former par. (2) as (3). 2014—Subsec. (f)(1). Pub. L. 113–79, in heading, substituted “Mandatory funding” for “Fiscal years 2009 through 2012” and in text, inserted “and $40,000,000 for the period of fiscal years 2014 through 2018” before period at end. 2013—Subsec. (f). Pub. L. 112–240 added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “Of the funds of the Commodity Credit Corporation, the Secretary shall use, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012.”

Statutory Notes and Related Subsidiaries

Effective Date of 2023 AmendmentAmendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of Title 7, Agriculture.

Effective Date of 2013 AmendmentAmendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of Title 7, Agriculture.

Effective DateEnactment 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 a note under section 8701 of Title 7, Agriculture.