§1924. Soil and water conservation and protection

(a) In general

Loans may also be made or insured under this subchapter for soil and water conservation and protection. Such loans may be made to farm owners or tenants who are eligible borrowers under this subchapter for-

(1) the installation of conservation structures, including terraces, sod waterways, permanently vegetated stream borders and filter strips, windbreaks (tree or grass), shelterbelts, and living snow fences;

(2) the establishment of forest cover for sustained yield timber management, erosion control, or shelterbelt purposes;

(3) the establishment or improvement of permanent pasture;

(4) the conversion to and maintenance of sustainable agricultural production systems, as described by Department technical guides and handbooks;

(5) the payment of costs of complying with section 3812 of title 16; and

(6) other purposes consistent with plans for soil and water conservation, integrated farm management, water quality protection and enhancement, and wildlife habitat improvement.

(b) Priority

In making or guaranteeing loans under this subsection,¹ the Secretary shall give priority to producers who use such loans to build conservation structures or establish conservation practices to comply with section 3812 of title 16.

(c) Loan maximum

The Secretary shall not make or insure a loan under this section that exceeds the lesser of-

(1) the value of the farm or other security for such loan; or

(2) $50,000.

( Pub. L. 87–128, title III, §304, Aug. 8, 1961, 75 Stat. 308 ; Pub. L. 90–488, §2, Aug. 15, 1968, 82 Stat. 770 ; Pub. L. 92–419, title I, §102, Aug. 30, 1972, 86 Stat. 657 ; Pub. L. 95–334, title I, §102, Aug. 4, 1978, 92 Stat. 421 ; Pub. L. 101–624, title XVIII, §1802(a), Nov. 28, 1990, 104 Stat. 3817 ; Pub. L. 102–237, title V, §501(a), Dec. 13, 1991, 105 Stat. 1865 ; Pub. L. 104–127, title VI, §603, Apr. 4, 1996, 110 Stat. 1085 .)

Amendments

1996-Pub. L. 104–127, §603(2), inserted section catchline.

Subsec. (a). Pub. L. 104–127, §603(2), (5), redesignated subsec. (a)(1) as (a), inserted heading, and redesignated subpars. (A) to (F) as pars. (1) to (6), respectively. Former pars. (2) and (3) redesignated subsecs. (b) and (c), respectively.

Subsec. (b). Pub. L. 104–127, §603(1), (3), redesignated subsec. (a)(2) as (b), inserted heading, substituted "guaranteeing loans" for "insuring loans", and struck out former subsec. (b) which read as follows: "Loans may also be made or insured under this subchapter to residents of rural areas without regard to the requirements of clauses (2) and (3) of section 1922 of this title to acquire or establish in rural areas small business enterprises to provide such residents with essential income."

Subsec. (c). Pub. L. 104–127, §603(1), (4), (6), redesignated subsec. (a)(3) as (c), inserted heading, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, and struck out former subsec. (c) which read as follows: "Loans may also be made or insured under this subchapter to any farm owners or tenants without regard to the requirements of clauses (1), (2), and (3) of section 1922 of this title for the purposes of meeting Federal, State, or local requirements for agricultural, animal, or poultry waste pollution abatement and control facilities, including the construction, modification, or relocation of farm or other structures necessary to comply with such pollution abatement requirements."

1991-Subsecs. (a), (d). Pub. L. 102–237 redesignated subsec. (d) as (a) and moved it to appear before subsec. (b) and struck out former subsec. (a) which read as follows: "Loans may also be made or insured under this subchapter to any farmowners or tenants without regard to the requirements of section 1922(1), (2), and (3) of this title for the purposes only of land and water development, use and conservation, not including recreational uses and facilities, and without regard to the requirements of section 1922(2) and (3) of this title, to farmowners or tenants to finance outdoor recreational enterprises or to convert to recreational uses their farming or ranching operations, including those heretofore financed under this chapter."

1990-Subsec. (d). Pub. L. 101–624 added subsec. (d).

1978-Subsec. (a). Pub. L. 95–334, §102(1), struck out "individual" after "title, to".

Subsec. (c). Pub. L. 95–334, §102(2), added subsec. (c).

1972-Pub. L. 92–419 designated existing provisions as subsec. (a) and struck out item (a) and (b) designations appearing before "to any farmowner" and "without regard to", respectively, and added subsec. (b).

1968-Pub. L. 90–488 designated existing provisions as cl. (a), excluded recreational uses and facilities, and added cl. (b).

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–237 effective as if included in the provision of the Food, Agriculture, Conservation, and Trade Act of 1990, Pub. L. 101–624, to which the amendment relates, see section 1101(b)(3) of Pub. L. 102–237, set out as a note under section 1421 of this title.

Transfer of Functions

Powers, duties, and assets of agencies, offices, and other entities within Department of Agriculture relating to rural development functions transferred to Rural Development Administration by section 2302(b) of Pub. L. 101–624.

Section Referred to in Other Sections

This section is referred to in sections 917, 1923, 1925, 1934, 1991, 6613 of this title.

¹ So in original. Probably should be "this section,".