[USC04] 16 USC CHAPTER 58, SUBCHAPTER V: FUNDING AND ADMINISTRATION
Result 1 of 1
   
 
16 USC CHAPTER 58, SUBCHAPTER V: FUNDING AND ADMINISTRATION
From Title 16—CONSERVATIONCHAPTER 58—ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM

SUBCHAPTER V—FUNDING AND ADMINISTRATION

Codification

Subtitle E of title XII of the Food Security Act, comprising this subchapter, was originally enacted by Pub. L. 99–198, title XII, Dec. 23, 1985, 99 Stat. 1514, and amended by Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3359; Pub. L. 102–237, Dec. 13, 1991, 105 Stat. 1818; Pub. L. 102–552, Oct. 28, 1992, 106 Stat. 4102; and Pub. L. 104–66, Dec. 21, 1995, 109 Stat. 707. Subtitle E was shown herein, however, as having been added by Pub. L. 104–127, title III, §341, Apr. 4, 1996, 110 Stat. 1007, without reference to the intervening amendments because of the extensive revision of the subtitle's provisions by Pub. L. 104–127. Subsequent amendments to subtitle E have enacted or repealed and reenacted sections throughout the subtitle.

§3841. Commodity Credit Corporation

(a) Annual funding

For each of fiscal years 2014 through 2023, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under this chapter (including the provision of technical assistance):

(1) The conservation reserve program under subpart B of part I of subchapter IV, including, to the maximum extent practicable—

(A) $12,000,000 for the period of fiscal years 2019 through 2023 to provide payments under section 3834(c) of this title; and

(B) $50,000,000 for the period of fiscal years 2019 through 2023, including not more than $5,000,000 to provide outreach and technical assistance, to carry out section 3835(f) of this title to facilitate the transfer of land subject to contracts from contract holders to covered farmers or ranchers, as defined in section 3835(f)(1) of this title.


(2) The agricultural conservation easement program under subchapter VII using to the maximum extent practicable—

(A) $400,000,000 for fiscal year 2014;

(B) $425,000,000 for fiscal year 2015;

(C) $450,000,000 for fiscal year 2016;

(D) $500,000,000 for fiscal year 2017;

(E) $250,000,000 for fiscal year 2018; and

(F) $450,000,000 for each of fiscal years 2019 through 2023.


(3) The programs under part IV of subchapter IV, using, to the maximum extent practicable—

(A) for the environmental quality incentives program under subpart A of part IV of subchapter IV—

(i) $1,750,000,000 for fiscal year 2019;

(ii) $1,750,000,000 for fiscal year 2020;

(iii) $1,800,000,000 for fiscal year 2021;

(iv) $1,850,000,000 for fiscal year 2022; and

(v) $2,025,000,000 for fiscal year 2023; and


(B) for the conservation stewardship program under subpart B of part IV of subchapter IV—

(i) $700,000,000 for fiscal year 2019;

(ii) $725,000,000 for fiscal year 2020;

(iii) $750,000,000 for fiscal year 2021;

(iv) $800,000,000 for fiscal year 2022; and

(v) $1,000,000,000 for fiscal year 2023.


(4) The conservation stewardship program under subpart B of part II of subchapter IV (as in effect on the day before December 20, 2018), using such sums as are necessary to administer contracts entered into before December 20, 2018.

(b) Availability of funds

Amounts made available by subsection (a) for fiscal years 2014 through 2023 shall be used by the Secretary to carry out the programs specified in such subsection and shall remain available until expended.

(c) Technical assistance

(1) Availability

Commodity Credit Corporation funds made available for a fiscal year for each of the programs specified in subsection (a)—

(A) shall be available for the provision of technical assistance for the programs for which funds are made available as necessary to implement the programs effectively;

(B) except for technical assistance for the conservation reserve program under subpart B of part I of subchapter IV, shall be apportioned for the provision of technical assistance in the amount determined by the Secretary, at the sole discretion of the Secretary; and

(C) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) other than the program for which the funds were made available.

(2) Priority

(A) In general

In the delivery of technical assistance under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.), the Secretary shall give priority to producers who request technical assistance from the Secretary in order to comply for the first time with the requirements of subchapter II and subchapter III of this chapter as a result of the amendments made by section 2611 of the Agricultural Act of 2014.

(B) Report

Not later than 270 days after February 7, 2014, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report regarding the extent to which the conservation compliance requirements contained in the amendments made by section 2611 of the Agricultural Act of 2014 apply to and impact specialty crop growers, including national analysis and surveys to determine the extent of specialty crop acreage that includes highly erodible land and wetlands.

(3) Report

Not later than December 31, 2014, the Secretary shall submit (and update as necessary in subsequent years) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report—

(A) detailing the amount of technical assistance funds requested and apportioned in each program specified in subsection (a) during the preceding fiscal year; and

(B) any other data relating to this provision that would be helpful to such Committees.

(4) Compliance report

Not later than November 1 of each year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes—

(A) a description of the extent to which the requests for highly erodible land conservation and wetland compliance determinations are being addressed in a timely manner;

(B) the total number of requests completed in the previous fiscal year;

(C) the incomplete determinations on record; and

(D) the number of requests that are still outstanding more than 1 year since the date on which the requests were received from the producer.

(d) Relationship to other law

The use of Commodity Credit Corporation funds under subsection (c) to provide technical assistance shall not be considered an allotment or fund transfer from the Commodity Credit Corporation for purposes of the limit on expenditures for technical assistance imposed by section 714i of title 15.

(e) Regional equity

(1) Equitable distribution

When determining funding allocations each fiscal year, the Secretary shall, after considering available funding and program demand in each State, provide a distribution of funds for conservation programs under subchapter IV (excluding the conservation reserve program under subpart B of part I), subchapter VII, and subchapter VIII to ensure equitable program participation proportional to historical funding allocations and usage by all States.

(2) Minimum percentage

In determining the specific funding allocations under paragraph (1), the Secretary shall—

(A) ensure that during the first quarter of each fiscal year each State has the opportunity to establish that the State can use an aggregate allocation amount of at least 0.6 percent of the funds made available for those conservation programs; and

(B) for each State that can so establish, provide an aggregate amount of at least 0.6 percent of the funds made available for those conservation programs.

(f) Acceptance and use of contributions

(1) Authority to establish contribution accounts

Subject to paragraph (2), the Secretary may establish a sub-account for each conservation program administered by the Secretary under subchapter IV to accept contributions of non-Federal funds to support the purposes of the program.

(2) Deposit and use of contributions

Contributions of non-Federal funds received for a conservation program administered by the Secretary under subchapter IV shall be deposited into the sub-account established under this subsection for the program and shall be available to the Secretary, without further appropriation and until expended, to carry out the program.

(g) Allocations review and update

(1) Review

Not later than 1 year after December 20, 2018, the Secretary, acting through the Chief of the Natural Resources Conservation Service and the Administrator of the Farm Service Agency, shall conduct a review of conservation programs and authorities under this chapter that utilize annual allocation formulas to determine the sufficiency of the formulas in accounting for relevant data on local natural resource concerns, resource inventories, evaluations and reports, recommendations from State technical committees established under section 3861(a) of this title, State-level economic factors, level of agricultural infrastructure, or related factors that affect conservation program costs.

(2) Update

The Secretary shall improve conservation program allocation formulas as necessary to ensure that—

(A) the formulas adequately reflect the costs of carrying out the conservation programs;

(B) to the maximum extent practicable, local natural resource concerns are considered a leading factor in determining annual funding allocation to States;

(C) the process used at the national level to evaluate State budget proposals and to allocate funds is reviewed annually to assess the effect of allocations in addressing identified natural resource priorities and objectives; and

(D) the allocation of funds to States addresses priority natural resource concerns and objectives.

(h) Assistance to certain farmers or ranchers for conservation access

(1) Assistance

(A) Fiscal years 2009 through 2018

Of the funds made available for each of fiscal years 2009 through 2018 to carry out the environmental quality incentives program and the acres made available for each of such fiscal years to carry out the conservation stewardship program, the Secretary shall use, to the maximum extent practicable—

(i) 5 percent to assist beginning farmers or ranchers; and

(ii) 5 percent to assist socially disadvantaged farmers or ranchers.

(B) Fiscal years 2019 through 2023

Of the funds made available for each of fiscal years 2019 through 2023 to carry out the environmental quality incentives program under subpart A of part IV of subchapter IV and the conservation stewardship program under subpart B of part IV of subchapter IV, the Secretary shall use, to the maximum extent practicable—

(i) 5 percent to assist beginning farmers or ranchers; and

(ii) 5 percent to assist socially disadvantaged farmers or ranchers.

(2) Repooling of funds

In any fiscal year, amounts not obligated under paragraph (1) by a date determined by the Secretary shall be available for payments and technical assistance to all persons eligible for payments or technical assistance in that fiscal year under the environmental quality incentives program and, in the case of fiscal years 2019 through 2023, under the conservation stewardship program under subpart B of part IV of subchapter IV.

(3) Repooling of acres

In any fiscal year through fiscal year 2018, acres not obligated under paragraph (1)(A) by a date determined by the Secretary shall be available for use in that fiscal year under the conservation stewardship program.

(4) Preference

In providing assistance under paragraph (1), the Secretary shall give preference to a veteran farmer or rancher (as defined in section 2279(e) 1 of title 7) that qualifies under, as applicable, clause (i) or (ii) of paragraph (1)(A) or clause (i) or (ii) of paragraph (1)(B).

(i) Report on program enrollments and assistance

Not later than December 15 of each of calendar years 2019 through 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report containing statistics by State related to enrollments in conservation programs under this chapter, as follows:

(1) The annual and current cumulative activity reflecting active agreement and contract enrollment statistics.

(2) Secretarial exceptions, waivers, and significant payments, including—

(A) payments made under the agricultural conservation easement program for easements valued at $250,000 or greater;

(B) payments made under the regional conservation partnership program subject to the waiver of adjusted gross income limitations pursuant to section 3871c(c)(3) of this title;

(C) waivers granted by the Secretary under section 1308–3a(b)(3) of title 7;

(D) exceptions and activity associated with section 3839aa–2(h)(2) of this title; and

(E) exceptions provided by the Secretary under section 3865b(b)(2)(B)(ii) of this title.

(j) Conservation standards and requirements

(1) In general

Subject to the requirements of this chapter, the Natural Resources Conservation Service shall serve as the lead agency in developing and establishing technical standards and requirements for conservation programs carried out under this chapter, including—

(A) standards for conservation practices under this chapter;

(B) technical guidelines for implementing conservation practices under this chapter, including the location of the conservation practices; and

(C) standards for conservation plans.

(2) Consistency of farm service agency technical standards and payment rates

The Administrator of the Farm Service Agency shall ensure that—

(A) technical standards of programs administered by the Farm Service Agency are consistent with the technical standards established by the Natural Resources Conservation Service under paragraph (1); and

(B) payment rates, to the extent practicable, are consistent between the Farm Service Agency and the Natural Resources Conservation Service.

(Pub. L. 99–198, title XII, §1241, as added Pub. L. 107–171, title II, §2701, May 13, 2002, 116 Stat. 278; amended Pub. L. 108–7, div. N, title II, §§213, 216(c), Feb. 20, 2003, 117 Stat. 545, 546; Pub. L. 108–11, title II, §2106(a), Apr. 16, 2003, 117 Stat. 590; Pub. L. 108–199, div. H, §101, Jan. 23, 2004, 118 Stat. 434; Pub. L. 108–324, div. B, §101(e), Oct. 13, 2004, 118 Stat. 1235; Pub. L. 108–498, §1(a), Dec. 23, 2004, 118 Stat. 4020; Pub. L. 109–171, title I, §§1202(b), 1203(c), Feb. 8, 2006, 120 Stat. 5, 6; Pub. L. 110–234, title II, §§2701–2705, May 22, 2008, 122 Stat. 1071–1074; Pub. L. 110–246, §4(a), title II, §§2701–2705, June 18, 2008, 122 Stat. 1664, 1799-1802; Pub. L. 112–55, div. A, title VII, §716(d)–(f), Nov. 18, 2011, 125 Stat. 582; Pub. L. 113–76, div. A, title VII, §750(b), Jan. 17, 2014, 128 Stat. 42; Pub. L. 113–79, title II, §§2601–2605, Feb. 7, 2014, 128 Stat. 756–759; Pub. L. 115–123, div. F, §60102(b), Feb. 9, 2018, 132 Stat. 312; Pub. L. 115–334, title II, §2501, title XII, §12306(g), Dec. 20, 2018, 132 Stat. 4576, 4970.)

References in Text

This chapter, referred to in subsecs. (a), (c)(2)(A), (g)(1), (i), and (j)(1), was in the original "this title", meaning title XII of Pub. L. 99–198, which enacted this chapter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7.

Part IV of subchapter IV, referred to in subsec. (a)(3), was in the original "chapter 4" or "that chapter", and was translated as meaning "chapter 4 of subtitle D", meaning chapter 4 of subtitle D of title XII of Pub. L. 99–198, which is classified generally to part IV (§3839aa et seq.) of subchapter IV of this chapter, to reflect the probable intent of Congress.

Section 2611 of the Agricultural Act of 2014, referred to in subsec. (c)(2), is section 2611 of Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 762, which amended sections 3811, 3812, 3812a, and 3821 of this title.

The Soil Conservation and Domestic Allotment Act, referred to in subsec. (c)(2)(A), is act Apr. 27, 1935, ch. 85, 49 Stat. 163, which is classified generally to chapter 3B (§590a et seq.) of this title. For complete classification of this Act to the Code, see section 590q of this title and Tables.

Section 2279(e) of title 7, referred to in subsec. (h)(4), was redesignated section 2279(a) of Title 7, Agriculture, by Pub. L. 115–334, title XII, §12301(b)(3), Dec. 20, 2018, 132 Stat. 4951.

Codification

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.

Section 2701 of Pub. L. 107–171, which directed that subtitle E of the Food Security Act of 1985 be amended by striking section 1241 and adding a new section 1241 (this section), was executed by striking section 1241 of subtitle E of title XII of the Food Security Act of 1985 and adding the new section 1241 in lieu thereof, to reflect the probable intent of Congress.

Prior Provisions

A prior section 3841, Pub. L. 99–198, title XII, §1241, as added Pub. L. 104–127, title III, §341, Apr. 4, 1996, 110 Stat. 1007, related to funding for the Commodity Credit Corporation, prior to repeal by Pub. L. 107–171, title II, §2701, May 13, 2002, 116 Stat. 278. See Codification note above.

Another prior section 3841, Pub. L. 99–198, title XII, §1241, Dec. 23, 1985, 99 Stat. 1514, related to use of Commodity Credit Corporation, prior to the general amendment of this subchapter by Pub. L. 104–127.

Amendments

2018—Subsec. (a). Pub. L. 115–334, §2501(a)(1), substituted "2023" for "2018 (and fiscal year 2019 in the case of the program specified in paragraph (5))" in introductory provisions.

Pub. L. 115–123, §60102(b)(1)(A), substituted "2018 (and fiscal year 2019 in the case of the program specified in paragraph (5))" for "2018" in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 115–334, §2501(a)(2)(A), substituted "$12,000,000 for the period of fiscal years 2019 through 2023" for "$10,000,000 for the period of fiscal years 2014 through 2018".

Subsec. (a)(1)(B). Pub. L. 115–334, §12306(g), substituted "covered farmers or ranchers, as defined in section 3835(f)(1) of this title" for "beginning farmers or ranchers and socially disadvantaged farmers or ranchers".

Pub. L. 115–334, §2501(a)(2)(B), substituted "$50,000,000 for the period of fiscal years 2019 through 2023, including not more than $5,000,000 to provide outreach and technical assistance," for "$33,000,000 for the period of fiscal years 2014 through 2018" and "contract holders" for "retired or retiring owners and operators".

Subsec. (a)(2)(F). Pub. L. 115–334, §2501(a)(3), added subpar. (F).

Subsec. (a)(3). Pub. L. 115–334, §2501(a)(4), added par. (3) and struck out former par. (3) which read as follows: "The conservation security program under subpart A of part II of subchapter IV, using such sums as are necessary to administer contracts entered into before September 30, 2008."

Subsec. (a)(4). Pub. L. 115–334, §2501(a)(5), inserted before period at end "(as in effect on the day before December 20, 2018), using such sums as are necessary to administer contracts entered into before December 20, 2018".

Subsec. (a)(5). Pub. L. 115–334, §2501(a)(6), struck out par. (5) which read as follows: "The environmental quality incentives program under part IV of subchapter IV, using, to the maximum extent practicable—

"(A) $1,350,000,000 for fiscal year 2014;

"(B) $1,600,000,000 for fiscal year 2015;

"(C) $1,650,000,000 for fiscal year 2016;

"(D) $1,650,000,000 for fiscal year 2017; and

"(E) $1,750,000,000 for each of fiscal years 2018 through 2019."

Subsec. (a)(5)(E). Pub. L. 115–123, §60102(b)(1)(B), substituted "each of fiscal years 2018 through 2019" for "fiscal year 2018".

Subsec. (b). Pub. L. 115–334, §2501(b), substituted "2023" for "2018 (and fiscal year 2019 in the case of the program specified in subsection (a)(5))".

Pub. L. 115–123, §60102(b)(2), substituted "2018 (and fiscal year 2019 in the case of the program specified in subsection (a)(5))" for "2018".

Subsec. (g)(1). Pub. L. 115–334, §2501(d)(1), substituted "1 year after December 20, 2018, the Secretary, acting through the Chief of the Natural Resources Conservation Service and the Administrator of the Farm Service Agency, shall" for "January 1, 2012, the Secretary shall" and inserted "annual" after "utilize" and "relevant data on local natural resource concerns, resource inventories, evaluations and reports, recommendations from State technical committees established under section 3861(a) of this title," after "accounting for".

Subsec. (g)(2). Pub. L. 115–334, §2501(d)(2), substituted "that—" for "that", inserted subpar. (A) designation before "the formulas" and substituted semicolon for period at end, and added subpars. (B) to (D).

Subsec. (h)(1). Pub. L. 115–334, §2501(e)(1), designated existing provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), added subpar. (B), and realigned margins.

Subsec. (h)(2). Pub. L. 115–334, §2501(e)(2), inserted before period at end "and, in the case of fiscal years 2019 through 2023, under the conservation stewardship program under subpart B of part IV of subchapter IV".

Subsec. (h)(3). Pub. L. 115–334, §2501(e)(3), substituted "year through fiscal year 2018, acres not obligated under paragraph (1)(A)" for "year, acres not obligated under paragraph (1)".

Subsec. (h)(4). Pub. L. 115–334, §2501(e)(4), substituted ", as applicable, clause (i) or (ii) of paragraph (1)(A) or clause (i) or (ii) of paragraph (1)(B)" for "subparagraph (A) or (B) of paragraph (1)".

Subsec. (i). Pub. L. 115–334, §2501(c), amended subsec. (i) generally. Prior to amendment, subsec. (i) related to semiannual report on program enrollments and assistance under this subchapter, beginning in calendar year 2009 and each year thereafter.

Subsec. (j). Pub. L. 115–334, §2501(f), added subsec. (j).

2014—Subsec. (a). Pub. L. 113–79, §2601(a), added subsec. (a) and struck out former subsec. (a) which authorized the Secretary to use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out programs under subchapter IV for fiscal years 2002 through 2012 generally, and fiscal years 2014 and 2015 in the case of certain programs.

Pub. L. 113–76, §750(b)(1), substituted "and (7) and each of fiscal years 2014 and 2015 in the case of the program specified in paragraph (6))," for "(6), and (7))," in introductory provisions.

Subsec. (a)(6)(F). Pub. L. 113–76, §750(b)(2), added subpar. (F).

Subsec. (b). Pub. L. 113–79, §2601(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 113–79, §2602, added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "Effective for fiscal year 2005 and each subsequent fiscal year, Commodity Credit Corporation funds made available for each of the programs specified in paragraphs (1) through (7) of subsection (a) of this section—

"(1) shall be available for the provision of technical assistance for the programs for which funds are made available; and

"(2) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) of this section other than the program for which the funds were made available."

Pub. L. 113–79, §2601(b)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 113–79, §2601(b)(3), substituted "subsection (c)" for "subsection (b)".

Pub. L. 113–79, §2601(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 113–79, §2603, added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows:

"(1) Priority funding to promote equity.—Before April 1 of each fiscal year, the Secretary shall give priority for funding under the conservation programs under subchapter IV (excluding the conservation reserve program under subpart B of part I, the wetlands reserve program under subpart C of part I, and the conservation security program under subpart A of part II) to approved applications in any State that has not received, for the fiscal year, an aggregate amount of at least $15,000,000 for those conservation programs.

"(2) Specific funding allocations.—In determining the specific funding allocations for States under paragraph (1), the Secretary shall consider the respective demand in each State for each program covered by such paragraph."

Pub. L. 113–79, §2601(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsecs. (f) to (h). Pub. L. 113–79, §2601(b)(1), redesignated subsecs. (e) to (g) as (f) to (h), respectively. Former subsec. (h) redesignated (i).

Subsec. (h)(1). Pub. L. 113–79, §2604(1), substituted "2018" for "2012" in introductory provisions.

Subsec. (h)(4). Pub. L. 113–79, §2604(2), added par. (4).

Subsec. (i). Pub. L. 113–79, §2601(b)(1), redesignated subsec. (h) as (i).

Subsec. (i)(1). Pub. L. 113–79, §2605(1), substituted "agricultural conservation easement program" for "wetlands reserve program".

Subsec. (i)(2). Pub. L. 113–79, §2605(2), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: "Payments made under the farmland protection program for easements in which the Federal share is $250,000 or greater."

Subsec. (i)(3). Pub. L. 113–79, §2605(2), (3), redesignated par. (5) as (3), substituted "regional conservation partnership program" for "agricultural water enhancement program" and "3871c(c)(3)" for "3839aa–9(g)", and struck out former par. (3) which read as follows: "Payments made under the grassland reserve program valued at $250,000 or greater."

Subsec. (i)(4). Pub. L. 113–79, §2605(2), redesignated par. (6) as (4).

Subsec. (i)(5), (6). Pub. L. 113–79, §2605(4), added pars. (5) and (6).

2011—Subsec. (a). Pub. L. 112–55, §716(e)(1), substituted "2012 (and fiscal year 2014 in the case of the programs specified in paragraphs (3)(B), (4), (6), and (7))," for "2012," in introductory provisions.

Subsec. (a)(4)(E). Pub. L. 112–55, §716(e)(2), substituted "each of fiscal years 2012 through 2014" for "fiscal year 2012".

Subsec. (a)(6)(E). Pub. L. 112–55, §716(d), substituted "each of fiscal years 2012 through 2014" for "fiscal year 2012".

Subsec. (a)(7)(D). Pub. L. 112–55, §716(f), substituted "2014" for "2012".

2008—Subsec. (a). Pub. L. 110–246, §2701(a), substituted "2012" for "2007" in introductory provisions.

Subsec. (a)(1). Pub. L. 110–246, §2701(b), inserted ", including to the maximum extent practicable—" after "part I" and added subpars. (A) and (B).

Subsec. (a)(3). Pub. L. 110–246, §2701(c), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The conservation security program under subpart A of part II, using not more than—

"(A) $1,954,000,000 for the period of fiscal years 2006 through 2010; and

"(B) $5,650,000,000 for the period of fiscal years 2006 through 2015."

Subsec. (a)(4). Pub. L. 110–246, §2701(d), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "The farmland protection program under subpart B of part II, using, to the maximum extent practicable—

"(A) $50,000,000 in fiscal year 2002;

"(B) $100,000,000 in fiscal year 2003;

"(C) $125,000,000 in each of fiscal years 2004 and 2005;

"(D) $100,000,000 in fiscal year 2006; and

"(E) $97,000,000 in fiscal year 2007."

Subsec. (a)(5). Pub. L. 110–246, §2701(e), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "The grassland reserve program under subpart C of part II, using, to the maximum extent practicable $254,000,000 for the period of fiscal years 2003 through 2007."

Subsec. (a)(6). Pub. L. 110–246, §2701(f), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "The environmental quality incentives program under part IV, using, to the maximum extent practicable—

"(A) $400,000,000 in fiscal year 2002;

"(B) $700,000,000 in fiscal year 2003;

"(C) $1,000,000,000 in fiscal year 2004;

"(D) $1,200,000,000 in each of fiscal years 2005 and 2006;

"(E) $1,270,000,000 in each of fiscal years 2007 through 2009; and

"(F) $1,300,000,000 in fiscal year 2010."

Subsec. (a)(7)(D). Pub. L. 110–246, §2701(g), substituted "2012" for "2007".

Subsec. (d). Pub. L. 110–246, §2703(a), designated existing provisions as par. (1), inserted heading, substituted "$15,000,000" for "$12,000,000", and added par. (2).

Subsec. (e). Pub. L. 110–246, §2702, added subsec. (e).

Subsec. (f). Pub. L. 110–246, §2703(b), added subsec. (f).

Subsec. (g). Pub. L. 110–246, §2704, added subsec. (g).

Subsec. (h). Pub. L. 110–246, §2705, added subsec. (h).

2006—Subsec. (a)(3). Pub. L. 109–171, §1202(b), substituted a dash for "$6,037,000,000 for the period of fiscal years 2005 through 2014." and added subpars. (A) and (B).

Subsec. (a)(6)(E), (F). Pub. L. 109–171, §1203(c), added subpars. (E) and (F) and struck out former subpar. (E) which read as follows: "$1,300,000,000 in fiscal year 2007."

2004—Subsec. (a)(3). Pub. L. 108–324 inserted ", using not more than $6,037,000,000 for the period of fiscal years 2005 through 2014" before period at end.

Pub. L. 108–199 struck out ", using not more than $3,773,000,000 for the period of fiscal years 2003 through 2013" before period at end.

Subsec. (b). Pub. L. 108–498 added subsec. (b) and struck out heading and text of former subsec. (b), which related to availability of certain Commodity Credit Corporation funds under subsec. (a) for the provision of technical assistance for conservation and conservation security programs.

2003—Subsec. (a)(3). Pub. L. 108–7, §216(c), inserted ", using not more than $3,773,000,000 for the period of fiscal years 2003 through 2013" before period at end.

Subsec. (b). Pub. L. 108–11 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:

"(1) February 20, 2003, through september 30, 2003.—During the period beginning on February 20, 2003, and ending on September 30, 2003, Commodity Credit Corporation funds made available under paragraphs (4) through (7) of subsection (a) of this section shall be available for the provision of technical assistance (subject to section 3842 of this title) for the conservation programs specified in subsection (a) of this section.

"(2) Subsequent fiscal years.—Effective beginning on October 1, 2003, Commodity Credit Corporation funds made available under paragraphs (3) through (7) of subsection (a) of this section shall be available for the provision of technical assistance (subject to section 3842 of this title) for the conservation programs specified in subsection (a) of this section."

Pub. L. 108–7, §213(1), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "Nothing in this section affects the limit on expenditures for technical assistance imposed by section 714i of title 15."

Subsecs. (c), (d). Pub. L. 108–7, §213(2), added subsec. (c) and redesignated former subsec. (c) as (d).

Effective Date of 2008 Amendment

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.

Effective Date of 2004 Amendment

Pub. L. 108–498, §1(b), Dec. 23, 2004, 118 Stat. 4020, provided that: "The amendment made by subsection (a) [amending this section] takes effect on October 1, 2004."

Effective Date of 2003 Amendment

Pub. L. 108–11, title II, §2106(b), Apr. 16, 2003, 117 Stat. 590, provided that: "The amendment made by subsection (a) [amending this section] takes effect on February 20, 2003."

1 See References in Text note below.

§3842. Delivery of technical assistance

(a) Definitions

In this section:

(1) Eligible participant

The term "eligible participant" means a producer, landowner, or entity that is participating in, or seeking to participate in, programs in which the producer, landowner, or entity is otherwise eligible to participate under this chapter or the agricultural management assistance program under section 1524(b) of title 7.

(2) Third-party provider

The term "third-party provider" means a commercial entity (including a farmer cooperative, agriculture retailer, or other commercial entity (as defined by the Secretary)), a nonprofit entity, a State or local government (including a conservation district), or a Federal agency, that has expertise in the technical aspect of conservation planning, including nutrient management planning, watershed planning, or environmental engineering.

(b) Purpose of technical assistance

The purpose of technical assistance authorized by this section is to provide eligible participants with consistent, science-based, site-specific practices designed to achieve conservation objectives on land active in agricultural, forestry, or related uses.

(c) Provision of technical assistance

The Secretary shall provide technical assistance under this chapter to an eligible participant—

(1) directly;

(2) through an agreement with a third-party provider; or

(3) at the option of the eligible participant, through a payment, as determined by the Secretary, to the eligible participant for an approved third-party provider, if available.

(d) Non-Federal assistance

The Secretary may request the services of, and enter into cooperative agreements or contracts with, other agencies within the Department or non-Federal entities to assist the Secretary in providing technical assistance necessary to assist in implementing conservation programs under this chapter.

(e) Certification of third-party providers

(1) Purpose

The purpose of the third-party provider program is to increase the availability and range of technical expertise available to eligible participants to plan and implement conservation measures.

(2) Regulations

Not later than 180 days after the date of the enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall promulgate such regulations as are necessary to carry out this section.

(3) Expertise

In promulgating such regulations, the Secretary, to the maximum extent practicable, shall—

(A) ensure that persons with expertise in the technical aspects of conservation planning, watershed planning, and environmental engineering, including commercial entities, nonprofit entities, State or local governments or agencies, and other Federal agencies, are eligible to become approved providers of the technical assistance;

(B) provide national criteria for the certification of third-party providers; and

(C) approve any unique certification standards established at the State level.

(4) Certification process

The Secretary shall certify a third-party provider through—

(A) a certification process administered by the Secretary, acting through the Chief of the Natural Resources Conservation Service; or

(B) a non-Federal entity approved by the Secretary to perform the certification.

(5) Streamlined certification

The Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including a sustainability certification.

(f) Administration

(1) Funding

Effective for fiscal year 2008 and each subsequent fiscal year, funds of the Commodity Credit Corporation made available to carry out technical assistance for each of the programs specified in section 3841 of this title shall be available for the provision of technical assistance from third-party providers under this section.

(2) Term of agreement

An agreement with a third-party provider under this section shall have a term that—

(A) at a minimum, is equal to the period beginning on the date on which the agreement is entered into and ending on the date that is 1 year after the date on which all activities performed pursuant to the agreement have been completed;

(B) does not exceed 3 years; and

(C) can be renewed, as determined by the Secretary.

(3) Review of certification requirements

Not later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall—

(A) review certification requirements for third-party providers; and

(B) make any adjustments considered necessary by the Secretary to improve participation.

(4) Eligible activities

(A) Inclusion of activities

The Secretary may include as activities eligible for payments to a third-party provider—

(i) technical services provided directly to eligible participants, such as conservation planning, education and outreach, and assistance with design and implementation of conservation practices; and

(ii) related technical assistance services that accelerate conservation program delivery.

(B) Exclusions

The Secretary shall not designate as an activity eligible for payments to a third-party provider any service that is provided by a business, or equivalent, in connection with conducting business and that is customarily provided at no cost.

(5) Payment amounts

The Secretary shall establish fair and reasonable amounts of payments for technical services provided by third-party providers.

(g) Availability of technical services

(1) In general

In carrying out the programs under this chapter and the agricultural management assistance program under section 1524 of title 7, the Secretary shall make technical services available to all eligible participants who are installing an eligible practice.

(2) Technical service contracts

In any case in which financial assistance is not provided under a program referred to in paragraph (1), the Secretary may enter into a technical service contract with the eligible participant for the purposes of assisting in the planning, design, or installation of an eligible practice.

(h) Review of conservation practice standards

(1) Review required

The Secretary shall—

(A) not later than 1 year after December 20, 2018, complete a review of each conservation practice standard, including engineering design specifications, in effect on the day before December 20, 2018;

(B) ensure, to the maximum extent practicable, the completeness and relevance of the standards to local agricultural, forestry, and natural resource needs, including specialty crops, native and managed pollinators, bioenergy crop production, forestry, and such other needs as are determined by the Secretary;

(C) ensure that the standards provide for the optimal balance between meeting site-specific conservation needs and minimizing risks of design failure and associated costs of construction and installation; and

(D) evaluate opportunities to increase flexibility in conservation practice standards in a manner that ensures equivalent natural resource benefits.

(2) Consultation

In conducting the review under paragraph (1), the Secretary shall consult with eligible participants, State technical committees established under section 3861(a) of this title, crop consultants, cooperative extension and land grant universities, nongovernmental organizations, and other qualified entities.

(3) Expedited revision of standards

Not later than 1 year after December 20, 2018, the Secretary shall develop for the programs under this chapter an administrative process for—

(A) expediting the establishment and revision of conservation practice standards;

(B) considering conservation innovations and scientific and technological advancements with respect to any establishment or revision under subparagraph (A);

(C) allowing local flexibility in the creation of—

(i) interim practice standards and supplements to existing practice standards to address the considerations described in subparagraph (B); and

(ii) partnership-led proposals for new and innovative techniques to facilitate implementing agreements and grants under this title; and


(D) soliciting regular input from State technical committees established under section 3861(a) of this title for recommendations that identify innovations or advancements described in subparagraph (B).

(4) Report

Not later than 2 years after December 20, 2018, and every 2 years thereafter, the Secretary shall submit to Congress a report on—

(A) the administrative process developed under paragraph (3);

(B) conservation practice standards that were established or revised under that process; and

(C) conservation innovations that were considered under that process.

(i) Addressing concerns of specialty crop, organic, and precision agriculture producers

(1) In general

The Secretary shall—

(A) to the maximum extent practicable, fully incorporate specialty crop production, organic crop production, and precision agriculture into the conservation practice standards; and

(B) provide for the appropriate range of conservation practices and resource mitigation measures available to producers involved with organic or specialty crop production or precision agriculture.

(2) Availability of adequate technical assistance

(A) In general

The Secretary shall ensure that adequate technical assistance is available for the implementation of conservation practices by producers involved with organic, specialty crop production, or precision agriculture through Federal conservation programs.

(B) Requirements

In carrying out subparagraph (A), the Secretary shall develop—

(i) programs that meet specific needs of producers involved with organic, specialty crop production or precision agriculture through cooperative agreements with other agencies and nongovernmental organizations; and

(ii) program specifications that allow for innovative approaches to engage local resources in providing technical assistance for planning and implementation of conservation practices.

(Pub. L. 99–198, title XII, §1242, as added Pub. L. 107–171, title II, §2701, May 13, 2002, 116 Stat. 279; amended Pub. L. 110–234, title II, §2706, May 22, 2008, 122 Stat. 1074; Pub. L. 110–246, §4(a), title II, §2706, June 18, 2008, 122 Stat. 1664, 1802; Pub. L. 113–79, title II, §2713(c), Feb. 7, 2014, 128 Stat. 772; Pub. L. 115–334, title II, §§2502, 2821(e), Dec. 20, 2018, 132 Stat. 4579, 4603.)

References in Text

This chapter, referred to in subsecs. (a)(1), (c), (d), (g)(1), and (h)(3), was in the original "this title", meaning title XII of Pub. L. 99–198, which enacted this chapter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7.

The date of the enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsecs. (e)(2) and (f)(3), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

Codification

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.

Section 2701 of Pub. L. 107–171, which directed that subtitle E of the Food Security Act of 1985 be amended by striking section 1242 and adding a new section 1242 (this section), was executed by striking section 1242 of subtitle E of title XII of the Food Security Act of 1985 and adding the new section 1242 in lieu thereof, to reflect the probable intent of Congress.

Prior Provisions

A prior section 3842, Pub. L. 99–198, title XII, §1242, as added Pub. L. 104–127, title III, §341, Apr. 4, 1996, 110 Stat. 1008, related to use of other agencies, prior to repeal by Pub. L. 107–171, title II, §2701, May 13, 2002, 116 Stat. 278. See Codification note above.

Another prior section 3842, Pub. L. 99–198, title XII, §1242, Dec. 23, 1985, 99 Stat. 1515, related to use of other agencies, prior to the general amendment of this subchapter by Pub. L. 104–127.

Amendments

2018—Subsec. (a). Pub. L. 115–334, §2502(a), amended subsec. (a) generally. Prior to amendment, text read as follows: "In this section, the term 'eligible participant' means a producer, landowner, or entity that is participating in, or seeking to participate in, programs for which the producer, landowner, or entity is otherwise eligible to participate in under this chapter or the agricultural management assistance program under section 1524 of title 7."

Subsec. (e)(3)(B). Pub. L. 115–334, §2821(e), substituted "third-party" for "third party".

Subsec. (e)(4), (5). Pub. L. 115–334, §2502(b), added pars. (4) and (5).

Subsec. (f)(4). Pub. L. 115–334, §2821(e), substituted "third-party" for "third party" in subpars. (A) and (B).

Subsec. (h)(1)(A). Pub. L. 115–334, §2502(c)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: "review conservation practice standards, including engineering design specifications, in effect on the date of the enactment of the Food, Conservation, and Energy Act of 2008;".

Subsec. (h)(1)(D). Pub. L. 115–334, §2502(c)(1)(B)–(D), added subpar. (D).

Subsec. (h)(2). Pub. L. 115–334, §2502(c)(2), inserted "State technical committees established under section 3861(a) of this title," before "crop consultants,".

Subsec. (h)(3), (4). Pub. L. 115–334, §2502(c)(3), added pars. (3) and (4) and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: "If the Secretary determines under paragraph (1) that revisions to the conservation practice standards, including engineering design specifications, are necessary, the Secretary shall establish an administrative process for expediting the revisions."

2014—Subsec. (i). Pub. L. 113–79 substituted "specialty" for "speciality" in heading.

2008Pub. L. 110–246, §2706, amended section generally. Prior to amendment, section related to: in subsec. (a), provision of technical assistance to an eligible producer directly or through an approved third party; and, in subsec. (b), establishment of a system to certify third-party providers, transition provisions for persons that had provided assistance before May 13, 2002, and cooperative agreements or contracts with non-Federal entities.

Effective Date of 2008 Amendment

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.

§3843. Repealed. Pub. L. 113–79, title II, §2710(a), Feb. 7, 2014, 128 Stat. 770

Section, Pub. L. 99–198, title XII, §1243, as added Pub. L. 104–127, title III, §341, Apr. 4, 1996, 110 Stat. 1008; amended Pub. L. 107–171, title II, §§2003, 2006(d), May 13, 2002, 116 Stat. 233, 237; Pub. L. 110–234, title II, §2707, May 22, 2008, 122 Stat. 1077; Pub. L. 110–246, §4(a), title II, §2707, June 18, 2008, 122 Stat. 1664, 1805, related to cooperative conservation partnership initiative.

Prior Provisions

A prior section 3843, Pub. L. 99–198, title XII, §1243, Dec. 23, 1985, 99 Stat. 1515; Pub. L. 101–624, title XIV, §1442, Nov. 28, 1990, 104 Stat. 3602, which related to administration of this chapter, was omitted in the general amendment of this subchapter by Pub. L. 104–127.

Repeal; Transitional Provisions

Pub. L. 113–79, title II, §2710, Feb. 7, 2014, 128 Stat. 770, provided that:

"(a) Repeal.—Except as provided in subsection (b), section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843) is repealed.

"(b) Transitional Provisions.—

"(1) Effect on existing contracts and agreements.—The amendment made by this section [repealing section 3843 of this title] shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1243 of the Food Security Act of 1985 ([former] 16 U.S.C. 3843) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract or agreement.

"(2) Funding.—

"(A) Use of prior year funds.—Notwithstanding the repeal of section 1243 of the Food Security Act of 1985 ([former] 16 U.S.C. 3843), any funds made available from the Commodity Credit Corporation to carry out the cooperative conservation partnership initiative under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts and agreements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance).

"(B) Other.—On exhaustion of funds made available under subparagraph (A), the Secretary [of Agriculture] may use funds made available to carry out the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 [16 U.S.C. 3871 et seq.], as added by section 2401, to continue to carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and agreements as in existence on the day before the date of enactment of the Agricultural Act of 2014."

§3844. Administrative requirements for conservation programs

(a) Incentives for certain farmers and ranchers and Indian tribes

(1) Incentives authorized

In carrying out any conservation program administered by the Secretary, the Secretary may provide to a person or entity specified in paragraph (2) incentives to participate in the conservation program—

(A) to foster new farming and ranching opportunities; and

(B) to enhance long-term environmental goals.

(2) Covered persons

Incentives authorized by paragraph (1) may be provided to the following:

(A) Beginning farmers or ranchers.

(B) Socially disadvantaged farmers or ranchers.

(C) Limited resource farmers or ranchers.

(D) Indian tribes.

(E) Veteran farmers or ranchers (as defined in section 2279(e) 1 of title 7).

(b) Privacy of personal information relating to natural resources conservation programs

(1) Information received for technical and financial assistance

(A) In general

In accordance with section 552(b)(3) of title 5, except as provided in subparagraph (C) and paragraph (2), information described in subparagraph (B)—

(i) shall not be considered to be public information; and

(ii) shall not be released to any person or Federal, State, local agency or Indian tribe (as defined by the Secretary) outside the Department of Agriculture.

(B) Information

The information referred to in subparagraph (A) is information—

(i) provided to the Secretary or a contractor of the Secretary (including information provided under subchapter IV) for the purpose of providing technical or financial assistance to an owner, operator, or producer with respect to any natural resources conservation program administered by the Natural Resources Conservation Service or the Farm Service Agency; and

(ii) that is proprietary (within the meaning of section 552(b)(4) of title 5) to the agricultural operation or land that is a part of an agricultural operation of the owner, operator, or producer.

(C) Exception

Nothing in this section affects the availability of payment information (including payment amounts and the names and addresses of recipients of payments) under section 552 of title 5.

(2) Exceptions

(A) Release and disclosure for enforcement

The Secretary may release or disclose to the Attorney General information covered by paragraph (1) to the extent necessary to enforce the natural resources conservation programs referred to in paragraph (1)(B)(i).

(B) Disclosure to cooperating persons and agencies

(i) In general

The Secretary may release or disclose information covered by paragraph (1) to a person or Federal, State, local, or tribal agency working in cooperation with the Secretary in providing technical and financial assistance described in paragraph (1)(B)(i) or collecting information from data gathering sites.

(ii) Use of information

The person or Federal, State, local, or tribal agency that receives information described in clause (i) may release the information only for the purpose of assisting the Secretary—

(I) in providing the requested technical or financial assistance; or

(II) in collecting information from data gathering sites.

(C) Statistical and aggregate information

Information covered by paragraph (1) may be disclosed to the public if the information has been transformed into a statistical or aggregate form without naming any—

(i) individual owner, operator, or producer; or

(ii) specific data gathering site.

(D) Consent of owner, operator, or producer

(i) In general

An owner, operator, or producer may consent to the disclosure of information described in paragraph (1).

(ii) Condition of other programs

The participation of the owner, operator, or producer in, and the receipt of any benefit by the owner, operator, or producer under, this chapter or any other program administered by the Secretary may not be conditioned on the owner, operator, or producer providing consent under this paragraph.

(3) Violations; penalties

Section 2276(c) of title 7 shall apply with respect to the release of information collected in any manner or for any purpose prohibited by this subsection.

(4) Data collection, disclosure, and review

Nothing in this subsection—

(A) affects any procedure for data collection or disclosure through the National Resources Inventory; or

(B) limits the authority of Congress or the Government Accountability Office to review information collected or disclosed under this subsection.

(c) Plans

The Secretary shall, to the extent practicable, avoid duplication in—

(1) the conservation plans required for—

(A) highly erodible land conservation under subchapter II; and

(B) the conservation reserve program established under subpart B of part I of subchapter IV;


(2) the agricultural conservation easement program established under subchapter VII; and

(3) the environmental quality incentives program established under subpart A of part IV of subchapter IV.

(d) Tenant protection

Except for a person who is a tenant on land that is subject to a conservation reserve contract that has been extended by the Secretary, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under the programs established under subchapters II through IV, VII, and VIII.

(e) Provision of technical assistance by other sources

In the preparation and application of a conservation compliance plan under subchapter II or similar plan required as a condition for assistance from the Department of Agriculture, the Secretary shall permit persons to secure technical assistance from approved sources, as determined by the Secretary, other than the Natural Resources Conservation Service. If the Secretary rejects a technical determination made by such a source, the basis of the Secretary's determination must be supported by documented evidence.

(f) Acreage limitations

(1) Limitations

(A) Enrollments

The Secretary shall not enroll more than 25 percent of the cropland in any county in the conservation reserve program established under subpart B of part I of subchapter IV and wetland reserve easements under section 3865c of this title.

(B) Easements

Not more than 15 percent of the cropland in a county may be subject to a wetland reserve easement under section 3865c of this title.

(2) Exceptions

The Secretary may exceed the limitation in paragraph (1)(A), if the Secretary determines that—

(A) the action would not adversely affect the local economy of a county; and

(B) operators in the county are having difficulties complying with conservation plans implemented under section 3812 of this title.

(3) Waiver to exclude certain acreage

The Secretary may grant a waiver to exclude acreage enrolled under section 3831a of this title from the limitations in paragraph (1)(A) with the concurrence of the county government of the county involved.

(4) Exclusions

(A) Shelterbelts and windbreaks

The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subpart B of part I of subchapter IV that is used for the establishment of shelterbelts and windbreaks.

(B) Wet and saturated soils

For the purposes of enrolling land in a wetland reserve easement under section 3865c of this title, the limitations established under paragraph (1) shall not apply to cropland designated by the Secretary with subclass w in the land capability classes IV through VIII because of severe use limitations due to soil saturation or inundation.

(5) Calculation

In calculating the percentages described in paragraph (1), the Secretary shall include any acreage that was included in calculations of percentages made under such paragraph, as in effect on the day before December 20, 2018, and that remains enrolled when the calculation is made after that date under paragraph (1).

(g) Compliance and performance

For each conservation program under subchapter IV, the Secretary shall develop procedures—

(1) to monitor compliance with program requirements;

(2) to measure program performance;

(3) to demonstrate whether the long-term conservation benefits of the program are being achieved;

(4) to track participation by crop and livestock types; and

(5) to coordinate activities described in this subsection with the national conservation program authorized under section 2004 of this title.

(h) Encouragement of pollinator habitat development and protection

In carrying out any conservation program administered by the Secretary, the Secretary may, as appropriate, encourage—

(1) the development of habitat for native and managed pollinators; and

(2) the use of conservation practices that benefit native and managed pollinators, including, to the extent practicable, practices that maximize benefits for honey bees.

(i) Streamlined application process

(1) In general

In carrying out each conservation program under this chapter, the Secretary shall ensure that the application process used by producers and landowners is streamlined to minimize complexity and eliminate redundancy.

(2) Review and streamlining

(A) Review

The Secretary shall carry out a review of the application forms and processes for each conservation program covered by this subsection.

(B) Streamlining

On completion of the review the Secretary shall revise application forms and processes, as necessary, to ensure that—

(i) all required application information is essential for the efficient, effective, and accountable implementation of conservation programs;

(ii) conservation program applicants are not required to provide information that is readily available to the Secretary through existing information systems of the Department of Agriculture;

(iii) information provided by the applicant is managed and delivered efficiently for use in all stages of the application process, or for multiple applications; and

(iv) information technology is used effectively to minimize data and information input requirements.

(3) Implementation and notification

Not later than 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall submit to Congress a written notification of completion of the requirements of this subsection.

(j) Review and guidance for practice costs and payment rates

(1) In general

Not later than 1 year after December 20, 2018, and not later than October 1 of each year thereafter, the Secretary shall—

(A) review the estimates for practice costs and rates of payments made to producers for practices on eligible land under this chapter; and

(B) evaluate whether those costs and rates reflect a payment that—

(i) encourages participation in a conservation program administered by the Secretary;

(ii) encourages implementation of the most effective practices to address local natural resource concerns on eligible land; and

(iii) accounts for regional, State, and local variability relating to the complexity, implementation, and adoption of practices on eligible land.

(2) Guidance; review

The Secretary shall—

(A) issue guidance to States to annually review and adjust the estimates for practice costs and rates of payments made to producers to reflect the evaluation factors described in paragraph (1)(B); and

(B) determine the appropriate practice costs and rates of payments for each State by—

(i) annually reviewing each conservation program payment schedule and payment rate used in the State; and

(ii) consulting with the State technical committee established under section 3861(a) of this title in that State.

(k) Improved administrative efficiency and effectiveness

In administrating a conservation program under this chapter, the Secretary shall, to the maximum extent practicable—

(1) seek to reduce administrative burdens and costs to producers by streamlining conservation planning and program resources; and

(2) take advantage of new technologies to enhance efficiency and effectiveness.

(l) Relation to other payments

Any payment received by an owner or operator under this chapter, including an easement payment or rental payment, shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under any of the following:

(1) This Act.

(2) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).

(3) The Agricultural Act of 2014.

(4) Any law that succeeds a law specified in paragraph (1), (2), or (3).

(m) Funding for Indian tribes

In carrying out the conservation stewardship program under subpart B of part IV of subchapter IV and the environmental quality incentives program under subpart A of part IV of subchapter IV, the Secretary shall enter into alternative funding arrangements with Indian tribes if the Secretary determines that—

(1) the goals and objectives of the programs will be met by such arrangements;

(2) a sufficient number of eligible participants will be aggregated under the alternative funding arrangement to accomplish the underlying purposes and objectives of the applicable program; and

(3) statutory limitations regarding contracts with individual producers will not be exceeded by any tribal member, except that the Secretary may approve a waiver if the Secretary is authorized to approve a waiver under the statutory authority of the applicable program.

(n) Source water protection through targeting of agricultural practices

(1) In general

In carrying out any conservation program administered by the Secretary, the Secretary shall encourage practices that relate to water quality and water quantity that protect source water for drinking water (including protecting against public health threats) while also benefitting agricultural producers.

(2) Collaboration with water systems and increased incentives

(A) In general

In encouraging practices under paragraph (1), the Secretary shall—

(i) work collaboratively with community water systems and State technical committees established under section 3861(a) of this title to identify, in each State, local priority areas for the protection of source waters for drinking water; and

(ii) subject to subparagraph (B), for practices described in paragraph (1), offer to producers increased incentives and higher payment rates than are otherwise statutorily authorized by the applicable conservation program administered by the Secretary.

(B) Limitation

An increased payment under subparagraph (A)(ii) shall not exceed 90 percent of practice costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training.

(3) Reservation of funds

(A) In general

In each of fiscal years 2019 through 2023, the Secretary shall use to carry out this subsection not less than 10 percent of any funds available for conservation programs administered by the Secretary under this chapter (other than the conservation reserve program established under subpart B of part I of subchapter IV).

(B) Limitation

Funds available for a specific conservation program shall not be transferred to fund a different conservation program under this chapter.

(o) Environmental services market

The Secretary may not prohibit, through a contract, easement, or agreement under this chapter, a participant in a conservation program administered by the Secretary under this chapter from participating in, and receiving compensation from, an environmental services market if 1 of the purposes of the market is the facilitation of additional conservation benefits that are consistent with the purposes of the conservation program administered by the Secretary.

(p) Regulatory certainty

(1) In general

In addition to technical and programmatic information that the Secretary is otherwise authorized to provide, on request of a Federal agency, a State, an Indian tribe, or a unit of local government, the Secretary may provide technical and programmatic information—

(A) subject to paragraph (2), to the Federal agency, State, Indian tribe, or unit of local government to support specifically the development of mechanisms that would provide regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances to a farmer, rancher, or private nonindustrial forest landowner under a regulatory requirement—

(i) that relates to soil, water, or wildlife; and

(ii) over which that Federal agency, State, Indian tribe, or unit of local government has authority; and


(B) relating to conservation practices or activities that could be implemented by a farmer, rancher, or private nonindustrial forest landowner to address a targeted soil, water, or wildlife resource concern that is the direct subject of a regulatory requirement enforced by that Federal agency, State, Indian tribe, or unit of local government, as applicable.

(2) Mechanisms

The Secretary shall only provide additional technical and programmatic information under paragraph (1) if the mechanisms to be developed by the Federal agency, State, Indian tribe, or unit of local government, as applicable, under paragraph (1)(A) are anticipated to include, at a minimum—

(A) the implementation of 1 or more conservation practices or activities that effectively addresses the soil, water, or wildlife resource concern identified under paragraph (1);

(B) the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented;

(C) a plan for a periodic audit, as appropriate, of the continued implementation or maintenance of each of the conservation practices or activities identified under subparagraph (A); and

(D) notification to a farmer, rancher, or private nonindustrial forest landowner of, and an opportunity to correct, any noncompliance with a requirement to obtain regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurance.

(3) Continuing current collaboration on soil, water, or wildlife conservation practices

The Secretary shall—

(A) continue collaboration with Federal agencies, States, Indian tribes, or local units of government on existing regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances in accordance with paragraph (2); and

(B) continue collaboration with the Secretary of the Interior on consultation under section 1536(a)(2) of this title or conference under section 1536(a)(4) of this title, as applicable, for wildlife conservation efforts, including the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before December 20, 2018, in accordance with—

(i) the document entitled "Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service", numbered A–3A75–16–937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife Service on August 4, 2016, as in effect on September 15, 2016; and

(ii) United States Fish and Wildlife Service Director's Order No. 217, dated August 9, 2016, as in effect on August 9, 2016.

(4) Savings clause

Nothing in this subsection—

(A) preempts, displaces, or supplants any authority or right of a Federal agency, a State, an Indian tribe, or a unit of local government;

(B) modifies or otherwise affects, preempts, or displaces—

(i) any cause of action; or

(ii) a provision of Federal or State law establishing a remedy for a civil or criminal cause of action; or


(C) applies to a case in which the Department of Agriculture is the originating agency requesting a consultation or other technical and programmatic information or assistance from another Federal agency in assisting farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.

(Pub. L. 99–198, title XII, §1244, as added Pub. L. 107–171, title II, §2004(a), May 13, 2002, 116 Stat. 235; amended Pub. L. 110–234, title II, §§2707(a), 2708, May 22, 2008, 122 Stat. 1077, 1079; Pub. L. 110–246, §4(a), title II, §§2707(a), 2708, June 18, 2008, 122 Stat. 1664, 1805, 1807; Pub. L. 113–79, title II, §§2301(b), 2606, Feb. 7, 2014, 128 Stat. 743, 760; Pub. L. 115–141, div. A, title VII, §766, Mar. 23, 2018, 132 Stat. 397; Pub. L. 115–334, title II, §§2202(b)(2), 2301(d)(1)(K), (L), 2503, 2821(f), Dec. 20, 2018, 132 Stat. 4538, 4554, 4580, 4603.)

References in Text

Section 2279(e) of title 7, referred to in subsec. (a)(2)(E), was redesignated section 2279(a) of title 7 by Pub. L. 115–334, title XII, §12301(b)(3), Dec. 20, 2018, 132 Stat. 4951.

This chapter, referred to in subsecs. (b)(2)(D)(ii), (i)(1), (j)(1)(A), (k), (l), (n)(3), and (o), was in the original "this title", meaning title XII of Pub. L. 99–198, which enacted this chapter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7.

The date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (i)(3), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

This Act, referred to in subsec. (l)(1), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, known as the Food Security Act of 1985. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.

The Agricultural Act of 1949, referred to in subsec. (l)(2), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§1421 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables.

The Agricultural Act of 2014, referred to in subsec. (l)(3), is Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 649. For complete classification of this Act to the Code, see Tables.

Codification

The text of section 3843(a), (c), and (d) of this title, which was transferred to this section and redesignated as subsecs. (c), (d), and (e), respectively, by Pub. L. 110–246, §2707(a), was based on Pub. L. 99–198, title XII, §1243(a), (c), (d), as added Pub. L. 104–127, title III, §341, Apr. 4, 1996, 110 Stat. 1008, 1009.

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.

Prior Provisions

A prior section 3844, Pub. L. 99–198, title XII, §1244, Dec. 23, 1985, 99 Stat. 1515, related to issuance of regulations to carry out subchapters I to V of this chapter, prior to the general amendment of this subchapter by Pub. L. 104–127.

Amendments

2018—Subsec. (b)(4)(B). Pub. L. 115–334, §2821(f), substituted "Government Accountability Office" for "General Accounting Office".

Subsec. (c)(3). Pub. L. 115–334, §2301(d)(1)(K), inserted "subpart A of" before "part IV".

Subsec. (f)(1)(B). Pub. L. 115–334, §2503(a)(1), substituted "15 percent" for "10 percent".

Subsec. (f)(3). Pub. L. 115–334, §2202(b)(2), substituted "section 3831a" for "subsection (d)(2)(A)(ii) or (g)(2) of section 3834".

Subsec. (f)(5). Pub. L. 115–334, §2503(a)(2), substituted "December 20, 2018," for "February 7, 2014,".

Subsecs. (j), (k). Pub. L. 115–334, §2503(b)(2), (3), added subsec. (j) and redesignated former subsec. (j) as (k). Former subsec. (k) redesignated (l).

Subsec. (l). Pub. L. 115–334, §2503(b)(2), redesignated subsec. (k) as (l). Former subsec. (l) redesignated (m).

Pub. L. 115–334, §2301(d)(1)(L), substituted "subpart B of part IV of subchapter IV" for "subpart B of part II of subchapter IV" and "subpart A of part IV of subchapter IV" for "part IV of subchapter IV".

Subsec. (m). Pub. L. 115–334, §2503(c), designated existing provisions as introductory provisions and pars. (1) and (3) and added par. (2), substituted "shall" for "may" in introductory provisions and "arrangements;" for "arrangements, and that" in par. (1), and inserted ", except that the Secretary may approve a waiver if the Secretary is authorized to approve a waiver under the statutory authority of the applicable program" before period at end of par. (3).

Pub. L. 115–334, §2503(b)(2), redesignated subsec. (l) as (m).

Pub. L. 115–334, §2503(b)(1), struck out subsec. (m) which related to exemption from certain reporting requirements.

Pub. L. 115–141 added subsec. (m).

Subsec. (n). Pub. L. 115–334, §2503(d), added subsec. (n).

Subsec. (o). Pub. L. 115–334, §2503(e), added subsec. (o).

Subsec. (p). Pub. L. 115–334, §2503(f), added subsec. (p).

2014—Subsec. (a)(2)(E). Pub. L. 113–79, §2606(1), added subpar. (E).

Subsec. (c)(1). Pub. L. 113–79, §2301(b)(1)(A), inserted "and" after semicolon in subpar. (A), struck out "and" after semicolon in subpar. (B), and struck out subpar. (C) which read as follows: "the wetlands reserve program established under subpart C of part I of subchapter IV; and".

Subsec. (c)(2), (3). Pub. L. 113–79, §2301(b)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).

Subsec. (d). Pub. L. 113–79, §2606(2), inserted ", VII, and VIII" before period at end.

Subsec. (f)(1)(A). Pub. L. 113–79, §2301(b)(2)(A)(i), substituted "conservation reserve program established under subpart B of part I of subchapter IV and wetland reserve easements under section 3865c of this title" for "programs administered under subparts B and C of part I of subchapter IV".

Subsec. (f)(1)(B). Pub. L. 113–79, §2606(3)(A), substituted "county" for "country".

Pub. L. 113–79, §2301(b)(2)(A)(ii), substituted "a wetland reserve easement under section 3865c of this title" for "an easement acquired under subpart C of part I of subchapter IV".

Subsec. (f)(3). Pub. L. 113–79, §2606(3)(B), substituted "subsection (d)(2)(A)(ii) or (g)(2)" for "subsection (c)(2)(B) or (f)(4)".

Subsec. (f)(4). Pub. L. 113–79, §2301(b)(2)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subpart C of part I of subchapter IV that is used for the establishment of shelterbelts and windbreaks."

Subsec. (f)(5). Pub. L. 113–79, §2301(b)(2)(C), added par. (5).

Subsec. (h)(2). Pub. L. 113–79, §2606(4), inserted ", including, to the extent practicable, practices that maximize benefits for honey bees" before period at end.

Subsecs. (j) to (l). Pub. L. 113–79, §2606(5), added subsecs. (j) to (l).

2008—Subsec. (a). Pub. L. 110–246, §2708(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "In carrying out any conservation program administered by the Secretary, the Secretary may provide to beginning farmers and ranchers and Indian tribes (as those terms are defined in section 3838 of this title) and limited resource agricultural producers incentives to participate in the conservation program to—

"(1) foster new farming and ranching opportunities; and

"(2) enhance environmental stewardship over the long term."

Subsecs. (c) to (e). Pub. L. 110–246, §2707(a), transferred subsecs. (a), (c), and (d) of section 3843 of this title and redesignated them as subsecs. (c) to (e), respectively, of this section. See Codification note above.

Subsecs. (f) to (i). Pub. L. 110–246, §2708(2), added subsecs. (f) to (i).

Effective Date of 2008 Amendment

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.

1 See References in Text note below.

§3845. Environmental services markets

(a) Technical guidelines required

The Secretary shall establish technical guidelines that outline science-based methods to measure the environmental services benefits from conservation and land management activities in order to facilitate the participation of farmers, ranchers, and forest landowners in emerging environmental services markets. The Secretary shall give priority to the establishment of guidelines related to farmer, rancher, and forest landowner participation in carbon markets.

(b) Establishment

The Secretary shall establish guidelines under subsection (a) for use in developing the following:

(1) A procedure to measure environmental services benefits.

(2) A protocol to report environmental services benefits.

(3) A registry to collect, record and maintain the benefits measured.

(c) Verification requirements

(1) Verification of reports

The Secretary shall establish guidelines for a process to verify that a farmer, rancher, or forest landowner who reports an environmental services benefit pursuant to the protocol required by paragraph (2) of subsection (b) for inclusion in the registry required by paragraph (3) of such subsection has implemented the conservation or land management activity covered by the report.

(2) Role of third parties

In establishing the verification guidelines required by paragraph (1), the Secretary shall consider the role of third-parties in conducting independent verification of benefits produced for environmental services markets and other functions, as determined by the Secretary.

(d) Use of existing information

In carrying out subsection (b), the Secretary shall build on activities or information in existence on the date of the enactment of the Food, Conservation, and Energy Act of 2008 regarding environmental services markets.

(e) Consultation

In carrying out this section, the Secretary shall consult with the following:

(1) Federal and State government agencies.

(2) Nongovernmental interests including—

(A) farm, ranch, and forestry producers;

(B) financial institutions involved in environmental services trading;

(C) institutions of higher education with relevant expertise or experience;

(D) nongovernmental organizations with relevant expertise or experience; and

(E) private sector representatives with relevant expertise or experience.


(3) Other interested persons, as determined by the Secretary.

(Pub. L. 99–198, title XII, §1245, as added Pub. L. 110–234, title II, §2709, May 22, 2008, 122 Stat. 1081, and Pub. L. 110–246, §4(a), title II, §2709, June 18, 2008, 122 Stat. 1664, 1809.)

References in Text

The date of the enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec (d), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

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.

Prior Provisions

A prior section 3845, Pub. L. 99–198, title XII, §1245, Dec. 23, 1985, 99 Stat. 1516; Pub. L. 101–624, title XIV, §1443, Nov. 28, 1990, 104 Stat. 3602; Pub. L. 102–552, title V, §516(b)(1), Oct. 28, 1992, 106 Stat. 4137, related to authorization of appropriations, prior to the general amendment of this subchapter by Pub. L. 104–127.

Effective Date

Enactment 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.

§3846. Regulations

(a) In general

The Secretary shall promulgate such regulations as are necessary to implement programs under this chapter, including such regulations as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under section 3844(f) of this title.

(b) Rulemaking procedure

The promulgation of regulations and administration of programs under this chapter—

(1) shall be carried out without regard to chapter 35 of title 44 (commonly known as the Paperwork Reduction Act); and

(2) shall be made as an interim rule effective on publication with an opportunity for notice and comment.

(c) Congressional review of agency rulemaking

In promulgating regulations under this section, the Secretary shall use the authority provided under section 808 of title 5.

(Pub. L. 99–198, title XII, §1246, as added Pub. L. 113–79, title II, §2608, Feb. 7, 2014, 128 Stat. 761.)

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original "this title", meaning title XII of Pub. L. 99–198, which enacted this chapter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7.

Prior Provisions

A prior section 3846, Pub. L. 99–198, title XII, §1246, as added Pub. L. 101–624, title XIV, §1444, Nov. 28, 1990, 104 Stat. 3602, directed Secretary to report to Congress on erodible land and wetland conservation program, prior to repeal by Pub. L. 104–66, title I, §1011(a), Dec. 21, 1995, 109 Stat. 709.

§3847. Data on conservation practices

(a) Data on conservation practices

The Secretary shall identify available data sets within the Department of Agriculture regarding the use of conservation practices and the effect of such practices on farm and ranch profitability (including such effects relating to crop yields, soil health, and other risk-related factors).

(b) Report

Not later than 1 year after December 20, 2018, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes—

(1) a summary of the data sets identified under subsection (a);

(2) a summary of the steps the Secretary would have to take to provide access to such data sets by university researchers, including taking into account any technical, privacy, or administrative considerations;

(3) a summary of safeguards the Secretary employs when providing access to data to university researchers;

(4) a summary of appropriate procedures to maximize the potential for research benefits while preventing any violations of privacy or confidentiality; and

(5) recommendations for any necessary authorizations or clarifications of Federal law to allow access to such data sets to maximize the potential for research benefits

(Pub. L. 99–198, title XII, §1247, as added Pub. L. 115–334, title XII, §12618, Dec. 20, 2018, 132 Stat. 5017.)

Prior Provisions

A prior section 3847, Pub. L. 99–198, title XII, §1247, as added Pub. L. 101–624, title XIV, §1445, Nov. 28, 1990, 104 Stat. 3603; amended Pub. L. 102–237, title II, §204(8), Dec. 13, 1991, 105 Stat. 1855, which related to assistance for control of spread of weeds and pests, was omitted in the general amendment of this subchapter by Pub. L. 104–127.