CHAPTER 58 —ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
SUBCHAPTER I—DEFINITIONS
SUBCHAPTER II—HIGHLY ERODIBLE LAND CONSERVATION
SUBCHAPTER III—WETLAND CONSERVATION
SUBCHAPTER IV—AGRICULTURAL RESOURCES CONSERVATION PROGRAM
Part I—Comprehensive Conservation Enhancement Program
subpart a—general provisions
subpart b—conservation reserve
subpart c—wetlands reserve program
Part II—Conservation Security and Farmland Protection
subpart a—conservation security program
subpart b—conservation stewardship program
subpart c—farmland protection program
subpart d—grassland reserve program
Part III—Environmental Easement Program
Part IV—Environmental Quality Incentives Program and Conservation Stewardship Program
subpart a—environmental quality incentives program
subpart b—conservation stewardship program
Part V—Other Conservation Programs
SUBCHAPTER V—FUNDING AND ADMINISTRATION
SUBCHAPTER V–A—OTHER CONSERVATION PROGRAMS
SUBCHAPTER VI—STATE TECHNICAL COMMITTEES
SUBCHAPTER VII—AGRICULTURAL CONSERVATION EASEMENT PROGRAM
SUBCHAPTER VIII—REGIONAL CONSERVATION PARTNERSHIP PROGRAM
SUBCHAPTER I—DEFINITIONS
§3801. Definitions
(a) For purposes of subchapters I through VIII:
(1) The term "agricultural commodity" means—
(A) any agricultural commodity planted and produced in a State by annual tilling of the soil, including tilling by one-trip planters; or
(B) sugarcane planted and produced in a State.
(2)
(3)
(A) applies to highly erodible cropland;
(B) describes the conservation system applicable to the highly erodible cropland and describes the decisions of the person with respect to location, land use, tillage systems, and conservation treatment measures and schedule; and
(C) is approved by the local soil conservation district, in consultation with the local committees established under
(4)
(A) are based on local resource conditions, available conservation technology, and the standards and guidelines contained in the Natural Resources Conservation Service field office technical guides; and
(B) are designed to achieve, in a cost effective and technically practicable manner, a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland when compared to the level of erosion or soil conditions that existed before the application of the conservation measures and management practices.
(5) The term "conservation district" means any district or unit of State or local government formed under State or territorial law for the express purpose of developing and carrying out a local soil and water conservation program. Such district or unit of government may be referred to as a "conservation district", "soil conservation district", "soil and water conservation district", "resource conservation district", "natural resource district", "land conservation committee", or a similar name.
(6) The term "cost sharing payment" means a payment made by the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland under the provisions of
(7)(A) The term "converted wetland" means wetland that has been drained, dredged, filled, leveled, or otherwise manipulated (including any activity that results in impairing or reducing the flow, circulation, or reach of water) for the purpose or to have the effect of making the production of an agricultural commodity possible if—
(i) such production would not have been possible but for such action; and
(ii) before such action—
(I) such land was wetland; and
(II) such land was neither highly erodible land nor highly erodible cropland.
(B) Wetland shall not be considered converted wetland if production of an agricultural commodity on such land during a crop year—
(i) is possible as a result of a natural condition, such as drought; and
(ii) is not assisted by an action of the producer that destroys natural wetland characteristics.
(8)
(A) is under the general control of one operator;
(B) has one or more owners;
(C) consists of one or more tracts of land, whether or not contiguous;
(D) is located within a county or region, as determined by the Secretary; and
(E) may contain lands that are incidental to the production of perennial crops, including conserving uses, forestry, and livestock, as determined by the Secretary.
(9)
(10) The term "highly erodible cropland" means highly erodible land that is in cropland use, as determined by the Secretary.
(11)(A) The term "highly erodible land" means land—
(i) that is classified by the Soil Conservation Service as class IV, VI, VII, or VIII land under the land capability classification system in effect on December 23, 1985; or
(ii) that has, or that if used to produce an agricultural commodity, would have an excessive average annual rate of erosion in relation to the soil loss tolerance level, as established by the Secretary, and as determined by the Secretary through application of factors from the universal soil loss equation and the wind erosion equation, including factors for climate, soil erodibility, and field slope.
(B) For purposes of this paragraph, the land capability class or rate of erosion for a field shall be that determined by the Secretary to be the predominant class or rate of erosion under regulations issued by the Secretary.
(C)
(12) The term "hydric soil" means soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation.
(13) The term "hydrophytic vegetation" means a plant growing in—
(A) water; or
(B) a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content.
(14)
(15) The term "in-kind commodities" means commodities that are normally produced on land that is the subject of an agreement entered into under subchapter IV.
(16)
(17)
(18)
(A) has existing tree cover or is suitable for growing trees; and
(B) is owned by any nonindustrial private individual, group, association, corporation, Indian tribe, or other private legal entity that has definitive decisionmaking authority over the land.
(19)
(20) The term "rental payment" means a payment made by the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland to compensate the owner or operator for retiring such land from crop production and placing such land in the conservation reserve in accordance with subchapter IV.
(21) The term "Secretary" means the Secretary of Agriculture.
(22) The term "shelterbelt" means a vegetative barrier with a linear configuration composed of trees, shrubs, and other approved perennial vegetation.
(23)
(24) The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.
(25)
(A) Technical services provided directly to farmers, ranchers, and other eligible entities, such as conservation planning, technical consultation, and assistance with design and implementation of conservation practices.
(B) Technical infrastructure, including activities, processes, tools, and agency functions needed to support delivery of technical services, such as technical standards, resource inventories, training, data, technology, monitoring, and effects analyses.
(26) The term "vegetative cover" means—
(A) perennial grasses, legumes, forbs, or shrubs with an expected life span of 5 or more years; or
(B) trees.
(27) The term "wetland", except when such term is part of the term "converted wetland", means land that—
(A) has a predominance of hydric soils;
(B) is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(C) under normal circumstances does support a prevalence of such vegetation.
For purposes of this Act, and any other Act, this term shall not include lands in Alaska identified as having high potential for agricultural development which have a predominance of permafrost soils.
(b) The Secretary shall develop—
(1) criteria for the identification of hydric soils and hydrophytic vegetation; and
(2) lists of such soils and such vegetation.
(
Editorial Notes
References in Text
Subchapters I through VIII, referred to in subsec. (a), was in the original a reference to subtitles A through I, meaning subtitles A through I of title XII of
This chapter, referred to in subsec. (a)(9), was in the original "this title", meaning title XII of
The date of enactment of this subparagraph, referred to in subsec. (a)(11)(C), is the date of enactment of
This Act, referred to in subsec. (a)(27), is
Codification
Amendments
2014—Subsec. (a).
2008—Subsec. (a)(2) to (27).
1996—Subsec. (a)(2) to (6).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(9)(C).
Subsec. (a)(10) to (18).
1990—Subsec. (a)(16).
1986—Subsec. (a)(16).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Short Title of 2006 Amendment
Short Title of 2003 Amendment
Short Title of 2000 Amendment
Short Title of 1990 Amendment
Regulations
"(a)
"(b)
"(1) shall be carried out without regard to—
"(A)
"(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and
"(2) may—
"(A) be promulgated with an opportunity for notice and comment; or
"(B) if determined to be appropriate by the Secretary of Agriculture or the Commodity Credit Corporation, as an interim rule effective on publication with an opportunity for notice and comment.
"(c)
[
"(a)
"(b)
"(1) shall—
"(A) be carried out without regard to
"(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and
"(2) may—
"(A) be promulgated with an opportunity for notice and comment; or
"(B) if determined to be appropriate by the Secretary of Agriculture or the Commodity Credit Corporation, as an interim rule effective on publication with an opportunity for notice and comment.
"(c)
Temporary Administration of Conservation Programs
"(a)
"(1) the conservation reserve program under subchapter B of
"(2) the environmental quality incentives program under subchapter A of
"(3) the conservation stewardship program under subchapter B of
"(4) the agricultural conservation easement program established under subtitle H of title XII of the Food Security Act of 1985 (
"(b)
"(c)
"(d)
"(e)
"(a)
"(1) the wetlands reserve program, the farmland protection program, and the farm viability program being merged into the agricultural conservation easement program under the amendment made by section 2301 [enacting
"(2) the wildlife habitat incentive program being merged into the environmental quality incentives program under the amendments made by subtitle C [subtitle C (§§2201–2208) of title II of
"(3) the agricultural water enhancement program, the Chesapeake Bay watershed program, the cooperative conservation partnership initiative, and the Great Lakes basin program being merged into the regional conservation partnership program under the amendment made by section 2401 [enacting
"(4) the grassland reserve program being merged into the conservation reserve program under the amendments made by subtitle A [subtitle A (§§2001–2008) of title II of
"(b)
"(1) the provisions of the agricultural conservation easement program and the regional conservation partnership program; and
"(2) the amendments to the environmental quality incentives program and the conservation reserve program made by this title.
"(c)
"(d)
"(e)
Continuation of Programs in Fiscal Year 2008
[
Reform and Assessment of Conservation Programs
Conservation Corridor Demonstration Program
Cranberry Acreage Reserve Program
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
1 See References in Text note below.
SUBCHAPTER II—HIGHLY ERODIBLE LAND CONSERVATION
§3811. Program ineligibility
(a) In general
Except as provided in
(1) as to any commodity produced during that crop year by such person—
(A) contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [
(B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (
(C) a disaster payment;
(D) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act (
(E) any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (
(i) only apply to reinsurance years subsequent to the date of final determination of a violation, including all administrative appeals; and
(ii) not apply to the existing reinsurance year or any reinsurance year prior to the date of final determination;
(2) a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (
(3) during the crop year—
(A) a payment made pursuant to a contract entered into under the environmental quality incentives program under subpart A of part IV of subchapter IV;
(B) a payment under any other provision of subchapter IV;
(C) a payment under
(D) a payment, loan, or other assistance under
(b) Highly erodible land
The Secretary shall have, and shall not delegate to any private person or entity, authority to determine whether a person has complied with this subchapter.
(
Editorial Notes
References in Text
The Agricultural Market Transition Act, referred to in subsec. (a)(1)(A), is title I of
The Commodity Credit Corporation Charter Act, referred to in subsec. (a)(1)(A), is act June 29, 1948, ch. 704,
The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(1)(D), is title III of
The Federal Crop Insurance Act, referred to in subsec. (a)(1)(E), is subtitle A of title V of act Feb. 16, 1938, ch. 30,
Amendments
2018—Subsec. (a)(3)(A).
2014—Subsec. (a).
Subsec. (a)(1)(E).
2002—
1996—
Par. (1)(A).
Par. (1)(C).
Par. (1)(D).
Par. (1)(E).
Par. (3).
"(A) a payment made under section 590h, section 590l or
"(B) a payment made under section 2201 or
"(C) a payment under any contract entered into pursuant to
"(D) a payment under part II of subchapter IV of this chapter;
"(E) a payment under part III of subchapter IV of this chapter; or
"(F) a payment, loan or other assistance under section 1003 or
1991—Par. (1)(D).
Par. (3)(D), (E).
1990—
Par. (1)(D).
Par. (3).
Statutory Notes and Related Subsidiaries
Change of Name
Consolidated Farm Service Agency effectively renamed Farm Service Agency by the amendments made to
Effective Date of 1996 Amendment
Short Title
Wind Erosion Estimation Pilot Project
"(a)
"(b)
"(1) have approximately 100 percent of their cropland determined to be highly erodible under title XII of the Act [
"(2) have a reasonable likelihood that the use of wind erosion factors under title XII of the Act have resulted in an inequitable application of the highly erodible land requirements of title XII of the Act; and
"(3) if the use of the land classification system under section 1201(a)(9)(A) of the Act [
"(c)
1 See Change of Name note below.
§3812. Exemptions
(a) Persons eligible for program benefits in connection with production or reduced production of crops on certain lands; eligibility based upon compliance with conservation plan by January 1, 1995; minimization of documentation
(1) During the period beginning on December 23, 1985, and ending on the later of January 1, 1990, or the date that is 2 years after the date land on which a crop of an agricultural commodity is produced was mapped by the Soil Conservation Service for purposes of classifying such land under the land capability classification system in effect on December 23, 1985, except as provided in paragraph (2), no person shall become ineligible under
(A) cultivated to produce any of the 1981 through 1985 crops of an agricultural commodity; or
(B) set aside, diverted or otherwise not cultivated under a program administered by the Secretary for any such crops to reduce production of an agricultural commodity.
(2)
(A)
(B)
(C)
(i)
(ii)
(iii)
(I) only apply to reinsurance years subsequent to the date of a final determination of a violation, including all administrative appeals; and
(II) not apply to the existing reinsurance year or any reinsurance year prior to the date of the final determination.
(3) Any person who owns or operates highly erodible land that was the subject of a contract entered into under subpart B of part I of subchapter IV shall only be required to apply a conservation plan established under this subchapter. The person shall not be required to meet a higher conservation standard than the standard applied to other highly erodible cropland located within the same area. If the person's conservation plan requires structures to be constructed, the person shall have until 2 years after the expiration of such contract to comply with the conservation plan, or a longer period of time if the Secretary determines compliance is otherwise technically or economically not feasible, or such longer period is otherwise appropriate, before such person will be subject to program ineligibility with respect to such land under
(4) On the expiration of a contract entered into under subpart B of part I of subchapter IV, the provisions of this subchapter shall apply to the acreage that was the subject of such contract.
(b) Persons eligible for program benefits in connection with production of certain planted crops or production of crops on highly erodible land
No person shall become ineligible under
(1) planted before December 23, 1985; or
(2) planted during any crop year beginning before December 23, 1985.
(c) Ineligibility for loans and payments under section 3811
No person shall become ineligible under
(1) on highly erodible land in an area—
(A) within a conservation district, under a conservation system that has been approved by a conservation district after the district has determined that the conservation system is in conformity with technical standards set forth in the Soil Conservation Service technical guide for such district; or
(B) not within a conservation district, under a conservation system determined by the Secretary to be adequate for the protection of highly erodible land that has been set aside or for the production of such agricultural commodity on any highly erodible land subject to this chapter; or
(2) on highly erodible land that is planted or set aside in reliance on a determination by the Soil Conservation Service that such land was not highly erodible land, except that this paragraph shall not apply to any agricultural commodity that was planted or set aside on any land after the Soil Conservation Service determines that such land is highly erodible land; or
(3) on highly erodible land planted to alfalfa during each of the 1981 through 1985 crop years as part of a rotation practice approved by the Secretary, if the person has submitted a conservation plan, in which case, such person shall have until June 1, 1988, to comply with the plan without being subject to program ineligibility under
(d) Program ineligibility inapplicable to pre-December 23, 1985, section 3811 loans
(e) Limitations on ineligibility for tenants
If a tenant is determined to be ineligible for payments and other benefits under
(1) the tenant has established to the satisfaction of the Secretary that—
(A) the tenant has made a good faith effort to meet the requirements of this section, including enlisting the assistance of the Secretary to obtain a reasonable conservation plan for such farm; and
(B) the landlord on the farm refuses to comply with such plan on such farm; and
(2) the Secretary determines that such lack of compliance is not a part of a scheme or device to avoid such compliance.
The Secretary shall provide an annual report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the ineligibility determinations limited during the previous 12-month period under this subsection.
(f) Graduated penalties
(1) Ineligibility
No person shall become ineligible under
(2) Eligible reviewers
A determination of the Secretary, or a designee of the Secretary, under paragraph (1) shall be reviewed by the applicable—
(A) State Executive Director, with the technical concurrence of the State Conservationist; or
(B) district director, with the technical concurrence of the area conservationist.
(3) Period for implementation
A person who meets the requirements of paragraph (1) shall be allowed a reasonable period of time, as determined by the Secretary, but not to exceed 1 year, during which to implement the measures and practices necessary to be considered to be actively applying the conservation plan of the person.
(4) Penalties
(A) Application
This paragraph applies if the Secretary determines that—
(i) a person has failed to comply with
(ii) the violation—
(I) is technical and minor in nature; and
(II) has a minimal effect on the erosion control purposes of the conservation plan applicable to the land on which the violation has occurred.
(B) Reduction
If this paragraph applies under subparagraph (A), the Secretary shall, in lieu of applying the ineligibility provisions of
(5) Subsequent crop years
Any person whose benefits are reduced for any crop year under this subsection shall continue to be eligible for all of the benefits described in
(g) Preparation or revision of conservation plan
The Secretary, in providing assistance to an individual in the preparation or revision of a conservation plan under this section, shall provide such individual with information—
(1) concerning cost effective and applicable erosion control measures that may be available to such individual to meet the requirements of this section; and
(2) concerning crop flexibility, base adjustment, and conservation assistance options that may be available to such individual to meet the requirements of this section, including the provisions of titles X, XII, and XIII of the Food, Agriculture, Conservation, and Trade Act of 1990 (or the amendments made by such titles).
(h) Noncommercial production of agricultural commodities
(
Editorial Notes
References in Text
Section 2611(a) of the Agricultural Act of 2014, referred to in subsec. (a)(2)(C)(i), is section 2611(a) of
This chapter, referred to in subsec. (c)(1)(B), was in the original "this title", meaning title XII of
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (g)(2), is
Codification
Amendments
2014—Subsec. (a)(2).
2008—Subsec. (f).
1996—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (c)(3).
Subsec. (e)(1)(A).
Subsec. (f)(1).
"(A) not violated the provisions of
"(B) acted in good faith and without the intent to violate the provisions of this subchapter."
Subsec. (f)(2).
Subsec. (f)(3).
Subsec. (f)(4).
Subsec. (f)(4)(C).
Subsec. (f)(5).
1991—Subsec. (f)(4)(A).
Subsec. (g)(2).
1990—Subsec. (a)(3), (4).
Subsec. (b)(1), (2).
Subsec. (b)(3) to (5).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (d).
Subsecs. (e) to (h).
1987—Subsec. (a)(2).
Subsec. (b)(5).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3812a. Development and implementation of conservation plans and conservation systems
(a) Technical requirements
In connection with the standards and guidelines contained in Natural Resources Conservation Service field office technical guides applicable to the development and use of conservation measures and management practices as part of a conservation system, the Secretary shall ensure that the standards and guidelines permit a person to use a conservation system that—
(1) is technically and economically feasible;
(2) is based on local resource conditions and available conservation technology;
(3) is cost-effective; and
(4) does not cause undue economic hardship on the person applying the conservation system under the person's conservation plan.
(b) Measurement of erosion reduction
For the purpose of determining whether there is a substantial reduction in soil erosion on a field containing highly erodible cropland, the measurement of erosion reduction achieved by the application of a conservation system under a person's conservation plan shall be based on the estimated annual level of erosion at the time of the measurement compared to the estimated annual level of erosion that existed before the implementation of the conservation measures and management practices provided for in the conservation system.
(c) Residue measurement
(1) Responsibilities of the Secretary
For the purpose of measuring the level of residue on a field, the Secretary shall—
(A) take into account any residue incorporated into the top 2 inches of soil, as well as the growing crop, in the measurement;
(B) provide technical guidelines for acceptable residue measurement methods;
(C) provide a certification system for third parties to perform residue measurements; and
(D) provide for the acceptance and use of information and data voluntarily provided by the producer regarding the field.
(2) Acceptance of producer measurements
Annual residue measurements supplied by a producer (including measurements performed by a certified third party) shall be used by the Secretary if the Secretary determines that the measurements indicate that the residue level for the field meets the level required under the conservation plan.
(d) Certification of compliance
(1) In general
For the purpose of determining the eligibility of a person for program benefits specified in
(2) Status reviews
If a person makes a certification under paragraph (1), the Secretary shall not be required to carry out a review of the status of compliance of the person with the conservation plan under which the conservation system is being applied.
(3) Revisions and modifications
The Secretary shall permit a person who makes a certification under paragraph (1) with respect to a conservation plan to revise the conservation plan in any manner, if the same level of conservation treatment provided for by the conservation system under the person's conservation plan is maintained. The Secretary may not revise the person's conservation plan without the concurrence of the person.
(4) Crop insurance premium assistance
For the purpose of determining the eligibility of a person for the payment described in
(e) Technical assistance
The Secretary shall, using available resources and consistent with the Secretary's other conservation responsibilities and objectives, provide technical assistance to a person throughout the development, revision, and application of the conservation plan and any conservation system of the person. At the request of the person, the Secretary may provide technical assistance regarding conservation measures and management practices for other lands of the person that do not contain highly erodible cropland.
(f) Encouragement of on-farm research
To encourage on-farm conservation research, the Secretary may allow a person to include in the person's conservation plan or a conservation system under the plan, on a field trial basis, practices that are not currently approved but that the Secretary considers have a reasonable likelihood of success.
(
Editorial Notes
Prior Provisions
A prior section 1213 of
Amendments
2014—Subsec. (d)(4).
§3813. Soil surveys
The Secretary shall, as soon as is practicable after December 23, 1985, complete soil surveys on those private lands that do not have a soil survey suitable for use in determining the land capability class for purposes of this subchapter. In carrying out this section, the Secretary shall, insofar as possible, concentrate on those localities where significant amounts of highly erodible land are being converted to the production of agricultural commodities.
(
§3814. Notice and investigation of possible compliance deficiencies
(a) In general
An employee of the Department of Agriculture who observes a possible compliance deficiency or other potential violation of a conservation plan or this subchapter while providing on-site technical assistance shall provide to the responsible persons, not later than 45 days after observing the possible violation, information regarding actions needed to comply with the plan and this subchapter. The employee shall provide the information in lieu of reporting the observation as a compliance violation.
(b) Corrective action
The responsible persons shall attempt to correct the deficiencies as soon as practicable after receiving the information.
(c) Review
If the corrective action is not fully implemented not later than 1 year after the responsible persons receive the information, the Secretary may conduct a review of the status of compliance of the persons with the conservation plan and this subchapter.
(
SUBCHAPTER III—WETLAND CONSERVATION
§3821. Program ineligibility
(a) Production on converted wetland
Except as provided in this subchapter and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on converted wetland, as determined by the Secretary, shall be—
(1) in violation of this section; and
(2) ineligible for loans or payments in an amount determined by the Secretary to be proportionate to the severity of the violation.
(b) Ineligibility for certain loans and payments
If a person is determined to have committed a violation under subsection (a) during a crop year, the Secretary shall determine which of, and the amount of, the following loans and payments for which the person shall be ineligible:
(1) Contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [
(2) A loan made or guaranteed under the Consolidated Farm and Rural Development Act (
(3) During the crop year:
(A) A payment made pursuant to a contract entered into under the environmental quality incentives program under subpart A of part IV of subchapter IV.
(B) A payment under any other provision of subchapter IV.
(C) A payment under
(D) A payment, loan, or other assistance under
(c) Ineligibility for crop insurance premium assistance
(1) Requirements
(A) In general
If a person is determined to have committed a violation under subsection (a) or (d) during a crop year, the person shall be ineligible to receive any payment of any portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act (
(B) Applicability
Ineligibility under this subsection shall—
(i) only apply to reinsurance years subsequent to the date of a final determination of a violation, including all administrative appeals; and
(ii) not apply to the existing reinsurance year or any reinsurance year prior to the date of the final determination.
(2) Conversions
(A) In general
Notwithstanding paragraph (1), ineligibility for crop insurance premium assistance shall apply in accordance with this paragraph.
(B) New conversions
In the case of a wetland that the Secretary determines was converted after February 7, 2014—
(i) the person shall be ineligible to receive crop insurance premium subsidies in subsequent reinsurance years unless the Secretary determines that an exemption pursuant to
(ii) for any violation that the Secretary determines impacts less than 5 acres of an entire farm, the person may pay a contribution in an amount equal to 150 percent of the cost of mitigation, as determined by the Secretary, to the fund described in
(C) Prior conversions
In the case of a wetland that the Secretary determines was converted prior to February 7, 2014, ineligibility under this subsection shall not apply.
(D) Conversions and new policies or plans of insurance
In the case of an agricultural commodity for which an individual policy or plan of insurance is available for the first time to the person after February 7, 2014—
(i) ineligibility shall apply only to conversions that take place after the date on which the policy or plan of insurance first becomes available to the person; and
(ii) the person shall take such steps as the Secretary determines appropriate to mitigate any prior conversion in a timely manner but not to exceed 2 reinsurance years.
(3) Limitations
(A) Mitigation required
Except as otherwise provided in this paragraph, a person subject to a final determination, including all administrative appeals, of a violation described in subsection (d) shall have 1 reinsurance year to initiate a mitigation plan to remedy the violation, as determined by the Secretary, before becoming ineligible under this subsection in the following reinsurance year to receive any payment of any portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (
(B) Persons covered for the first time
Notwithstanding the requirements of paragraph (1), in the case of a person that is subject to this subsection for the first time solely due to the amendment made by section 2611(b) of the Agricultural Act of 2014, the person shall have 2 reinsurance years after the reinsurance year in which a final determination is made, including all administrative appeals, of a violation described in this subsection to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with this subsection.
(C) Good faith
If the Secretary determines that a person subject to a final determination, including all administrative appeals, of a violation described in this subsection acted in good faith and without intent to commit a violation described in this subsection as described in
(D) Tenant relief
(i) In general
If a tenant is determined to be ineligible for payments and other benefits under this subsection, the Secretary may limit the ineligibility only to the farm that is the basis for the ineligibility determination if the tenant has established, to the satisfaction of the Secretary that—
(I) the tenant has made a good faith effort to meet the requirements of this section, including enlisting the assistance of the Secretary to obtain a reasonable plan for restoration or mitigation for the farm;
(II) the landlord on the farm refuses to comply with the plan on the farm; and
(III) the Secretary determines that the lack of compliance is not a part of a scheme or device to avoid the compliance.
(ii) Report
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 concerning the ineligibility determinations limited during the previous 12-month period under this subparagraph.
(E) Certificate of compliance
(i) In general
Beginning with the first full reinsurance year immediately following February 7, 2014, all persons seeking eligibility for the payment of a portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (
(ii) Timely evaluation
The Secretary shall evaluate the certification in a timely manner and—
(I) a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation; and
(II) if the Secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of this subsection, ineligibility shall not apply to the person for that violation.
(iii) Equitable contribution
(I) In general
If a person fails to notify the Secretary as required and is subsequently found to be in violation of this subsection, the Secretary shall—
(aa) determine the amount of an equitable contribution to conservation by the person for the violation; and
(bb) deposit the contribution in the fund described in
(II) Limitation
The contribution shall not exceed the total of the portion of the premium paid by the Federal Crop Insurance Corporation for a policy or plan of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this subparagraph.
(4) Duties of the Secretary
(A) In general
In carrying out this subsection, the Secretary shall use existing processes and procedures for certifying compliance.
(B) Responsibility
The Secretary, acting through the agencies of the Department of Agriculture, shall be solely responsible for determining whether a producer is eligible to receive crop insurance premium subsidies in accordance with this subsection.
(C) Limitation
The Secretary shall ensure that no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability for the eligibility of an insured producer under this subsection, other than in cases of misrepresentation, fraud, or scheme and device.
(d) Wetland conversion
(1) In general
Except as provided in
(2) Duty of the Secretary
No person shall become ineligible under paragraph (1) if the Secretary determines that an exemption under
(e) Prior loans
This section shall not apply to a loan described in subsection (b) made before December 23, 1985.
(f) Wetland
The Secretary shall have, and shall not delegate to any private person or entity, authority to determine whether a person has complied with this subchapter.
(
Editorial Notes
References in Text
The Agricultural Market Transition Act, referred to in subsec. (b)(1), is title I of
The Commodity Credit Corporation Charter Act, referred to in subsec. (b)(1), is act June 29, 1948, ch. 704,
The Consolidated Farm and Rural Development Act, referred to in subsec. (b)(2), is title III of
The Federal Crop Insurance Act, referred to in subsec. (c)(1)(A), (3)(A), (E)(i), is subtitle A of title V of act Feb. 16, 1938, ch. 30,
Section 2611(b) of the Agricultural Act of 2014, referred to in subsec. (c)(3)(B), is section 2611(b) of
Amendments
2018—Subsec. (b)(3)(A).
Subsec. (d).
2014—Subsecs. (c) to (f).
2002—Subsec. (e).
1996—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1992—Subsec. (a)(1)(D).
1991—Subsec. (a)(1)(D).
1990—Subsec. (a).
Subsec. (a)(1)(D).
Subsec. (a)(3).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name
Consolidated Farm Service Agency effectively renamed Farm Service Agency by the amendments made to
Effective Date of 1996 Amendment
Short Title
1 See Change of Name note below.
§3822. Delineation of wetlands; exemptions
(a) Delineation by Secretary
(1) In general
Subject to subsection (b) and paragraph (6), the Secretary shall delineate, determine, and certify all wetlands located on subject land on a farm.
(2) Wetland delineation maps
The Secretary shall delineate wetlands on wetland delineation maps. On the request of a person, the Secretary shall make a reasonable effort to make an on-site wetland determination prior to delineation.
(3) Certification
On providing notice to affected persons, the Secretary shall—
(A) certify whether a map is sufficient for the purpose of making a determination of ineligibility for program benefits under
(B) provide an opportunity to appeal the certification prior to the certification becoming final.
(4) Duration of certification
A final certification made under paragraph (3) shall remain valid and in effect as long as the area is devoted to an agricultural use or until such time as the person affected by the certification requests review of the certification by the Secretary.
(5) Review of mapping on appeal
In the case of an appeal of the Secretary's certification, the Secretary shall review and certify the accuracy of the mapping of all land subject to the appeal to ensure that the subject land has been accurately delineated. Prior to rendering a decision on the appeal, the Secretary shall conduct an on-site inspection of the subject land on a farm.
(6) Reliance on prior certified delineation
No person shall be adversely affected because of having taken an action based on a previous certified wetland delineation by the Secretary. The delineation shall not be subject to a subsequent wetland certification or delineation by the Secretary, unless requested by the person under paragraph (4).
(b) Exemptions
No person shall become ineligible under
(1) As the result of the production of an agricultural commodity on the following lands:
(A) A converted wetland if the conversion of the wetland was commenced before December 23, 1985.
(B) Land that is a nontidal drainage or irrigation ditch excavated in upland.
(C) A wet area created by a water delivery system, irrigation, irrigation system, or application of water for irrigation.
(D) A wetland on which the owner or operator of a farm or ranch uses normal cropping or ranching practices to produce an agricultural commodity in a manner that is consistent for the area where the production is possible as a result of a natural condition, such as drought, and is without action by the producer that destroys a natural wetland characteristic.
(E) Land that is an artificial lake or pond created by excavating or diking land (that is not a wetland) to collect and retain water and that is used primarily for livestock watering, fish production, irrigation, wildlife, fire control, flood control, cranberry growing, or rice production, or as a settling pond.
(F) A wetland that is temporarily or incidentally created as a result of adjacent development activity.
(G) A converted wetland if the original conversion of the wetland was commenced before December 23, 1985, and the Secretary determines the wetland characteristics returned after that date as a result of—
(i) the lack of maintenance of drainage, dikes, levees, or similar structures;
(ii) a lack of management of the lands containing the wetland; or
(iii) circumstances beyond the control of the person.
(H) A converted wetland, if—
(i) the converted wetland was determined by the Natural Resources Conservation Service to have been manipulated for the production of an agricultural commodity or forage prior to December 23, 1985, and was returned to wetland conditions through a voluntary restoration, enhancement, or creation action subsequent to that determination;
(ii) technical determinations regarding the prior site conditions and the restoration, enhancement, or creation action have been adequately documented by the Natural Resources Conservation Service;
(iii) the proposed conversion action is approved by the Natural Resources Conservation Service prior to implementation; and
(iv) the extent of the proposed conversion is limited so that the conditions will be at least equivalent to the wetland functions and values that existed prior to implementation of the voluntary wetland restoration, enhancement, or creation action.
(2) For the conversion of the following:
(A) An artificial lake or pond created by excavating or diking land that is not a wetland to collect and retain water and that is used primarily for livestock watering, fish production, irrigation, wildlife, fire control, flood control, cranberry growing, rice production, or as a settling pond.
(B) A wetland that is temporarily or incidentally created as a result of adjacent development activity.
(C) A wetland on which the owner or operator of a farm or ranch uses normal cropping or ranching practices to produce an agricultural commodity in a manner that is consistent for the area where the production is possible as a result of a natural condition, such as drought, and is without action by the producer that destroys a natural wetland characteristic.
(D) A wetland previously identified as a converted wetland (if the original conversion of the wetland was commenced before December 23, 1985), but that the Secretary determines returned to wetland status after that date as a result of—
(i) the lack of maintenance of drainage, dikes, levees, or similar structures;
(ii) a lack of management of the lands containing the wetland; or
(iii) circumstances beyond the control of the person.
(E) A wetland, if—
(i) the wetland was determined by the Natural Resources Conservation Service to have been manipulated for the production of an agricultural commodity or forage prior to December 23, 1985, and was returned to wetland conditions through a voluntary restoration, enhancement, or creation action subsequent to that determination;
(ii) technical determinations regarding the prior site conditions and the restoration, enhancement, or creation action have been adequately documented by the Natural Resources Conservation Service;
(iii) the proposed conversion action is approved by the Natural Resources Conservation Service prior to implementation; and
(iv) the extent of the proposed conversion is limited so that the conditions will be at least equivalent to the wetland functions and values that existed prior to implementation of the voluntary wetland restoration, enhancement, or creation action.
(c) On-site inspection requirement
(1) In general
No program loans, payments, or benefits shall be withheld from a person under this subchapter unless the Secretary has conducted an on-site visit of the subject land, which, except as provided in paragraph (2), shall be conducted in the presence of the affected person.
(2) Exception
The Secretary may conduct an on-site visit under paragraph (1) without the affected person present if the Secretary has made a reasonable effort to include the presence of the affected person at the on-site visit.
(d) Identification of minimal effect exemptions
For purposes of applying the minimal effect exemption under subsection (f)(1), the Secretary shall identify by regulation categorical minimal effect exemptions on a regional basis to assist persons in avoiding a violation of the ineligibility provisions of
(e) Nonwetlands
The Secretary shall exempt from the ineligibility provisions of
(1) Such lands have a predominance of hydric soils.
(2) Such lands are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
(3) Such lands, under normal circumstances, support a prevalence of such vegetation.
(f) Minimal effect; mitigation
The Secretary shall exempt a person from the ineligibility provisions of
(1) The action, individually and in connection with all other similar actions authorized by the Secretary in the area, will have a minimal effect on the functional hydrological and biological value of the wetlands in the area, including the value to waterfowl and wildlife.
(2) The wetland and the wetland values, acreage, and functions are mitigated by the person through the restoration of a converted wetland, the enhancement of an existing wetland, or the creation of a new wetland, and the restoration, enhancement, or creation is—
(A) in accordance with a wetland conservation plan;
(B) in advance of, or concurrent with, the action;
(C) not at the expense of the Federal Government;
(D) in the case of enhancement or restoration of wetlands, on not greater than a 1-for-1 acreage basis unless more acreage is needed to provide equivalent functions and values that will be lost as a result of the wetland conversion to be mitigated;
(E) in the case of creation of wetlands, on greater than a 1-for-1 acreage basis if more acreage is needed to provide equivalent functions and values that will be lost as a result of the wetland conversion that is mitigated;
(F) on lands in the same general area of the local watershed as the converted wetland; and
(G) with respect to the restored, enhanced, or created wetland, made subject to an easement that—
(i) is recorded on public land records;
(ii) remains in force for as long as the converted wetland for which the restoration, enhancement, or creation to be mitigated remains in agricultural use or is not returned to its original wetland classification with equivalent functions and values; and
(iii) prohibits making alterations to the restored, enhanced, or created wetland that lower the wetland's functions and values.
(3) The wetland was converted after December 23, 1985, but before November 28, 1990, and the wetland values, acreage, and functions are mitigated by the producer through the requirements of subparagraphs (A), (B), (C), (D), (F), and (G) of paragraph (2).
(4) The action was authorized by a permit issued under
(g) Mitigation appeals
A person shall be afforded the right to appeal, under section 3843 1 of this title, the imposition of a mitigation agreement requiring greater than one-to-one acreage mitigation to which the person is subject.
(h) Good faith exemption
(1) Exemption described
The Secretary may waive a person's ineligibility under
(2) Eligible reviewers
A determination of the Secretary, or a designee of the Secretary, under paragraph (1) shall be reviewed by the applicable—
(A) State Executive Director, with the technical concurrence of the State Conservationist; or
(B) district director, with the technical concurrence of the area conservationist.
(3) Period for compliance
The Secretary shall provide a person who the Secretary determines has acted in good faith and without intent to violate this subchapter with a reasonable period, but not to exceed 1 year, during which to implement the measures and practices necessary to be considered to be actively restoring the subject wetland.
(i) Restoration
Any person who is determined to be ineligible for program benefits under
(j) Determinations; restoration and mitigation plans; monitoring activities
Technical determinations, the development of restoration and mitigation plans, and monitoring activities under this section shall be made by the Natural Resources Conservation Service.
(k) Mitigation banking
(1) Mitigation banking program
(A) In general
Using authorities available to the Secretary, the Secretary shall operate a program or work with third parties to establish mitigation banks to assist persons in complying with the provisions of this section while mitigating any loss of wetland values and functions.
(B) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000 for each of fiscal years 2019 through 2023.
(2) Applicability
Subsection (f)(2)(C) shall not apply to this subsection.
(3) Policy and criteria
The Secretary shall develop the appropriate policy and criteria that will allow willing persons to access existing mitigation banks, under this section or any other authority, that will serve the purposes of this section without requiring the Secretary to hold an easement, in whole or in part, in a mitigation bank.
(
Editorial Notes
References in Text
Codification
Amendments
2018—Subsec. (c).
Subsec. (j).
Subsec. (k)(1)(B).
2014—Subsec. (k).
2008—Subsec. (h)(2), (3).
1996—Subsec. (a).
Subsec. (b).
Subsec. (d).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Effective Date of 1996 Amendment
Amendment by
1 See References in Text note below.
§3823. Affiliated persons
If a person is affected by a reduction in benefits under
(
Editorial Notes
Prior Provisions
A prior section 3823,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 90 days after Apr. 4, 1996, see section 326 of
§3824. Fairness of compliance
If the actions of an unrelated person or public entity, outside the control of, and without the prior approval of, the landowner or tenant result in a change in the characteristics of cropland that would cause the land to be determined to be a wetland, the affected land shall not be considered to be wetland for purposes of this subchapter.
(
SUBCHAPTER IV—AGRICULTURAL RESOURCES CONSERVATION PROGRAM
Part I—Comprehensive Conservation Enhancement Program
subpart a—general provisions
§3830. Repealed. Pub. L. 113–79, title II, §2701, Feb. 7, 2014, 128 Stat. 766
Section,
Statutory Notes and Related Subsidiaries
Conservation Assistance
Farmland Protection Program
[
§3830a. Repealed. Pub. L. 107–171, title I, §1613(j)(3), title II, §2006(c), May 13, 2002, 116 Stat. 221 , 237
Section,
subpart b—conservation reserve
Editorial Notes
Codification
Subchapter B of
§3831. Conservation reserve
(a) In general
Through the 2023 fiscal year, the Secretary shall formulate and carry out a conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve and improve the soil, water, and wildlife resources of such land and to address issues raised by State, regional, and national conservation initiatives.
(b) Eligible land
The Secretary may include in the program established under this subpart—
(1) highly erodible cropland that—
(A)(i) if permitted to remain untreated could substantially reduce the agricultural production capability for future generations; or
(ii) cannot be farmed in accordance with a plan that complies with the requirements of subchapter II; and
(B) the Secretary determines had a cropping history or was considered to be planted for 4 of the 6 years preceding December 20, 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program;
(2) marginal pasture land to be devoted to appropriate vegetation, including trees, in or near riparian areas, or devoted to similar water quality purposes (including marginal pastureland converted to wetland or established as wildlife habitat);
(3) grasslands that—
(A) contain forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;
(B) are located in an area historically dominated by grasslands; and
(C) could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition;
(4) cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and will be devoted to—
(A) a grass sod waterway;
(B) a contour grass sod strip;
(C) a prairie strip;
(D) a filterstrip;
(E) a riparian buffer;
(F) a wetland or a wetland buffer;
(G) a saturated buffer;
(H) a bioreactor; or
(I) another similar water quality practice, as determined by the Secretary;
(5) cropland that is otherwise ineligible if the Secretary determines that—
(A) if permitted to remain in agricultural production, the land would—
(i) contribute to the degradation of soil, water, or air quality; or
(ii) pose an on-site or off-site environmental threat to soil, water, or air quality;
(B) the land is a—
(i) newly-created, permanent grass sod waterway; or
(ii) a contour grass sod strip established and maintained as part of an approved conservation plan;
(C) the land will be devoted to newly established living snow fences, permanent wildlife habitat, windbreaks, shelterbelts, salt tolerant vegetation, field borders, or practices to benefit State or federally identified wellhead protection areas;
(D) the land poses an off-farm environmental threat, or a threat of continued degradation of productivity due to soil salinity, if permitted to remain in production; or
(E) enrollment of the land would facilitate a net savings in groundwater or surface water resources of the agricultural operation of the producer;
(6) the portion of land in a field not enrolled in the conservation reserve in a case in which—
(A) more than 50 percent of the land in the field is enrolled as a buffer or filterstrip, or more than 75 percent of the land in the field is enrolled as a conservation practice other than as a buffer or filterstrip; and
(B) the remainder of the field is—
(i) infeasible to farm; and
(ii) enrolled at regular rental rates; or
(7) as determined by the Secretary, land—
(A) that was enrolled in the conservation reserve program under a 15-year contract that expired on September 30, 2017, or September 30, 2018;
(B) for which there was no opportunity for additional enrollment in that program; and
(C) on which the conservation practice under the expired contract under subparagraph (A) is maintained.
(c) Planting status of certain land
For purposes of determining the eligibility of land to be placed in the conservation reserve established under this subpart, land shall be considered to be planted to an agricultural commodity during a crop year if, during the crop year, the land was devoted to a conserving use.
(d) Enrollment
(1) Maximum acreage enrolled
The Secretary may maintain in the conservation reserve at any one time during—
(A) fiscal year 2019, not more than 24,000,000 acres;
(B) fiscal year 2020, not more than 24,500,000 acres;
(C) fiscal year 2021, not more than 25,000,000 acres;
(D) fiscal year 2022, not more than 25,500,000 acres; and
(E) fiscal year 2023, not more than 27,000,000 acres.
(2) Grasslands
(A) Limitation
For purposes of applying the limitations in paragraph (1)—
(i) the Secretary shall enroll and maintain in the conservation reserve not fewer than 2,000,000 acres of the land described in subsection (b)(3) by September 30, 2023; and
(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
(I) fiscal year 2019, 1,000,000 acres;
(II) fiscal year 2020, 1,500,000 acres; and
(III) fiscal years 2021 through 2023, 2,000,000 acres.
(B) Priority
In enrolling acres under subparagraph (A), the Secretary may give priority to land, as determined by the Secretary—
(i) with expiring conservation reserve contracts;
(ii) at risk of conversion or development; or
(iii) of ecological significance, including land that—
(I) may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 (
(II) may assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973 (
(III) improves or creates wildlife habitat corridors.
(C) Method of enrollment
(i) In general
In enrolling acres under subparagraph (A), the Secretary shall make the program available to owners or operators of eligible land on an annual enrollment basis with one or more ranking periods.
(ii) Timing of grassland ranking period
For purposes of grasslands described in subsection (b)(3), the Secretary shall announce at least 1 ranking period subsequent to the announcement of general enrollment offers.
(D) Reservation of unenrolled acres
If the Secretary is unable in a fiscal year to enroll enough acres of land described in subsection (b)(3) to meet the number of acres described in clause (ii) or (iii) 1 of subparagraph (A) for the fiscal year—
(i) the Secretary shall reserve the remaining number of acres for that fiscal year for the enrollment of land described in subsection (b)(3); and
(ii) that number of acres shall not be available for the enrollment of any other type of eligible land.
(3) Water quality practices to foster clean lakes, estuaries, and rivers (clear initiative)
(A) In general
The Secretary shall give priority within continuous enrollment under paragraph (6) to the enrollment of land described in subsection (b)(4).
(B) Sediment and nutrient loadings
In carrying out subparagraph (A), the Secretary shall give priority to the implementation of practices on land that, if enrolled, will help reduce sediment loadings, nutrient loadings, and harmful algal blooms, as determined by the Secretary.
(C) Acreage
(i) In general
Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 40 percent of acres enrolled in the conservation reserve using continuous enrollment under paragraph (6) shall be of land described in subsection (b)(4).
(ii) Limitation
The acres described in clause (i) shall not include grasslands described in subsection (b)(3).
(D) Report
The Secretary shall—
(i) in the monthly publication of the Secretary describing conservation reserve program statistics, include a description of enrollments through the priority under this paragraph; and
(ii) publish on the website of the Farm Service Agency an annual report describing a summary of, with respect to the enrollment priority under this paragraph—
(I) new enrollments;
(II) expirations;
(III) geographic distribution; and
(IV) estimated water quality benefits.
(4) State enrollment rates
At the beginning of each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall allocate to the States proportionately 60 percent of the available number of acres each year for enrollment in the conservation reserve, in accordance with historical State enrollment rates, taking into consideration—
(A) the average number of acres of all land enrolled in the conservation reserve in each State during each of fiscal years 2007 through 2016;
(B) the average number of acres of all land enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and
(C) the acres available for enrollment during each of fiscal years 2019 through 2023, excluding acres described in paragraph (2).
(5) Frequency
In carrying out this subpart, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup and enrollment not less often than once each year.
(6) Continuous enrollment procedure
(A) In general
To the maximum extent practicable, the Secretary shall allow producers to submit applications on a continuous basis for enrollment in—
(i) the conservation reserve of—
(I) marginal pasture land described in subsection (b)(2);
(II) land described in subsection (b)(4); and
(III) cropland described in subsection (b)(5); and
(ii) the conservation reserve enhancement program under
(B) Limitation
For purposes of applying the limitations in paragraph (1)—
(i) the Secretary shall, to the maximum extent practicable, enroll and maintain not fewer than 8,600,000 acres of land under subparagraph (A) by September 30, 2023; and
(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—
(I) fiscal year 2019, 8,000,000 acres;
(II) fiscal year 2020, 8,250,000 acres;
(III) fiscal year 2021, 8,500,000 acres; and
(IV) fiscal years 2022 and 2023, 8,600,000 acres.
(e) Duration of contract
(1) In general
For the purpose of carrying out this subpart, the Secretary shall enter into contracts of not less than 10, nor more than 15, years.
(2) Special rule for certain land
In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subpart, the owner or operator of the land may, within the limitations prescribed under paragraph (1), specify the duration of the contract.
(f) Conservation priority areas
(1) Designation
On application by the appropriate State agency, the Secretary shall designate areas of special environmental sensitivity as conservation priority areas.
(2) Eligible areas
Areas eligible for designation under this subsection shall include areas with actual and significant adverse water quality or habitat impacts related to agricultural production activities.
(3) Expiration
Conservation priority area designation under this subsection shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw an area's designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities.
(4) Duty of Secretary
In carrying out this subsection, the Secretary shall attempt to maximize water quality and habitat benefits in the watersheds described in paragraph (1) by promoting a significant level of enrollment of land within the watersheds in the program under this subpart by whatever means the Secretary determines are appropriate and consistent with the purposes of this subpart.
(g) Multi-year grasses and legumes
(1) In general
For purposes of this subpart, alfalfa and other multi-year grasses and legumes in a rotation practice, approved by the Secretary, shall be considered agricultural commodities.
(2) Cropping history
Alfalfa, when grown as part of a rotation practice, as determined by the Secretary, is an agricultural commodity subject to the cropping history criteria under subsection (b)(1)(B) for the purpose of determining whether highly erodible cropland has been planted or considered planted for 4 of the 6 years referred to in such subsection.
(h) Eligibility for consideration
(1) In general
On the expiration of a contract entered into under this subpart, the land subject to the contract shall be eligible to be considered for reenrollment in the conservation reserve.
(2) Reenrollment limitation for certain land
(A) In general
Except as provided in subparagraph (B), land subject to a contract entered into under this subpart shall be eligible for only one reenrollment in the conservation reserve under paragraph (1) if the land is devoted to hardwood trees.
(B) Exclusions
Subparagraph (A) shall not apply to—
(i) riparian forested buffers;
(ii) forested wetlands enrolled under subsection (d)(3) or the conservation reserve enhancement program under
(iii) shelterbelts.
(i) Balance of natural resource purposes
In determining the acceptability of contract offers under this subpart, the Secretary shall ensure, to the maximum extent practicable, an equitable balance among the conservation purposes of soil erosion, water quality, and wildlife habitat.
(
Editorial Notes
References in Text
The Endangered Species Act of 1973, referred to in subsec. (d)(2)(B)(iii)(I), (II), is
Codification
Prior Provisions
A prior section 3831,
Amendments
2018—Subsec. (a).
Subsec. (b)(1)(B).
Subsec. (b)(4).
Subsec (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (d)(1).
"(A) fiscal year 2014, no more than 27,500,000 acres;
"(B) fiscal year 2015, no more than 26,000,000 acres;
"(C) fiscal year 2016, no more than 25,000,000 acres;
"(D) fiscal year 2017, no more than 24,000,000 acres; and
"(E) fiscal year 2018, no more than 24,000,000 acres."
Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
Subsec. (d)(2)(C).
Subsec. (d)(2)(D).
Subsec. (d)(3) to (6).
Subsec. (h).
2014—Subsec. (a).
Subsec. (b)(1)(B).
Subsec. (b)(2), (3).
Subsec. (b)(4)(C).
Subsec. (b)(5).
"(A) the land is enrolled as part of the buffer; and
"(B) the remainder of the field is—
"(i) infeasible to farm; and
"(ii) enrolled at regular rental rates."
Subsec. (c).
"(1) during the crop year, the land was devoted to a conserving use; or
"(2)(A) during the crop year or during any of the 2 years preceding the crop year, the land was enrolled in the water bank program; and
"(B) the contract of the owner or operator of the cropland expired or will expire in calendar year 2000, 2001, or 2002."
Subsec. (d).
Subsec. (e)(2), (3).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(3).
"(A) on application by the appropriate State agency; or
"(B) in the case of an area covered by this subsection, if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities."
2013—Subsec. (d).
2008—Subsec. (a).
Subsec. (b)(1)(B).
Subsec. (b)(4)(C) to (E).
Subsec. (d).
Subsec. (f)(1).
Subsec. (g).
Subsecs. (h) to (j).
Subsec. (k).
2007—Subsec. (k)(2).
2006—Subsec. (k)(3)(G).
2005—Subsec. (k).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Regulations
Eligible Land; State Law Requirements
Effect on Existing Contracts
"(a)
"(b)
Study on Economic Effects
Study of Impact of Pilot Program
Study of Land Use for Expiring Contracts and Extension of Authority
Existing Conservation Programs
1 So in original. There is no cl. (iii) of subpar. (A).
§3831a. Conservation reserve enhancement program
(a) Definitions
In this section:
(1) CREP
The term "CREP" means a conservation reserve enhancement program carried out under subsection (b)(1).
(2) Eligible land
The term "eligible land" means land that is eligible to be included in the program established under this subpart.
(3) Eligible partner
The term "eligible partner" means—
(A) a State;
(B) a political subdivision of a State;
(C) an Indian tribe (as defined in
(D) a nongovernmental organization.
(4) Management
The term "management" means an activity conducted by an owner or operator under a contract entered into under this subpart after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice—
(A) throughout the term of the contract; and
(B) consistent with the conservation plan that covers the eligible land.
(b) Agreements
(1) In general
The Secretary may enter into an agreement with an eligible partner to carry out a conservation reserve enhancement program—
(A) to assist in enrolling eligible land in the program established under this subpart; and
(B) that the Secretary determines will advance the purposes of this subpart.
(2) Contents
An agreement entered into under paragraph (1) shall—
(A) describe—
(i) 1 or more specific State or nationally significant conservation concerns to be addressed by the agreement;
(ii) quantifiable environmental goals for addressing the concerns under clause (i);
(iii) a suitable acreage goal for enrollment of eligible land under the agreement, as determined by the Secretary;
(iv) the location of eligible land to be enrolled in the project area identified under the agreement;
(v) the payments to be offered by the Secretary and eligible partner to an owner or operator; and
(vi) an appropriate list of conservation reserve program conservation practices that are appropriate to meeting the concerns described under clause (i), as determined by the Secretary in consultation with eligible partners;
(B) subject to subparagraph (C), require the eligible partner to provide matching funds—
(i) in an amount determined during a negotiation between the Secretary and 1 or more eligible partners, if the majority of the matching funds to carry out the agreement are provided by 1 or more eligible partners that are not nongovernmental organizations; or
(ii) in an amount not less than 30 percent of the cost required to carry out the conservation measures and practices described in the agreement, if a majority of the matching funds to carry out the agreement are provided by 1 or more nongovernmental organizations; and
(C) include procedures to allow for a temporary waiver of the matching requirements under subparagraph (B), or continued enrollment with a temporary suspension of incentives or eligible partner contributions for new agreements, during a period when an eligible partner loses the authority or ability to provide matching contributions, if the Secretary determines that the temporary waiver or continued enrollment with a temporary suspension will advance the purposes of this subpart.
(3) Effect on existing agreements
(A) In general
Subject to subparagraph (B), an agreement under this subsection shall not affect, modify, or interfere with existing agreements under this subpart.
(B) Modification of existing agreements
To implement this section, the signatories to an agreement under this subsection may mutually agree to a modification of an agreement entered into before December 20, 2018, under the Conservation Reserve Enhancement Program established by the Secretary under this subpart.
(c) Payments
(1) Matching requirement
Funds provided by an eligible partner may be in cash, in-kind contributions, or technical assistance, as determined by the Secretary.
(2) Marginal pastureland cost-share payments
The Secretary shall ensure that cost-share payments to an owner or operator to install stream fencing, crossings, and alternative water development on marginal pastureland under a CREP reflect the fair market value of the cost of installation.
(3) Cost-share and practice incentive payments
(A) In general
On request of an owner or operator, the Secretary shall provide cost-share payments when a major component of a conservation practice is completed under a CREP, as determined by the Secretary.
(B) Exemption
For purposes of implementing conservation practices on land enrolled under a CREP, the Secretary may waive the contribution limitation described in
(4) Riparian buffer management payments
(A) In general
In the case of an agreement under subsection (b)(1) that includes riparian buffers as an eligible practice, the Secretary shall make cost-share payments to encourage the regular management of the riparian buffer throughout the term of the agreement, consistent with the conservation plan that covers the eligible land.
(B) Limitation
The amount of payments received by an owner or operator under subparagraph (A) shall not be greater than 100 percent of the normal and customary projected management cost, as determined by the Secretary, in consultation with the applicable State technical committee established under
(d) Forested riparian buffer practice
(1) Food-producing woody plants
In the case of an agreement under subsection (b)(1) that includes forested riparian buffers as an eligible practice, the Secretary shall allow an owner or operator—
(A) to plant food-producing woody plants in the forested riparian buffers, on the conditions that—
(i) the plants shall contribute to the conservation of soil, water quality, and wildlife habitat; and
(ii) the planting shall be consistent with—
(I) recommendations of the applicable State technical committee established under
(II) technical guide standards of the applicable field office of the Natural Resources Conservation Service; and
(B) to harvest from plants described in subparagraph (A), on the conditions that—
(i) the harvesting shall not damage the conserving cover or otherwise have a negative impact on the conservation concerns targeted by the CREP;
(ii) only native plant species appropriate to the region shall be used within 35 feet of the watercourse; and
(iii) the producer shall be subject to a reduction in the rental rate commensurate to the value of the crop harvested.
(2) Technical assistance
For the purpose of enrolling forested riparian buffers in a CREP, the Administrator of the Farm Service Agency shall coordinate with the applicable State forestry agency.
(e) Drought and water conservation agreements
In the case of an agreement under subsection (b)(1) to address regional drought concerns, in accordance with the conservation purposes of the CREP, the Secretary, in consultation with the applicable State technical committee established under
(1) notwithstanding subsection (a)(2), enroll other agricultural land on which the resource concerns identified in the agreement can be addressed if the enrollment of the land is critical to the accomplishment of the purposes of the agreement;
(2) permit dryland agricultural uses with the adoption of best management practices on enrolled land if the agreement involves the significant long-term reduction of consumptive water use and dryland production is compatible with the agreement; and
(3) calculate annual rental payments consistent with existing administrative practice for similar drought and water conservation agreements under this subchapter and ensure regional consistency in those rates.
(f) Status report
Not later than 180 days after the end of each fiscal year, the Secretary shall submit to Congress a report that describes, with respect to each agreement entered into under subsection (b)(1)—
(1) the status of the agreement;
(2) the purposes and objectives of the agreement;
(3) the Federal and eligible partner commitments made under the agreement; and
(4) the progress made in fulfilling those commitments.
(
Editorial Notes
Prior Provisions
A prior section 3831a,
Statutory Notes and Related Subsidiaries
Repeal of Former Section 3831a; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
§3831b. Farmable wetland program
(a) Program required
(1) In general
During the 2008 through 2023 fiscal years, the Secretary shall carry out a farmable wetland program in each State under which the Secretary shall enroll eligible acreage described in subsection (b).
(2) Participation among States
The Secretary shall ensure, to the maximum extent practicable, that owners and operators in each State have an equitable opportunity to participate in the program established under this section.
(b) Eligible acreage
(1) Wetland and related land
Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, land—
(A) that is wetland (including a converted wetland described in
(B) on which a constructed wetland is to be developed that will receive surface and subsurface flow from row crop agricultural production and is designed to provide nitrogen removal in addition to other wetland functions;
(C) that was devoted to commercial pond-raised aquaculture in any year during the period of calendar years 2002 through 2007; or
(D) that, after January 1, 1990, and before December 31, 2002, was—
(i) cropped during at least 3 of 10 crop years; and
(ii) subject to the natural overflow of a prairie wetland.
(2) Buffer acreage
Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, buffer acreage that—
(A) with respect to land described in subparagraph (A), (B), or (C) of paragraph (1)—
(i) is contiguous to such land;
(ii) is used to protect such land; and
(iii) is of such width as the Secretary determines is necessary to protect such land, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds such land; and
(B) with respect to land described in subparagraph (D) of paragraph (1), enhances a wildlife benefit to the extent practicable in terms of upland to wetland ratios, as determined by the Secretary.
(c) Program limitations
(1) Acreage limitation
The Secretary may enroll in the conservation reserve, pursuant to the program established under this section, not more than—
(A) 100,000 acres in any State; and
(B) a total of 750,000 acres.
(2) Relationship to maximum enrollment
Subject to paragraph (3), any acreage enrolled in the conservation reserve under this section shall be considered acres maintained in the conservation reserve.
(3) Relationship to other enrolled acreage
Acreage enrolled in the conservation reserve under this section shall not affect for any fiscal year the quantity of—
(A) acreage enrolled to establish conservation buffers as part of the program announced on March 24, 1998 (63 Fed. Reg. 14109); or
(B) acreage enrolled into the conservation reserve enhancement program announced on May 27, 1998 (63 Fed. Reg. 28965).
(4) Review; potential increase in enrollment acreage
The Secretary shall conduct a review of the program established under this section with respect to each State that has enrolled land in the conservation reserve pursuant to the program. As a result of the review, the Secretary may increase the number of acres that may be enrolled in a State under the program to not more than 200,000 acres, notwithstanding paragraph (1)(A).
(d) Owner or operator enrollment limitations
(1) Wetland and related land
(A) Wetlands and constructed wetlands
The maximum size of any land described in subparagraph (A) or (B) of subsection (b)(1) that an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 40 contiguous acres.
(B) Flooded farmland
The maximum size of any land described in subparagraph (D) of subsection (b)(1) that an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, shall be 20 contiguous acres.
(C) Coverage
All acres described in subparagraph (A) or (B), including acres that are ineligible for payment, shall be covered by the conservation contract.
(2) Buffer acreage
The maximum size of any buffer acreage described in subsection (b)(2) that an owner or operator may enroll in the conservation reserve under this section shall be determined by the Secretary in consultation with the State Technical Committee.
(3) Tracts
Except for land described in subsection (b)(1)(C) and buffer acreage related to such land, the maximum size of any eligible acreage described in subsection (b)(1) in a tract of an owner or operator enrolled in the conservation reserve under this section shall be 40 acres.
(e) Duties of owners and operators
During the term of a contract entered into under the program established under this section, an owner or operator shall agree—
(1) to restore the hydrology of the wetland within the eligible acreage to the maximum extent practicable, as determined by the Secretary;
(2) to establish vegetative cover (which may include emerging vegetation in water and bottomland hardwoods, cypress, and other appropriate tree species) on the eligible acreage, as determined by the Secretary;
(3) to a general prohibition of commercial use of the enrolled land; and
(4) to carry out other duties described in
(f) Duties of the Secretary
(1) In general
Except as provided in paragraphs (2) and (3), in return for a contract entered into under this section, the Secretary shall—
(A) make payments to the owner or operator based on rental rates for cropland; and
(B) provide assistance to the owner or operator in accordance with
(2) Contract offers and payments
The Secretary shall use the method of determination described in
(3) Incentives
The amounts payable to owners and operators in the form of rental payments under contracts entered into under this section shall reflect incentives that are provided to owners and operators to enroll filterstrips in the conservation reserve under
(
Editorial Notes
Codification
Prior Provisions
Provisions similar to those comprising this section were contained in
Amendments
2018—Subsec. (a)(1).
Subsec. (b)(2)(A)(i).
Subsec. (f)(2).
2014—
Subsec. (a)(1).
Subsec. (b)(1)(B).
Subsec. (c)(1)(B).
Subsec. (f)(2).
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this section and repeal of
§3831c. Pilot programs
(a) CLEAR 30
(1) In general
(A) Enrollment
The Secretary shall establish a pilot program to enroll land in the conservation reserve program through a 30-year conservation reserve contract (referred to in this subsection as a "CLEAR 30 contract") in accordance with this subsection.
(B) Inclusion of acreage limitation
For purposes of applying the limitations in
(2) Expired conservation contract election
(A) Definition of covered contract
In this paragraph, the term "covered contract" means a contract entered into under this subpart that—
(i) expires on or after December 20, 2018; and
(ii) covers land enrolled in the conservation reserve program under the clean lakes, estuaries, and rivers priority described in
(B) Election
On the expiration of a covered contract, an owner or operator party to the covered contract shall elect—
(i) not to reenroll the land under the contract;
(ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or
(iii) not to reenroll the land under the contract and to enroll that land through a CLEAR 30 contract under this subsection.
(3) Eligible land
Only land that is subject to an expired covered contract shall be eligible for enrollment through a CLEAR 30 contract under this subsection.
(4) Term
The term of a CLEAR 30 contract shall be 30 years.
(5) Agreements
To be eligible to enroll land in the conservation reserve program through a CLEAR 30 contract, the owner of the land shall enter into an agreement with the Secretary—
(A) to implement a conservation reserve plan developed for the land;
(B) to comply with the terms and conditions of the contract and any related agreements; and
(C) to temporarily suspend the base history for the land covered by the contract.
(6) Terms and conditions of CLEAR 30 contracts
(A) In general
A CLEAR 30 contract shall include terms and conditions that—
(i) permit—
(I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and
(II) owners to control public access on the land while identifying access routes to be used for restoration activities and management and contract monitoring;
(ii) prohibit—
(I) the alteration of wildlife habitat and other natural features of the land, unless specifically authorized by the Secretary as part of the conservation reserve plan;
(II) the spraying of the land with chemicals or the mowing of the land, except where the spraying or mowing is authorized by the Secretary or is necessary—
(aa) to comply with Federal or State noxious weed control laws;
(bb) to comply with a Federal or State emergency pest treatment program; or
(cc) to meet habitat needs of specific wildlife species;
(III) any activity to be carried out on the land of the owner or successor that is immediately adjacent to, and functionally related to, the land that is subject to the contract if the activity will alter, degrade, or otherwise diminish the functional value of the land; and
(IV) the adoption of any other practice that would tend to defeat the purposes of the conservation reserve program, as determined by the Secretary; and
(iii) include any additional provision that the Secretary determines is appropriate to carry out this section or facilitate the practical administration of this section.
(B) Violation
On the violation of a term or condition of a CLEAR 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary.
(C) Compatible uses
Land subject to a CLEAR 30 contract may be used for compatible economic uses, including hunting and fishing, managed timber harvest, or periodic haying or grazing, if the use—
(i) is specifically permitted by the conservation reserve plan developed for the land; and
(ii) is consistent with the long-term protection and enhancement of the conservation resources for which the contract was established.
(7) Compensation
(A) Amount of payments
The Secretary shall provide payment under this subsection to an owner of land enrolled through a CLEAR 30 contract using 30 annual payments in an amount equal to the amount that would be used if the land were to be enrolled in the conservation reserve program under
(B) Form of payment
Compensation for a CLEAR 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A).
(C) Timing
The Secretary shall provide any annual payment obligation under subparagraph (A) as early as practicable in each fiscal year.
(D) Payments to others
The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section—
(i) dies;
(ii) becomes incompetent;
(iii) is succeeded by another person or entity who renders or completes the required performance; or
(iv) is otherwise unable to receive the payment.
(8) Technical assistance
(A) In general
The Secretary shall assist owners in complying with the terms and conditions of a CLEAR 30 contract.
(B) Contracts or agreements
The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a CLEAR 30 contract if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program.
(9) Administration
(A) Conservation reserve plan
The Secretary shall develop a conservation reserve plan for any land subject to a CLEAR 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land.
(B) Delegation of contract administration
(i) Federal, State, or local government agencies
The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this subsection to other Federal, State, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities.
(ii) Conservation organizations
The Secretary may delegate any management responsibilities of the Secretary under this subsection to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources.
(b) Soil health and income protection pilot program
(1) Definition of eligible land
In this subsection:
(A) In general
The term "eligible land" means cropland that—
(i) is selected by the owner or operator of the land for proposed enrollment in the pilot program under this subsection; and
(ii) as determined by the Secretary—
(I) is located within 1 or more States that are part of the prairie pothole region, as selected by the Secretary based on consultation with State Committees of the Farm Service Agency and State technical committees established under
(II) had a cropping history or was considered to be planted during each of the 3 crop years preceding enrollment; and
(III) is verified to be less-productive land, as compared to other land on the applicable farm.
(B) Exclusion
The term "eligible land" does not include any land that was enrolled in a conservation reserve program contract in any of the 3 crop years preceding enrollment in the pilot program under this subsection.
(2) Establishment
(A) In general
The Secretary shall establish a voluntary soil health and income protection pilot program under which eligible land is enrolled through the use of contracts to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land.
(B) Deadline for participation
Eligible land may be enrolled in the program under this section through December 31, 2020.1
(3) Contracts
(A) Requirements
A contract described in paragraph (2) shall—
(i) be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and
(ii) provide that, during the term of the contract—
(I) the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land;
(II) except as provided in subparagraph (E), the owner or operator of the eligible land shall pay the cost of planting the conserving use cover crop under subclause (I);
(III) subject to subparagraph (F), the eligible land may be harvested for seed, hayed, or grazed outside the primary nesting season established for the applicable county;
(IV) the eligible land may be eligible for a walk-in access program of the applicable State, if any; and
(V) a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover.
(B) Payments
Except as provided in subparagraphs (E) and (F)(ii)(II), the annual rental rate for a payment under a contract described in paragraph (2) shall be equal to 50 percent of the average rental rate for the applicable county under
(C) Limitation on enrolled land
Not more than 15 percent of the eligible land on a farm may be enrolled in the pilot program under this subsection.
(D) Term
(i) In general
Except as provided in clause (ii), each contract described in paragraph (2) shall be for a term of 3, 4, or 5 years, as determined by the parties to the contract.
(ii) Early termination
(I) Secretary
The Secretary may terminate a contract described in paragraph (2) before the end of the term described in clause (i) if the Secretary determines that the early termination of the contract is necessary.
(II) Owners and operators
An owner and (if applicable) an operator of eligible land enrolled in the pilot program under this subsection may terminate a contract described in paragraph (2) before the end of the term described in clause (i) if the owner and (if applicable) the operator pay to the Secretary an amount equal to the amount of rental payments received under the contract.
(E) Beginning, limited resource, socially disadvantaged, or veteran farmers and ranchers
With respect to a beginning, limited resource, socially disadvantaged, or veteran farmer or rancher, as determined by the Secretary—
(i) a contract described in paragraph (2) shall provide that, during the term of the contract, of the actual cost of establishment of the conserving use cover crop under subparagraph (A)(ii)(I)—
(I) using the funds of the Commodity Credit Corporation, the Secretary shall pay 50 percent; and
(II) the beginning, limited resource, socially disadvantaged, or veteran farmer or rancher shall pay 50 percent; and
(ii) the annual rental rate for a payment under a contract described in paragraph (2) shall be equal to 75 percent of the average rental rate for the applicable county under
(F) Harvesting, haying, and grazing outside applicable period
The harvesting for seed, haying, or grazing of eligible land under subparagraph (A)(ii)(III) outside of the primary nesting season established for the applicable county shall be subject to the conditions that—
(i) with respect to eligible land that is so hayed or grazed, adequate stubble height shall be maintained to protect the soil on the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee; and
(ii) with respect to eligible land that is so harvested for seed—
(I) the eligible land shall not be eligible to be insured or reinsured under the Federal Crop Insurance Act (
(II) the rental payment otherwise applicable to the eligible land under this subsection shall be reduced by 25 percent.
(4) Acreage limitation
Of the number of acres available for enrollment in the conservation reserve under
(5) Report
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 describing the eligible land enrolled in the pilot program under this subsection, including—
(A) the estimated conservation value of the land; and
(B) estimated savings from reduced commodity payments, crop insurance indemnities, and crop insurance premium subsidies.
(
Editorial Notes
References in Text
The Federal Crop Insurance Act, referred to in subsec. (b)(3)(F)(ii)(I), is subtitle A of title V of act Feb. 16, 1938, ch. 30,
Statutory Notes and Related Subsidiaries
Soil Health and Income Protection Pilot Program Extension
1 See Soil Health and Income Protection Pilot Program Extension note below.
§3832. Duties of owners and operators
(a) In general
Under the terms of a contract entered into under this subpart, during the term of the contract, an owner or operator of a farm or ranch shall agree—
(1) to implement a plan approved by the local conservation district (or in an area not located within a conservation district, a plan approved by the Secretary) for converting eligible land normally devoted to the production of an agricultural commodity on the farm or ranch to a less intensive use (as defined by the Secretary), such as pasture, permanent grass, legumes, forbs, shrubs, or trees, substantially in accordance with a schedule outlined in the plan;
(2) to place highly erodible cropland subject to the contract in the conservation reserve established under this subpart;
(3) not to use the land for agricultural purposes, except as permitted by the Secretary;
(4) to establish approved vegetative cover (which may include emerging vegetation in water), water cover for the enhancement of wildlife, or, where practicable, maintain existing cover on the land, except that—
(A) the water cover shall not include ponds for the purpose of watering livestock, irrigating crops, or raising fish for commercial purposes; and
(B) the Secretary shall not terminate the contract for failure to establish approved vegetative or water cover on the land if—
(i) the failure to plant the cover was due to excessive rainfall or flooding;
(ii) the land subject to the contract that could practicably be planted to the cover is planted to the cover; and
(iii) the land on which the owner or operator was unable to plant the cover is planted to the cover after the wet conditions that prevented the planting subsides;
(5) to undertake management on the land as needed throughout the term of the contract to implement the conservation plan;
(6) on a violation of a term or condition of the contract at any time the owner or operator has control of the land—
(A) to forfeit all rights to receive rental payments and cost sharing payments under the contract and to refund to the Secretary any rental payments and cost sharing payments received by the owner or operator under the contract, together with interest on the payments as determined by the Secretary, if the Secretary, after considering the recommendations of the soil conservation district and the Natural Resources Conservation Service, determines that the violation is of such nature as to warrant termination of the contract; or
(B) to refund to the Secretary, or accept adjustments to, the rental payments and cost sharing payments provided to the owner or operator, as the Secretary considers appropriate, if the Secretary determines that the violation does not warrant termination of the contract;
(7) on the transfer of the right and interest of the owner or operator in land subject to the contract—
(A) to forfeit all rights to rental payments and cost sharing payments under the contract; and
(B) to refund to the United States all rental payments and cost sharing payments received by the owner or operator, or accept such payment adjustments or make such refunds as the Secretary considers appropriate and consistent with the objectives of this subpart;
unless the transferee of the land agrees with the Secretary to assume all obligations of the contract, except that no refund of rental payments and cost sharing payments shall be required if the land is purchased by or for the United States Fish and Wildlife Service, or the transferee and the Secretary agree to modifications to the contract, in a case in which the modifications are consistent with the objectives of the program, as determined by the Secretary;
(8) not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except as provided in subsection (b) or (c) of
(9) not to conduct any planting of trees on land that is subject to the contract unless the contract specifies that the harvesting and commercial sale of trees such as Christmas trees are prohibited, nor otherwise make commercial use of trees on land that is subject to the contract unless it is expressly permitted in the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that no contract shall prohibit activities consistent with customary forestry practice, such as pruning, thinning, or stand improvement of trees, on land converted to forestry use;
(10) on land devoted to hardwood or other trees, excluding windbreaks and shelterbelts, to carry out proper thinning and other practices—
(A) to enhance the conservation benefits and wildlife habitat resources addressed by the conservation practice under which the land is enrolled; and
(B) to promote forest management;
(11) not to adopt any practice specified by the Secretary in the contract as a practice that would tend to defeat the purposes of this subpart; and
(12) to comply with such additional provisions as the Secretary determines are desirable and are included in the contract to carry out this subpart or to facilitate the practical administration of this subpart.
(b) Conservation plans
The plan referred to in subsection (a)(1) shall set forth—
(1) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and
(2) the commercial use, if any, to be permitted on the land during the term.
(c) Foreclosure
(1) In general
Notwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this subpart may not be required to make repayments to the Secretary of amounts received under the contract if the land that is subject to the contract has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate in order to provide fair and equitable treatment.
(2) Resumption of control
(A) In general
This subsection shall not void the responsibilities of an owner or operator under the contract if the owner or operator resumes control over the land that is subject to the contract within the period specified in the contract.
(B) Contract
On the resumption of the control over the land by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3832,
Amendments
2018—Subsec. (a)(10) to (12).
2014—Subsec. (a)(8).
Subsec. (b).
"(1) shall set forth—
"(A) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and
"(B) the commercial use, if any, to be permitted on the land during the term; and
"(2) may provide for the permanent retirement of any existing cropland base and allotment history for the land."
Subsec. (d).
2008—Subsec. (a)(5) to (7).
Subsec. (a)(8).
Subsec. (a)(9) to (11).
Subsec. (d).
2003—Subsec. (a)(7)(A)(iii).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3833. Duties of the Secretary
(a) Cost-share and rental payments
In return for a contract entered into by an owner or operator under the conservation reserve program, the Secretary shall—
(1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest, including the cost of fencing and other water distribution practices, if applicable; and
(2) for a period of years not in excess of the term of the contract, pay an annual rental payment, in accordance with
(A) the conversion of highly erodible cropland, marginal pastureland, or other eligible lands normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; or
(B) the development and management of grasslands for multiple natural resource conservation benefits, including to soil, water, air, and wildlife.
(b) Specified activities permitted
(1) In general
The Secretary, in coordination with the applicable State technical committee established under
(A) those activities or uses—
(i) are consistent with the conservation of soil, water quality, and wildlife habitat;
(ii) are subject to appropriate restrictions during the primary nesting season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with Federal or State law;
(iii) contribute to the health and vigor of the established cover; and
(iv) are consistent with a site-specific plan, including vegetative management requirements, stocking rates, and frequency and duration of activity, taking into consideration regional differences, such as climate, soil type, and natural resources; and
(B) the Secretary, in coordination with the State technical committee, includes contract modifications—
(i) without any reduction in the rental rate for—
(I) emergency haying, emergency grazing, or other emergency use of the forage in response to a localized or regional drought, flooding, wildfire, or other emergency, on all practices, outside the primary nesting season, when—
(aa) the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor;
(bb) there is at least a 40 percent loss in forage production in the county; or
(cc) the Secretary, in coordination with the State technical committee, determines that the program can assist in the response to a natural disaster event without permanent damage to the established cover;
(II) emergency grazing on all practices during the primary nesting season if payments are authorized for a county under the livestock forage disaster program under clause (ii) of
(III) emergency haying on certain practices, outside the primary nesting season, if payments are authorized for a county under the livestock forage disaster program under clause (ii) of
(IV) grazing of all practices, outside the primary nesting season, if included as a mid-contract management practice under
(V) the intermittent and seasonal use of vegetative buffer established under paragraphs (4) and (5) of
(aa) does not destroy the permanent vegetative cover; and
(bb) retains suitable vegetative structure for wildlife cover and shelter outside the primary nesting season; or
(VI) grazing on all practices, outside the primary nesting season, if conducted by a beginning farmer or rancher; or
(ii) with a 25 percent reduction in the annual rental rate for the acres covered by the authorized activity, including—
(I) grazing not more frequently than every other year on the same land, except that during the primary nesting season, grazing shall be subject to a 50 percent reduction in the stocking rate specified in the site-specific plan;
(II) grazing of all practices during the primary nesting season, with a 50 percent reduction in the stocking rate specified in the site-specific plan;
(III) haying and other commercial use (including the managed harvesting of biomass and excluding the harvesting of vegetative cover), on the condition that the activity—
(aa) is completed outside the primary nesting season;
(bb) occurs not more than once every 3 years; and
(cc) maintains 25 percent of the total contract acres unharvested, in accordance with a site-specific plan that provides for wildlife cover and shelter;
(IV) annual grazing outside the primary nesting season if consistent with a site-specific plan that is authorized for the control of invasive species; and
(V) the installation of wind turbines and associated access, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account—
(aa) the location, size, and other physical characteristics of the land;
(bb) the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and
(cc) the purposes of the conservation reserve program under this subpart.
(2) Conditions on haying and grazing
(A) In general
The Secretary may permit haying or grazing in accordance with paragraph (1) on any land or practice subject to a contract under the conservation reserve program.
(B) Exceptions
(i) Damage to vegetative cover
Haying or grazing described in paragraph (1) shall not be permitted on land subject to a contract under the conservation reserve program, or under a particular practice, if haying or grazing for that year under that practice, as applicable, would cause long-term damage to vegetative cover on that land.
(ii) Special agreements
(I) In general
Except as provided in subclause (II), haying or grazing described in paragraph (1) shall not be permitted on—
(aa) land covered by a contract enrolled under the State acres for wildlife enhancement program established by the Secretary; or
(bb) land covered by a contract enrolled under a conservation reserve enhancement program established under
(II) Exception
Subclause (I) shall not apply to land on which haying or grazing is specifically permitted under the applicable conservation reserve enhancement program agreement or other partnership agreement entered into under this subpart.
(c) Authorized activities on grasslands
For eligible land described in
(1) Common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species appropriate to that locality.
(2) Haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the nesting season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with Federal or State law, as determined by the Secretary in consultation with the State technical committee.
(3) Fire presuppression, fire-related rehabilitation, and construction of fire breaks.
(4) Grazing-related activities, such as fencing and livestock watering.
(d) Resource conserving use
(1) In general
Beginning on the date that is 1 year before the date of termination of a contract under the program, the Secretary shall allow an owner or operator to make conservation and land improvements for economic use that facilitate maintaining protection of enrolled land after expiration of the contract.
(2) Conservation plan
The Secretary shall require an owner or operator carrying out the activities described in paragraph (1) to develop and implement a conservation plan.
(3) Re-enrollment prohibited
Land improved under paragraph (1) may not be re-enrolled in the conservation reserve program for 5 years after the date of termination of the contract.
(4) Payment reduction
In the case of an activity carried out under paragraph (1), the Secretary shall reduce the payment otherwise payable under the contract by an amount commensurate with the economic value of the activity.
(e) Natural disaster or adverse weather as mid-contract management
In the case of a natural disaster or adverse weather event that has the effect of a management practice consistent with the conservation plan, the Secretary shall not require further management practices pursuant to
(
Editorial Notes
Prior Provisions
A prior section 3833,
Amendments
2018—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B), (C).
Subsec. (b).
Subsec. (e).
2014—
§3834. Payments
(a) Timing
The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subpart—
(1) with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as practicable after the obligation is incurred; and
(2) with respect to any annual rental payment obligation incurred by the Secretary—
(A) as soon as practicable after October 1 of each calendar year; or
(B) at the option of the Secretary, at any time prior to such date during the year that the obligation is incurred.
(b) Cost sharing payments
(1) In general
In making cost sharing payments to an owner or operator under a contract entered into under this subpart, the Secretary shall pay 50 percent of the cost of establishing water quality and conservation measures and practices required under each contract for which the Secretary determines that cost sharing is appropriate and in the public interest.
(2) Limitations
(A) In general
The Secretary shall ensure, to the maximum extent practicable, that cost sharing payments to an owner or operator under this subpart, when combined with the sum of payments from all other funding sources for measures and practices described in paragraph (1), do not exceed 100 percent of the total actual cost of establishing those measures and practices, as determined by the Secretary.
(B) Mid-contract management grazing
The Secretary may not make any cost sharing payment to an owner or operator under this subpart pursuant to
(C) Seed cost
In the case of seed costs related to the establishment of cover, cost sharing payments under this subpart shall not exceed 50 percent of the actual cost of the seed mixture, as determined by the Secretary.
(3) Other Federal cost share assistance
Except in the case of incentive payments that are related to the cost of the establishment of a practice and received from eligible partners under the conservation reserve enhancement program under
(4) Practice incentives for continuous practices
In addition to the cost sharing payment described in this subsection, the Secretary shall make an incentive payment to an owner or operator of land enrolled under
(c) Forest management incentive payments
(1) In general
Using funds made available under
(2) Limitation
A payment described in paragraph (1) may not exceed 100 percent of the total cost of thinning and other practices conducted by the owner or operator.
(d) Annual rental payments
(1) In general
In determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland or other eligible lands normally devoted to the production of an agricultural commodity to less intensive use, the Secretary shall consider—
(A) the amount necessary to encourage owners or operators of highly erodible cropland or other eligible lands to participate in the program established by this subpart;
(B) the impact on the local farmland rental market; and
(C) such other factors as the Secretary determines to be appropriate.
(2) Methods of determination
(A) In general
The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subpart may be determined through the submission of applications for such contracts by owners and operators in such manner as the Secretary may prescribe.
(B) Multiple enrollments
(i) In general
Subject to clause (ii), if land subject to a contract entered into under this subpart is reenrolled under
(ii) Conservation reserve enhancement program
The reduction in annual rental payments under clause (i) may be waived as part of the negotiation between the Secretary and an eligible partner to enter into a conservation reserve enhancement program agreement under
(C) Grasslands
Notwithstanding subparagraph (A), in the case of eligible land described in
(D) Continuous sign-up incentives
The Secretary shall make an incentive payment to the owner or operator of land enrolled under
(3) Acceptance of contract offers
(A) Evaluation of offers
In determining the acceptability of contract offers, the Secretary may take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, or wildlife habitat or provide other environmental benefits.
(B) Establishment of different criteria in various States and regions
The Secretary may establish different criteria for determining the acceptability of contract offers in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated.
(C) Local preference
In determining the acceptability of contract offers for new enrollments, the Secretary shall accept, to the maximum extent practicable, an offer from an owner or operator that is a resident of the county in which the land is located or of a contiguous county if, as determined by the Secretary, the land would provide at least equivalent conservation benefits to land under competing offers.
(4) Rental rates
(A) Annual estimates
The Secretary (acting through the National Agricultural Statistics Service) shall annually conduct a survey of per acre estimates of county average market dryland and irrigated cash rental rates for cropland and pastureland in all counties or equivalent subdivisions within each State that have 20,000 acres or more of cropland and pastureland, and shall publish the estimates derived from the survey not later than September 15 of each year.
(B) Public availability of estimates
The estimates derived from the survey conducted under subparagraph (A) and the average current and previous soil rental rates for each county shall be maintained on a website of the Department of Agriculture for use by the general public.
(C) Use
The Secretary shall consider the estimates derived from the survey conducted under subparagraph (A) relating to dryland cash rental rates as a factor in determining rental rates under this section in a manner determined appropriate by the Secretary.
(D) Submission of additional information by State FSA offices and CREP partners
(i) In general
The Secretary shall provide an opportunity for State Committees of the Farm Service Agency or eligible partners (as defined in
(ii) Acceptable documentation
Documentation referred to in clause (i) includes—
(I) an average of cash rents from a random sample of lease agreements;
(II) cash rent estimates from a published survey;
(III) neighboring county estimate comparisons from the National Agricultural Statistics Service;
(IV) an average of cash rents from Farm Service Agency farm business plans;
(V) models that estimate cash rents, such as models that use returns to estimate crop production or land value data; or
(VI) other documentation, as determined by the Secretary.
(iii) Notification
Not less than 14 days prior to the announcement of new or revised soil rental rates, the Secretary shall offer a briefing to the Chairman and Ranking Member of the Committee on Agriculture of the House of Representatives and the Chairman and Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate, including information on and the rationale for the alternative rates proposed under clause (i) that were accepted or rejected.
(E) Rental rate limitation
Notwithstanding forest management incentive payments described in subsection (c), the county average soil rental rate (before any adjustments relating to specific practices, wellhead protection, or soil productivity) shall not exceed—
(i) 85 percent of the estimated rental rate determined under this paragraph for general enrollment; or
(ii) 90 percent of the estimated rental rate determined under this paragraph for continuous enrollment.
(e) Payment schedule
(1) In general
Except as otherwise provided in this section, payments under this subpart shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract.
(2) Advance payment
Payments under this subpart may be made in advance of determination of performance.
(f) Payments on death, disability, or succession
If an owner or operator that is entitled to a payment under a contract entered into under this subpart dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person that renders or completes the required performance, the Secretary shall make the payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
(g) Payment limitation for rental payments
(1) In general
Except as provided in paragraph (2), the total amount of rental payments received by a person or legal entity, directly or indirectly, under this subpart for any fiscal year may not exceed $50,000.
(2) Wellhead protection
Paragraph (1) and
(h) Other State or local assistance
In addition to any payment under this subpart, an owner or operator may receive cost share assistance, rental payments, or tax benefits from a State or subdivision thereof for enrolling land in the conservation reserve program.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3834,
Amendments
2018—Subsec. (b)(2) to (5).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d)(1).
Subsec. (d)(2)(A).
"(i) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or
"(ii) such other means as the Secretary determines are appropriate."
Subsec. (d)(2)(B).
Subsec. (d)(2)(C).
Subsec. (d)(2)(D).
Subsec. (d)(4).
Subsec. (d)(4)(A).
Subsec. (d)(4)(B).
Subsec. (d)(4)(C).
Subsec. (d)(4)(D), (E).
Subsec. (d)(5).
Subsec. (g)(1).
Subsec. (g)(2).
2014—Subsec. (b).
Subsec. (b)(3)(A).
"(i) land devoted to the production of hardwood trees, windbreaks, shelterbelts, or wildlife corridors under a contract entered into under this subpart after November 28, 1990;
"(ii) land converted to such production under
"(iii) land on which an owner or operator agrees to conduct thinning authorized by
Subsec. (b)(3)(B)(i).
Subsec. (b)(3)(B)(ii).
"(I) the planting of the trees or shrubs; or
"(II) the thinning of existing stands to improve the condition of resources on the land."
Subsecs. (c), (d).
Subsec. (d)(1).
Subsec. (d)(2).
"(A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or
"(B) such other means as the Secretary determines are appropriate."
Subsec. (d)(5)(A).
Subsec. (d)(5)(B).
Subsec. (d)(5)(C).
Subsec. (e).
Subsecs. (f), (g).
Subsec. (g)(1).
Subsec. (g)(2) to (4).
Subsec. (h).
2008—Subsec. (b)(3).
Subsec. (c)(3).
"(A) take into consideration the extent to which enrollment of the land that is the subject of the contract offer would improve soil resources, water quality, wildlife habitat, or provide other environmental benefits; and
"(B) establish different criteria in various States and regions of the United States based on the extent to which water quality or wildlife habitat may be improved or erosion may be abated."
Subsec. (c)(5).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(4)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
First Survey Pursuant to Subsection (c)(5)
[
Conservation Research Application
For provisions directing that enumerated provisions of the Food Security Act of 1985 shall apply to the conservation reserve program under this subchapter with respect to rental payments to persons under contracts entered into after Dec. 22, 1987, with certain exceptions, see section 1305(d) of
§3835. Contracts
(a) Ownership or operation requirements
(1) In general
Except as provided in paragraph (2), no contract shall be entered into under this subpart concerning land with respect to which the ownership has changed in the 1-year period preceding the first year of the contract period unless—
(A) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(B) the new ownership was acquired before January 1, 1985;
(C) the Secretary determines that the land was acquired under circumstances that give adequate assurance that the land was not acquired for the purpose of placing the land in the program established by this subpart; or
(D) the ownership change occurred due to foreclosure on the land and the owner of the land immediately before the foreclosure exercises a right of redemption from the mortgage holder in accordance with State law.
(2) Exceptions
Paragraph (1) shall not—
(A) prohibit the continuation of an agreement by a new owner after an agreement has been entered into under this subpart; or
(B) require a person to own the land as a condition of eligibility for entering into the contract if the person—
(i) has operated the land to be covered by a contract under this section for at least 1 year preceding the date of the contract or since January 1, 1985, whichever is later; and
(ii) controls the land for the contract period.
(b) Sales or transfers
If, during the term of a contract entered into under this subpart, an owner or operator of land subject to the contract sells or otherwise transfers the ownership or right of occupancy of the land, the new owner or operator of the land may—
(1) continue the contract under the same terms or conditions;
(2) enter into a new contract in accordance with this subpart; or
(3) elect not to participate in the program established by this subpart.
(c) Modifications
(1) In general
The Secretary may modify a contract entered into with an owner or operator under this subpart if—
(A) the owner or operator agrees to the modification; and
(B) the Secretary determines that the modification is desirable—
(i) to carry out this subpart;
(ii) to facilitate the practical administration of this subpart;
(iii) to facilitate a transition of land subject to the contract from a retired or retiring owner or operator to a beginning farmer or rancher or socially disadvantaged farmer or rancher for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods; or
(iv) to achieve such other goals as the Secretary determines are appropriate, consistent with this subpart.
(2) Production of agricultural commodities
The Secretary may modify or waive a term or condition of a contract entered into under this subpart in order to permit all or part of the land subject to such contract to be devoted to the production of an agricultural commodity during a crop year, subject to such conditions as the Secretary determines are appropriate.
(d) Termination
(1) In general
The Secretary may terminate a contract entered into with an owner or operator under this subpart if—
(A) the owner or operator agrees to the termination; and
(B) the Secretary determines that the termination would be in the public interest.
(2) Notice to congressional committees
At least 90 days before taking any action to terminate under paragraph (1) all conservation reserve contracts entered into under this subpart, the Secretary shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate written notice of the action.
(e) Early termination by owner or operator
(1) Early termination
(A) In general
During fiscal year 2015, the Secretary shall allow a participant that entered into a contract under this subpart to terminate the contract at any time if the contract has been in effect for at least 5 years.
(B) Liability for contract violation
The termination shall not relieve the participant of liability for a contract violation occurring before the date of the termination.
(C) Notice to Secretary
The participant shall provide the Secretary with reasonable notice of the desire of the participant to terminate the contract.
(2) Certain land excepted
The following land shall not be subject to an early termination of contract under this subsection:
(A) Filterstrips, waterways, strips adjacent to riparian areas, windbreaks, and shelterbelts.
(B) Land with an erodibility index of more than 15.
(C) Land devoted to hardwood trees.
(D) Wildlife habitat, duck nesting habitat, pollinator habitat, upland bird habitat buffer, wildlife food plots, State acres for wildlife enhancement, shallow water areas for wildlife, and rare and declining habitat.
(E) Farmable wetland and restored wetland.
(F) Land that contains diversions, erosion control structures, flood control structures, contour grass strips, living snow fences, salinity reducing vegetation, cross wind trap strips, and sediment retention structures.
(G) Land located within a federally designated wellhead protection area.
(H) Land that is covered by an easement under the conservation reserve program.
(I) Land located within an average width, according to the applicable Natural Resources Conservation Service field office technical guide, of a perennial stream or permanent water body.
(J) Land enrolled under the conservation reserve enhancement program.
(3) Effective date
The contract termination shall become effective upon approval by the Secretary.
(4) Prorated rental payment
If a contract entered into under this subpart is terminated under this subsection before the end of the fiscal year for which a rental payment is due, the Secretary shall provide a prorated rental payment covering the portion of the fiscal year during which the contract was in effect.
(5) Renewed enrollment
The termination of a contract entered into under this subpart shall not affect the ability of the owner or operator that requested the termination to submit a subsequent bid to enroll the land that was subject to the contract into the conservation reserve.
(6) Conservation requirements
If land that was subject to a contract is returned to production of an agricultural commodity, the conservation requirements under subchapters II and III shall apply to the use of the land to the extent that the requirements are similar to those requirements imposed on other similar land in the area, except that the requirements may not be more onerous than the requirements imposed on other land.
(f) Transition option for certain farmers or ranchers
(1) Transition to covered farmer or rancher
In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a contract holder to a beginning farmer or rancher, a veteran farmer or rancher (as defined in section 2279(e) 1 of title 7), or a socially disadvantaged farmer or rancher (in this subsection referred to as a "covered farmer or rancher"), the Secretary shall—
(A) beginning on the date that is 2 years before the date of termination of the contract—
(i) allow the covered farmer or rancher, in conjunction with the contract holder, to make conservation and land improvements, including preparing to plant an agricultural crop; and
(ii) allow the covered farmer or rancher to begin the certification process under the Organic Foods Production Act of 1990 (
(B) beginning on the date of termination of the contract, require the contract holder to sell or lease (under a long-term lease or a lease with an option to purchase, including a lease with a term of less than 5 years and an option to purchase) to the covered farmer or rancher the land subject to the contract for production purposes;
(C) require the covered farmer or rancher to develop and implement a conservation plan;
(D) provide to the covered farmer or rancher an opportunity to enroll in the conservation stewardship program or the environmental quality incentives program by not later than the date on which the covered farmer or rancher takes possession of the land through ownership or lease;
(E) give priority to the enrollment of the land covered by the contract in—
(i) the environmental quality incentives program established under subpart A of part IV;
(ii) the conservation stewardship program established under subpart B of part IV; or
(iii) the agricultural conservation easement program established under subchapter VII; and
(F) continue to make annual payments to the contract holder for not more than an additional 2 years after the date of termination of the contract, if the contract holder is not a family member (as defined in
(2) Reenrollment
To the extent that the maximum number of acres permitted to be enrolled under the conservation reserve program has not been met, the Secretary shall provide a covered farmer or rancher with the option to reenroll any applicable partial field conservation practice that—
(A)(i) is carried out on land described in paragraph (4) or (5) of
(ii) is eligible for continuous enrollment under
(B) is part of an approved conservation plan.
(g) End of contract considerations
The Secretary shall not consider an owner or operator to be in violation of a term or condition of the conservation reserve contract if—
(1) during the year prior to expiration of the contract, the owner or operator—
(A)(i) enters into a contract under the environmental quality incentives program established under subpart A of part IV; and
(ii) begins the establishment of a practice under that contract; or
(B)(i) enters into a contract under the conservation stewardship program established under subpart B of part IV; and
(ii) begins the establishment of a practice under that contract; or
(2) during the 3 years prior to the expiration of the contract, the owner or operator begins the certification process under the Organic Foods Production Act of 1990 (
(h) Land enrolled in agricultural conservation easement program
The Secretary may terminate or modify a contract entered into under this subpart if eligible land that is subject to such contract is transferred into the agricultural conservation easement program under subchapter VII.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in subsecs. (f)(1)(A)(ii) and (g)(2), is title XXI of
Codification
Prior Provisions
A prior section 3835,
Amendments
2018—Subsec. (f)(1).
Subsec. (f)(1)(A).
Subsec. (f)(1)(A)(i).
Subsec. (f)(1)(B).
Subsec. (f)(1)(E).
Subsec. (f)(1)(F).
Subsec. (f)(2).
Subsec. (f)(2)(A).
Subsec. (g).
"(1) during the year prior to expiration of the contract, the land is enrolled in the conservation stewardship program; and
"(2) the activity required under the conservation stewardship program pursuant to such enrollment is consistent with this subpart."
2014—Subsec. (e)(1)(A).
Subsec. (e)(2)(C) to (J).
Subsec. (e)(3).
Subsec. (f)(1).
Subsec. (f)(1)(A)(i).
Subsec. (f)(1)(D).
Subsec. (f)(1)(E).
Subsec. (f)(2)(A).
Subsecs. (g), (h).
2008—Subsec. (c)(1)(B)(iii), (iv).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Conservation Reserve
1 See References in Text note below.
§3835a. Repealed. Pub. L. 113–79, title II, §2007, Feb. 7, 2014, 128 Stat. 720
Section,
Prior sections 3835a and 3836 were omitted in the general amendment of this subpart by
Section 3835a,
Section 3836,
A prior section 3836a,
subpart c—wetlands reserve program
§§3837 to 3837f. Repealed. Pub. L. 113–79, title II, §2703(a), Feb. 7, 2014, 128 Stat. 767
Section 3837,
Section 3837a,
Section 3837b,
Section 3837c,
Section 3837d,
Section 3837e,
Section 3837f,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
Effect of 1996 Amendments on Existing Agreements
Part II—Conservation Security and Farmland Protection
subpart a—conservation security program
§§3838 to 3838c. Repealed. Pub. L. 115–334, title II, §2301(c)(1), Dec. 20, 2018, 132 Stat. 4551
Section 3838,
A prior section 3838,
Section 3838a,
A prior section 3838a,
Section 3838b,
A prior section 3838b,
Section 3838c,
A prior section 3838c,
subpart b—conservation stewardship program
Editorial Notes
Codification
Prior Provisions
A prior subpart B, consisting of sections 3838h to 3838j, was redesignated subpart C of this part by
§§3838d to 3838g. Transferred
Editorial Notes
Codification
Section 3838d,
A prior section 3838d,
Section 3838e,
A prior section 3838e,
Section 3838f,
A prior section 3838f,
Section 3838g,
Statutory Notes and Related Subsidiaries
Termination of Conservation Stewardship Program
subpart c—farmland protection program
Editorial Notes
Codification
Section 2503(a) of
Prior Provisions
A prior subpart C, consisting of sections 3838n to 3838q, was redesignated subpart D of this part by
§§3838h to 3838j. Repealed. Pub. L. 113–79, title II, §2704(a), Feb. 7, 2014, 128 Stat. 767
Section 3838h,
Section 3838i,
Section 3838j,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
subpart d—grassland reserve program
Editorial Notes
Codification
Section 2401 of
§§3838n to 3838q. Repealed. Pub. L. 113–79, title II, §2705(a), Feb. 7, 2014, 128 Stat. 768
Section 3838n,
Section 3838o,
Section 3838p,
Section 3838q,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
Part III—Environmental Easement Program
§§3839 to 3839d. Repealed. Pub. L. 113–79, title II, §2711, Feb. 7, 2014, 128 Stat. 771
Section 3839,
Section 3839a,
Section 3839b,
Section 3839c,
Section 3839d,
Part IV—Environmental Quality Incentives Program and Conservation Stewardship Program
Editorial Notes
Codification
subpart a—environmental quality incentives program
§3839aa. Purposes
The purposes of the environmental quality incentives program established by this subpart are to promote agricultural production, forest management, and environmental quality as compatible goals, and to optimize environmental benefits, by—
(1) assisting producers in complying with local, State, and national regulatory requirements concerning—
(A) soil, water, and air quality;
(B) wildlife habitat; and
(C) surface and ground water conservation;
(2) avoiding, to the maximum extent practicable, the need for resource and regulatory programs by assisting producers in protecting soil, water, air, and related natural resources and meeting environmental quality criteria established by Federal, State, tribal, and local agencies;
(3) providing flexible assistance to producers to install and maintain conservation practices that sustain food and fiber production while—
(A) enhancing soil, water, and related natural resources, including grazing land, forestland, wetland, and wildlife;
(B) developing and improving wildlife habitat; and
(C) conserving energy; and
(4) assisting producers to make beneficial, cost-effective changes to production systems, including addressing identified, new, or expected resource concerns related to organic production, grazing management, fuels management, forest management, nutrient management associated with crops and livestock, pest management, irrigation management, adapting to, and mitigating against, increasing weather volatility, drought resiliency measures, or other practices on agricultural and forested land.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa,
Amendments
2018—
Par. (4).
2014—Par. (3).
Par. (4).
Par. (5).
2008—
Pars. (3), (4).
"(3) providing flexible assistance to producers to install and maintain conservation practices that enhance soil, water, related natural resources (including grazing land and wetland), and wildlife while sustaining production of food and fiber;
"(4) assisting producers to make beneficial, cost effective changes to cropping systems, grazing management, nutrient management associated with livestock, pest or irrigation management, or other practices on agricultural land; and".
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Effect on Existing Contracts
§3839aa–1. Definitions
In this subpart:
(1) Conservation planning assessment
The term "conservation planning assessment" means a report, as determined by the Secretary, that—
(A) is developed by—
(i) a State or unit of local government (including a conservation district);
(ii) a Federal agency; or
(iii) a third-party provider certified under
(B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and
(C) can be incorporated into a comprehensive planning document required by the Secretary for enrollment in a conservation program of the Department of Agriculture.
(2) Eligible land
(A) In general
The term "eligible land" means land on which agricultural commodities, livestock, or forest-related products are produced.
(B) Inclusions
The term "eligible land" includes the following:
(i) Cropland.
(ii) Grassland.
(iii) Rangeland.
(iv) Pasture land.
(v) Nonindustrial private forest land.
(vi) Other agricultural land (including cropped woodland, marshes, environmentally sensitive areas, and agricultural land used for the production of livestock) on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the program, as determined by the Secretary.
(3) Incentive practice
The term "incentive practice" means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns.
(4) Organic system plan
The term "organic system plan" means an organic plan approved under the national organic program established under the Organic Foods Production Act of 1990 (
(5) Payment
The term "payment" means financial assistance provided to a producer for performing practices under this subpart, including compensation for—
(A) incurred costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and
(B) income forgone by the producer.
(6) Practice
The term "practice" means 1 or more improvements and conservation activities that are consistent with the purposes of the program under this subpart, as determined by the Secretary, including—
(A) improvements to eligible land of the producer, including—
(i) structural practices;
(ii) land management practices;
(iii) vegetative practices;
(iv) forest management;
(v) soil testing;
(vi) soil remediation to be carried out by the producer; and
(vii) other practices that the Secretary determines would further the purposes of the program; and
(B) conservation activities involving the development of plans appropriate for the eligible land of the producer, including—
(i) comprehensive nutrient management planning;
(ii) planning for resource-conserving crop rotations (as defined in
(iii) soil health planning, including increasing soil organic matter and the use of cover crops;
(iv) a conservation planning assessment;
(v) precision conservation management planning; and
(vi) other plans that the Secretary determines would further the purposes of the program under this subpart.
(7) Priority resource concern
The term "priority resource concern" means a natural resource concern or problem, as determined by the Secretary, that—
(A) is identified at the national, State, or local level as a priority for a particular area of a State; and
(B) represents a significant concern in a State or region.
(8) Program
The term "program" means the environmental quality incentives program established by this subpart.
(9) Soil remediation
The term "soil remediation" means scientifically based practices that—
(A) ensure the safety of producers from contaminants in soil;
(B) limit contaminants in soil from entering agricultural products for human or animal consumption; and
(C) regenerate and sustain the soil.
(10) Soil testing
The term "soil testing" means the evaluation of soil health, including testing for—
(A) the optimal level of constituents in the soil, such as organic matter, nutrients, and the potential presence of soil contaminants, including heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants; and
(B) the biological and physical characteristics indicative of proper soil functioning.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in par. (4), is title XXI of
Codification
Prior Provisions
A prior section 3839aa–1,
Amendments
2018—
Par. (1).
Par. (2).
Par. (3).
Pars. (4), (5).
Par. (6).
Par. (7).
Par. (8).
Pars. (9), (10).
2014—Pars. (2) to (6).
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–2. Establishment and administration
(a) Establishment
During each of the 2002 through 2031 fiscal years, the Secretary shall provide payments to producers that enter into contracts with the Secretary under the program.
(b) Practices and term
(1) Practices
A contract under the program may apply to the performance of one or more practices.
(2) Term
A contract under the program shall have a term that does not exceed 10 years.
(c) Bidding down
If the Secretary determines that the environmental values of two or more applications for payments are comparable, the Secretary shall not assign a higher priority to the application only because it would present the least cost to the program.
(d) Payments
(1) Availability of payments
Payments are provided to a producer to implement one or more practices under the program.
(2) Limitation on payment amounts
A payment to a producer for performing a practice may not exceed, as determined by the Secretary—
(A) 75 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training;
(B) 100 percent of income foregone by the producer; or
(C) in the case of a practice consisting of elements covered under subparagraphs (A) and (B)—
(i) 75 percent of the costs incurred for those elements covered under subparagraph (A); and
(ii) 100 percent of income foregone for those elements covered under subparagraph (B).
(3) Special rule involving payments for foregone income
In determining the amount and rate of payments under paragraph (2)(B), the Secretary may accord great significance to a practice that, as determined by the Secretary, promotes—
(A) soil health;
(B) water quality and quantity improvement;
(C) nutrient management;
(D) pest management;
(E) air quality improvement;
(F) wildlife habitat development, including pollinator habitat; or
(G) invasive species management.
(4) Increased payments for certain producers
(A) In general
Notwithstanding paragraph (2), in the case of a producer that is a limited resource, socially disadvantaged farmer or rancher, a veteran farmer or rancher (as defined in section 2279(e) 1 of title 7), or a beginning farmer or rancher, the Secretary shall increase the amount that would otherwise be provided to a producer under this subsection—
(i) to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; and
(ii) to not less than 25 percent above the otherwise applicable rate.
(B) Advance payments
(i) In general
On an election by a producer described in subparagraph (A), the Secretary shall provide at least 50 percent of the amount determined under subparagraph (A) in advance for all costs related to purchasing materials or contracting.
(ii) Return of funds
If funds provided in advance are not expended during the 90-day period beginning on the date of receipt of the funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary.
(iii) Notification and documentation
The Secretary shall—
(I) notify each producer described in subparagraph (A), at the time of enrollment in the program, of the option to receive advance payments under clause (i); and
(II) document the election of each producer described in subparagraph (A) to receive advance payments under clause (i) with respect to each practice that has costs described in that clause.
(5) Financial assistance from other sources
Except as provided in paragraph (6), any payments received by a producer from a State or private organization or person for the implementation of one or more practices on eligible land of the producer shall be in addition to the payments provided to the producer under this subsection.
(6) Other payments
A producer shall not be eligible for payments for practices on eligible land under the program if the producer receives payments or other benefits for the same practice on the same land under another program under this subchapter.
(7) Increased payments for high-priority practices
(A) State determination
Each State, in consultation with the State technical committee established under
(i) addresses specific causes of impairment relating to excessive nutrients in groundwater or surface water;
(ii) addresses the conservation of water to advance drought mitigation and declining aquifers;
(iii) meets other environmental priorities and other priority resource concerns identified in habitat or other area restoration plans; or
(iv) is geographically targeted to address a natural resource concern in a specific watershed.
(B) Increased payments
Notwithstanding paragraph (2), in the case of a practice designated under subparagraph (A), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training.
(e) Modification or termination of contracts
(1) Voluntary modification or termination
The Secretary may modify or terminate a contract entered into with a producer under the program if—
(A) the producer agrees to the modification or termination; and
(B) the Secretary determines that the modification or termination is in the public interest.
(2) Involuntary termination
The Secretary may terminate a contract under the program if the Secretary determines that the producer violated the contract.
(f) Allocation of funding
(1) Livestock
For each of fiscal years 2019 through 2023, at least 50 percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production, including grazing management practices.
(2) Wildlife habitat
(A) Fiscal years 2014 through 2018
For each of fiscal years 2014 through 2018, at least 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g).
(B) Fiscal years 2019 through 2031
For each of fiscal years 2019 through 2031, at least 10 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g).
(g) Wildlife habitat incentive program
(1) In general
The Secretary shall provide payments under the environmental quality incentives program for conservation practices that support the restoration, development, protection, and improvement of wildlife habitat on eligible land, including—
(A) upland wildlife habitat;
(B) wetland wildlife habitat;
(C) habitat for threatened and endangered species;
(D) fish habitat;
(E) habitat on pivot corners and other irregular areas of a field; and
(F) other types of wildlife habitat, as determined by the Secretary.
(2) State technical committee
In determining the practices eligible for payment under paragraph (1) and targeted for funding under subsection (f), the Secretary shall consult with the relevant State technical committee not less often than once each year.
(3) Maximum term
In the case of a contract under the program entered into solely for the establishment of 1 or more annual management practices for the benefit of wildlife as described in paragraph (1), notwithstanding any maximum contract term established by the Secretary, the contract shall have a term that does not exceed 10 years.
(4) Included practices
For the purpose of providing seasonal wetland habitat for waterfowl and migratory birds, a practice that is eligible for payment under paragraph (1) and targeted for funding under subsection (f) may include—
(A) a practice to carry out postharvest flooding; or
(B) a practice to maintain the hydrology of temporary and seasonal wetlands of not more than 2 acres to maintain waterfowl and migratory bird habitat on working cropland.
(h) Water conservation or irrigation efficiency practice
(1) Availability of payments
The Secretary may provide water conservation and system efficiency payments under this subsection to an entity described in paragraph (2) or a producer for—
(A) water conservation scheduling, water distribution efficiency, soil moisture monitoring, or an appropriate combination thereof;
(B) irrigation-related structural or other measures that conserve surface water or groundwater, including managed aquifer recovery practices; or
(C) a transition to water-conserving crops, water-conserving crop rotations, or deficit irrigation.
(2) Eligibility of certain entities
(A) In general
Notwithstanding
(B) Implementation
Water conservation or irrigation practices that are the subject of a contract entered into under subparagraph (A) shall be implemented on—
(i) eligible land of a producer; or
(ii) land that is—
(I) under the control of an irrigation district, groundwater management district, acequia, land-grant mercedes, or similar entity; and
(II) adjacent to eligible land described in clause (i), as determined by the Secretary.
(C) Waiver authority
The Secretary may waive the applicability of the limitations in
(D) Contract limitations
If the Secretary grants a waiver under subparagraph (C), the Secretary may impose a separate payment limitation for the contract with respect to which the waiver applies.
(3) Priority
In providing payments under this subsection for a water conservation or irrigation practice, the Secretary shall give priority to applications in which—
(A) consistent with the law of the State in which the land on which the practices will be implemented is located, there is a reduction in water use in the operation on that land; or
(B) except in the case of an application under paragraph (2), the producer agrees not to use any associated water savings to bring new land, other than incidental land needed for efficient operations, under irrigated production, unless the producer is participating in a watershed-wide project that will effectively conserve water, as determined by the Secretary.
(4) Effect
Nothing in this subsection authorizes the Secretary to modify the process for determining the annual allocation of funding to States under the program.
(i) Payments for conservation practices related to organic production
(1) Payments authorized
The Secretary shall provide payments under this subsection for conservation practices, on some or all of the operations of a producer, related—
(A) to organic production; and
(B) to the transition to organic production.
(2) Eligibility requirements
As a condition for receiving payments under this subsection, a producer shall agree—
(A) to develop and carry out an organic system plan; or
(B) to develop and implement conservation practices for certified organic production that are consistent with an organic system plan and the purposes of this subpart.
(3) Payment limitations
(A) In general
Payments under this subsection to a person or legal entity, directly or indirectly, may not exceed, in the aggregate—
(i) through fiscal year 2018—
(I) $20,000 per year; or
(II) $80,000 during any 6-year period; and
(ii) during the period of fiscal years 2019 through 2023, $140,000.
(B) Technical assistance
In applying the limitations under subparagraph (A), the Secretary shall not take into account payments received for technical assistance.
(4) Exclusion of certain organic certification costs
Payments may not be made under this subsection to cover the costs associated with organic certification that are eligible for cost-share payments under
(5) Termination of contracts
The Secretary may cancel or otherwise nullify a contract to provide payments under this subsection if the Secretary determines that the producer—
(A) is not pursuing organic certification; or
(B) is not in compliance with the Organic Foods Production Act of 1990 (
(j) Conservation incentive contracts
(1) Identification of eligible priority resource concerns for States
(A) In general
The Secretary, in consultation with the applicable State technical committee established under
(B) Limitation
For each of the relevant land uses within the watersheds, regions, or other areas identified under subparagraph (A), the Secretary shall identify not more than 3 eligible priority resource concerns.
(2) Contracts
(A) Authority
(i) In general
The Secretary shall enter into contracts with producers under this subsection that require the implementation, adoption, management, and maintenance of incentive practices that effectively address at least 1 eligible priority resource concern identified under paragraph (1) for the term of the contract.
(ii) Inclusions
Through a contract entered into under clause (i), the Secretary may provide—
(I) funding, through annual payments, for certain incentive practices to attain increased levels of conservation on eligible land; or
(II) assistance, through a practice payment, to implement an incentive practice.
(B) Term
A contract under this subsection shall have a term of not less than 5, and not more than 10, years.
(C) Prioritization
Notwithstanding
(i) give priority to applications that address eligible priority resource concerns identified under paragraph (1); and
(ii) evaluate applications relative to other applications for similar agriculture and forest operations.
(3) Incentive practice payments
(A) In general
The Secretary shall provide payments to producers through contracts entered into under paragraph (2) for—
(i) adopting and installing incentive practices; and
(ii) managing, maintaining, and improving the incentive practices for the duration of the contract, as determined appropriate by the Secretary.
(B) Payment amounts
In determining the amount of payments under subparagraph (A), the Secretary shall consider, to the extent practicable—
(i) the level and extent of the incentive practice to be installed, adopted, completed, maintained, managed, or improved;
(ii) the cost of the installation, adoption, completion, management, maintenance, or improvement of the incentive practice;
(iii) income foregone by the producer, including payments, as appropriate, to address—
(I) increased economic risk;
(II) loss in revenue due to anticipated reductions in yield; and
(III) economic losses during transition to a resource-conserving cropping system or resource-conserving land use; and
(iv) the extent to which compensation would ensure long-term continued maintenance, management, and improvement of the incentive practice.
(C) Delivery of payments
In making payments under subparagraph (A), the Secretary shall, to the extent practicable—
(i) in the case of annual payments under paragraph (2)(A)(ii)(I), make those payments as soon as practicable after October 1 of each fiscal year for which increased levels of conservation are maintained during the term of the contract; and
(ii) in the case of practice payments under paragraph (2)(A)(ii)(II), make those payments as soon as practicable on the implementation of an incentive practice.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in subsec. (i)(5)(B), is title XXI of
Codification
Prior Provisions
A prior section 3839aa–2,
Amendments
2022—Subsec. (a).
Subsec. (f)(2)(B).
2018—Subsec. (a).
Subsec. (d)(4)(B)(i).
Subsec. (d)(4)(B)(iii).
Subsec. (d)(7).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (g)(3), (4).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (h)(3).
Subsec. (h)(3)(A).
Subsec. (h)(3)(B).
Subsec. (h)(4).
Subsec. (i)(2)(B).
Subsec. (i)(3).
Subsec. (j).
2014—Subsec. (a).
Subsec. (b)(2).
"(A) at a minimum, is equal to the period beginning on the date on which the contract is entered into and ending on the date that is one year after the date on which all practices under the contract have been implemented; but
"(B) not to exceed 10 years."
Subsec. (d)(3)(A) to (G).
"(A) residue management;
"(B) nutrient management;
"(C) air quality management;
"(D) invasive species management;
"(E) pollinator habitat;
"(F) animal carcass management technology; or
"(G) pest management."
Subsec. (d)(4)(A).
Subsec. (d)(4)(B).
Subsec. (f).
Subsec. (g).
2011—Subsec. (a).
2008—
2006—Subsec. (a)(1).
2004—Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
1 See References in Text note below.
§3839aa–3. Evaluation of applications
(a) Evaluation criteria
The Secretary shall develop criteria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed.
(b) Prioritization of applications
In evaluating applications under this subpart, the Secretary shall prioritize applications—
(1) based on their overall level of cost-effectiveness to ensure that the conservation practices and approaches proposed are the most efficient means of achieving the anticipated conservation benefits of the project;
(2) based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns;
(3) that best fulfill the purposes of the program; and
(4) that improve conservation practices or systems in place on the operation at the time the contract offer is accepted or that will complete a conservation system.
(c) Grouping of applications
To the greatest extent practicable, the Secretary shall group applications of similar crop or livestock operations for evaluation purposes or otherwise evaluate applications relative to other applications for similar farming operations.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–3,
Amendments
2018—Subsec. (b).
2014—Subsec. (b)(1).
Subsec. (b)(3).
2008—
"(1) encourage the use by producers of cost-effective conservation practices; and
"(2) address national conservation priorities."
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–4. Duties of producers
To receive payments under the program, a producer shall agree—
(1) to implement an environmental quality incentives program plan (including a comprehensive nutrient management plan, if applicable) that describes conservation and environmental purposes to be achieved through 1 or more practices that are approved by the Secretary;
(2) not to conduct any practices on the enrolled land that would tend to defeat the purposes of the program;
(3) on the violation of a term or condition of the contract at anytime the producer has control of the land—
(A) if the Secretary determines that the violation warrants termination of the contract—
(i) to forfeit all rights to receive payments under the contract; and
(ii) to refund to the Secretary all or a portion of the payments received by the owner or operator under the contract, including any interest on the payments, as determined by the Secretary; or
(B) if the Secretary determines that the violation does not warrant termination of the contract, to refund to the Secretary, or accept adjustments to, the payments provided to the owner or operator, as the Secretary determines to be appropriate;
(4) on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees with the Secretary to assume all obligations of the contract, to refund all payments received under the program, as determined by the Secretary;
(5) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and
(6) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–4,
Amendments
2014—Par. (2).
2008—
Par. (2).
Par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–5. Environmental quality incentives program plan
(a) Plan of operations
To be eligible to receive payments under the program, a producer shall submit to the Secretary for approval a plan of operations that—
(1) specifies practices covered under the program;
(2) includes such terms and conditions as the Secretary considers necessary to carry out the program, including a description of the purposes to be met by the implementation of the plan;
(3) in the case of a confined livestock feeding operation, provides for development and progressive implementation of a comprehensive nutrient management plan, if applicable; and
(4) in the case of forest land, is consistent with the provisions of a forest management plan that is approved by the Secretary, which may include—
(A) a forest stewardship plan described in
(B) another practice plan approved by the State forester; or
(C) another plan determined appropriate by the Secretary.
(b) Avoidance of duplication
The Secretary shall—
(1) consider a plan developed in order to acquire a permit under a water or air quality regulatory program as the equivalent of a plan of operations under subsection (a), if the plan contains elements equivalent to those elements required by a plan of operations; and
(2) to the maximum extent practicable, eliminate duplication of planning activities under the program under this subpart and comparable conservation programs.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–5,
Amendments
2018—Subsec. (a)(3).
Subsec. (b)(2).
2008—Subsec. (a).
Subsec. (a)(4).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–6. Duties of the Secretary
To the extent appropriate, the Secretary shall assist a producer in achieving the conservation and environmental goals of a program plan by—
(1) providing payments for developing and implementing 1 or more practices, as appropriate; and
(2) providing the producer with information and training to aid in implementation of the plan.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–6,
Amendments
2008—Par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–7. Limitation on payments
Not including payments made under
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–7,
Amendments
2018—
2014—
2008—
2006—
2004—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–8. Conservation innovation grants and payments
(a) Competitive grants for innovative conservation approaches
(1) Grants
Out of the funds made available to carry out this subpart, the Secretary may pay the cost of competitive grants that are intended to stimulate innovative approaches to leveraging the Federal investment in environmental enhancement and protection, in conjunction with agricultural production or forest resource management, through the program.
(2) Use
The Secretary may provide grants under this subsection to governmental and non-governmental organizations and persons, on a competitive basis, to carry out projects that—
(A) involve producers who are eligible for payments or technical assistance under the program or community colleges (as defined in
(B) leverage Federal funds made available to carry out the program under this subpart with matching funds provided by State and local governments and private organizations to promote environmental enhancement and protection in conjunction with agricultural production;
(C) ensure efficient and effective transfer of innovative technologies and approaches demonstrated through projects that receive funding under this section, such as market systems for pollution reduction and practices for the storage of carbon in soil;
(D) provide environmental and resource conservation benefits through increased participation by producers of specialty crops;
(E) partner with farmers to develop innovative practices for urban, indoor, or other emerging agricultural operations;
(F) utilize edge-of-field and other monitoring practices on farms—
(i) to quantify the impacts of practices implemented under the program; and
(ii) to assist producers in making the best conservation investments for the operations of the producers;
(G) facilitate on-farm conservation research and demonstration activities; and
(H) facilitate pilot testing of new technologies or innovative conservation practices.
(b) Air quality concerns from agricultural operations
(1) Implementation assistance
The Secretary shall provide payments under this subsection to producers to implement practices to address air quality concerns from agricultural operations and to meet Federal, State, and local regulatory requirements. The funds shall be made available on the basis of air quality concerns in a State and shall be used to provide payments to producers that are cost effective and reflect innovative technologies.
(2) Funding
Of the funds made available to carry out this subpart, the Secretary shall carry out this subsection using $37,500,000 for each of fiscal years 2019 through 2031.
(c) On-farm conservation innovation trials
(1) Definitions
In this subsection:
(A) Eligible entity
The term "eligible entity" means, as determined by the Secretary—
(i) a third-party private entity the primary business of which is related to agriculture;
(ii) a nongovernmental organization with experience working with agricultural producers; or
(iii) a governmental organization.
(B) New or innovative conservation approach
The term "new or innovative conservation approach" means—
(i) new or innovative—
(I) precision agriculture technologies;
(II) enhanced nutrient management plans, nutrient recovery systems, and fertilization systems;
(III) soil health management systems, including systems to increase soil carbon levels;
(IV) water management systems;
(V) resource-conserving crop rotations (as defined in
(VI) cover crops; and
(VII) irrigation systems; and
(ii) any other conservation approach approved by the Secretary as new or innovative.
(2) Testing new or innovative conservation approaches
Using $25,000,000 of the funds made available to carry out this subpart for each of fiscal years 2019 through 2031, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test new or innovative conservation approaches—
(A) directly with producers; or
(B) through eligible entities.
(3) Incentive payments
(A) Agreements
In carrying out paragraph (2), the Secretary shall enter into agreements with producers (either directly or through eligible entities) on whose land an on-farm conservation innovation trial is being carried out to provide payments (including payments to compensate for foregone income, as appropriate to address the increased economic risk potentially associated with new or innovative conservation approaches) to the producers to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits.
(B) Adjusted gross income requirements
(i) In general
Adjusted gross income requirements under
(I) apply to producers receiving payments under this subsection; and
(II) be enforced by the Secretary.
(ii) Reporting
An eligible entity participating in an on-farm conservation innovation trial under this subsection shall report annually to the Secretary on the amount of payments made to individual farm operations under this subsection.
(C) Limitation on administrative expenses
None of the funds made available to carry out this subsection may be used to pay for the administrative expenses of an eligible entity.
(D) Length of agreements
An agreement entered into under subparagraph (A) shall be for a period determined by the Secretary that is—
(i) not less than 3 years; and
(ii) if appropriate, more than 3 years, including if such a period is appropriate to support—
(I) adaptive management over multiple crop years; and
(II) adequate data collection and analysis by a producer or eligible entity to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary.
(4) Flexible adoption
The scale of adoption of a new or innovative conservation approach under an on-farm conservation innovation trial under an agreement under paragraph (2) may include multiple scales on an operation, including whole farm, field-level, or sub-field scales.
(5) Technical assistance
The Secretary shall provide technical assistance—
(A) to each producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (2) with respect to the design, installation, and management of the new or innovative conservation approaches; and
(B) to each eligible entity participating in an on-farm conservation innovation trial under paragraph (2) with respect to data analyses of the on-farm conservation innovation trial.
(6) Geographic scope
The Secretary shall identify a diversity of geographic regions of the United States in which to establish on-farm conservation innovation trials under paragraph (2), taking into account factors such as soil type, cropping history, and water availability.
(7) Soil health demonstration trial
Using funds made available to carry out this subsection, the Secretary shall carry out a soil health demonstration trial under which the Secretary coordinates with eligible entities—
(A) to provide incentives to producers to implement conservation practices that—
(i) improve soil health;
(ii) increase carbon levels in the soil; or
(iii) meet the goals described in clauses (i) and (ii);
(B) to establish protocols for measuring carbon levels in the soil and testing carbon levels on land where conservation practices described in subparagraph (A) were applied to evaluate gains in soil health as a result of the practices implemented by the producers in the soil health demonstration trial; and
(C)(i) not later than September 30, 2020, to initiate a study regarding changes in soil health and, if feasible, economic outcomes, generated as a result of the conservation practices described in subparagraph (A) that were applied by producers through the soil health demonstration trial; and
(ii) to submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate annual reports on the progress and results of the study under clause (i).
(d) Reporting and database
(1) Report required
Not later than September 30, 2019, and every 2 years thereafter, 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 on the status of activities funded under this section, including—
(A) funding awarded;
(B) results of the activities, including, if feasible, economic outcomes;
(C) incorporation of findings from the activities, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary; and
(D) on completion of the study required under subsection (c)(7)(C), the findings of the study.
(2) Conservation practice database
(A) In general
The Secretary shall use the data reported under paragraph (1) to establish and maintain a publicly available conservation practice database that provides—
(i) a compilation and analysis of effective conservation practices for soil health, nutrient management, and source water protection in varying soil compositions, cropping systems, slopes, and landscapes; and
(ii) a list of recommended new and effective conservation practices.
(B) Privacy
Information provided under subparagraph (A) shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal information of individual producers.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3839aa–8,
Amendments
2022—Subsecs. (b)(2), (c)(2).
2018—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(2)(E) to (H).
Subsec. (b)(2).
Subsecs. (c), (d).
"(1) funding awarded;
"(2) project results; and
"(3) incorporation of project findings, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary."
2014—Subsec. (a)(2)(E), (F).
Subsec. (b)(2).
Subsec. (c).
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839aa–9. Repealed. Pub. L. 113–79, title II, §2706(a), Feb. 7, 2014, 128 Stat. 769
Section,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
subpart b—conservation stewardship program
§3839aa–21. Definitions
In this subpart:
(1) Agricultural operation
The term "agricultural operation" means all eligible land, whether or not contiguous, that is—
(A) under the effective control of a producer at the time the producer enters into a contract under the program; and
(B) operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary.
(2) Conservation activities
(A) In general
The term "conservation activities" means conservation systems, practices, or management measures.
(B) Inclusions
The term "conservation activities" includes—
(i) structural measures, vegetative measures, and land management measures, including agriculture drainage management systems, as determined by the Secretary;
(ii) planning needed to address a priority resource concern;
(iii) development of a comprehensive conservation plan, as defined in
(iv) soil health planning, including planning to increase soil organic matter; and
(v) activities that will assist a producer to adapt to, or mitigate against, increasing weather volatility.
(3) Conservation stewardship plan
The term "conservation stewardship plan" means a plan that—
(A) identifies and inventories priority resource concerns;
(B) establishes benchmark data and conservation objectives;
(C) describes conservation activities to be implemented, managed, or improved; and
(D) includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities.
(4) Eligible land
(A) In general
The term "eligible land" means—
(i) private or tribal land on which agricultural commodities, livestock, or forest-related products are produced; and
(ii) lands associated with the land described in clause (i) on which priority resource concerns could be addressed through a contract under the program.
(B) Inclusions
The term "eligible land" includes—
(i) cropland;
(ii) grassland;
(iii) rangeland;
(iv) pasture land;
(v) nonindustrial private forest land; and
(vi) other land in agricultural areas (including cropped woodland, marshes, and agricultural land used or capable of being used for the production of livestock), as determined by the Secretary.
(5) Priority resource concern
The term "priority resource concern" means a natural resource concern or problem, as determined by the Secretary, that—
(A) is identified at the national, State, or local level as a priority for a particular area of a State;
(B) represents a significant concern in a State or region; and
(C) is likely to be addressed successfully through the implementation of conservation activities under this program.
(6) Program
The term "program" means the conservation stewardship program established by this subpart.
(7) Stewardship threshold
The term "stewardship threshold" means the level of management required, as determined by the Secretary, to conserve and improve the quality and condition of a natural resource through the use of—
(A) quality criteria under a resource management system;
(B) predictive analytics tools or models developed or approved by the Natural Resources Conservation Service;
(C) data from past and current enrollment in the program; and
(D) other methods that measure conservation and improvement in priority resource concerns, as determined by the Secretary.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—Par. (2)(B)(iii)–(v).
Par. (7).
2014—
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this subpart and repeal of
Effect on Existing Contracts by Pub. L. 115–334
"(3)
"(A)
"(i) the validity or terms of any contract entered into by the Secretary [of Agriculture] under subchapter B of
"(ii) subject to subparagraph (D), any agreement entered into by the Secretary under the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 (
"(B)
"(C)
"(i)
"(ii)
"(I) if that contract expires on or after December 31, 2019;
"(II) under the terms of the conservation stewardship program under subchapter B of
"(III) subject to the limitation on funding for that subchapter under section 1241 of the Food Security Act of 1985 (
"(D)
"(i)
"(ii)
"(I) the Secretary shall modify the agreement to authorize the entrance into a contract under subchapter B of
"(II) the funds associated with the conservation stewardship program acres allocated under that agreement, on modification under subclause (I), may be used to enter into conservation stewardship program contracts with producers under subchapter B of
"(4)
"(5)
"(A) any contract or agreement described in paragraph (3)(A)(i) for fiscal year 2019;
"(B) any contract or agreement described in paragraph (3)(A)(ii);
"(C) any contract extended under paragraph (3)(B); and
"(D) any contract or agreement under subchapter B of
Effect on Existing Contracts by Pub. L. 113–79
"(1)
"(2)
§3839aa–22. Conservation stewardship program
(a) Establishment and purpose
During each of fiscal years 2019 through 2031, the Secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner—
(1) by undertaking additional conservation activities; and
(2) by improving, maintaining, and managing existing conservation activities.
(b) Exclusions
(1) Land enrolled in other conservation programs
Subject to paragraph (2), the following land (even if covered by the definition of eligible land) is not eligible for enrollment in the program:
(A) Land enrolled in the conservation reserve program, unless—
(i) the conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and
(ii) conservation reserve program payments for land enrolled in the program cease before the first program payment is made to the applicant under this subpart.
(B) Land enrolled in a wetland reserve easement through the agricultural conservation easement program.
(2) Conversion to cropland
Eligible land used for crop production after December 20, 2018, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet such requirement because—
(A) the land had previously been enrolled in the conservation reserve program;
(B) the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or
(C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Secretary.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2022—Subsec. (a).
2018—Subsec. (a).
Subsec. (b)(1)(C).
Subsec. (b)(2).
2014—
2011—Subsec. (a).
§3839aa–23. Stewardship contracts
(a) Submission of contract offers
To be eligible to participate in the conservation stewardship program, a producer shall submit to the Secretary a contract offer for the agricultural operation that—
(1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, meets or exceeds the stewardship threshold for at least 2 priority resource concerns; and
(2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by—
(A) installing and adopting additional conservation activities; and
(B) improving, maintaining, and managing existing conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary.
(b) Evaluation of contract offers
(1) Ranking of applications
(A) In general
In evaluating contract offers submitted under subsection (a) and contract renewals under subsection (e), the Secretary shall rank applications based on—
(i) the natural resource conservation and environmental benefits that result from the conservation treatment on all applicable priority resource concerns at the time of submission of the application;
(ii) the degree to which the proposed conservation activities increase natural resource conservation and environmental benefits; and
(iii) other consistent criteria, as determined by the Secretary.
(B) Additional criterion
If 2 or more applications receive the same ranking under subparagraph (A), the Secretary shall rank those contracts based on the extent to which the actual and anticipated conservation benefits from each contract are provided at the lowest cost relative to other similarly beneficial contract offers.
(2) Prohibition
The Secretary may not assign a higher priority to any application because the applicant is willing to accept a lower payment than the applicant would otherwise be eligible to receive.
(3) Additional criteria
The Secretary may develop and use such additional criteria that the Secretary determines are necessary to ensure that national, State, and local priority resource concerns are effectively addressed.
(c) Entering into contracts
After a determination that a producer is eligible for a contract or contract renewal under this section, and a determination that the contract or contract renewal offer ranks sufficiently high under the evaluation criteria under subsection (b), the Secretary shall enter into a conservation stewardship contract or contract renewal with the producer to enroll the eligible land to be covered by the contract or contract renewal.
(d) Contract provisions
(1) Term
A conservation stewardship contract shall be for a term of 5 years.
(2) Required provisions
The conservation stewardship contract of a producer shall—
(A) state the amount of the payment the Secretary agrees to make to the producer for each year of the conservation stewardship contract under
(B) require the producer—
(i) to implement a conservation stewardship plan that describes the program purposes to be achieved through 1 or more conservation activities;
(ii) to maintain and supply information as required by the Secretary to determine compliance with the conservation stewardship plan and any other requirements of the program; and
(iii) not to conduct any activities on the agricultural operation that would tend to defeat the purposes of the program;
(C) permit all economic uses of the eligible land that—
(i) maintain the agricultural nature of the land; and
(ii) are consistent with the conservation purposes of the conservation stewardship contract;
(D) include a provision to ensure that a producer shall not be considered in violation of the contract for failure to comply with the contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the Secretary;
(E) include provisions requiring that upon the violation of a term or condition of the contract at any time the producer has control of the land—
(i) if the Secretary determines that the violation warrants termination of the contract—
(I) the producer shall forfeit all rights to receive payments under the contract; and
(II) the producer shall refund all or a portion of the payments received by the producer under the contract, including any interest on the payments, as determined by the Secretary; or
(ii) if the Secretary determines that the violation does not warrant termination of the contract, the producer shall refund or accept adjustments to the payments provided to the producer, as the Secretary determines to be appropriate;
(F) include provisions in accordance with paragraphs (3) and (4); and
(G) include any additional provisions the Secretary determines are necessary to carry out the program.
(3) Change of interest in land subject to a contract
(A) In general
At the time of application, a producer shall have control of the eligible land to be enrolled in the program. Except as provided in subparagraph (B), a change in the interest of a producer in eligible land covered by a contract under the program shall result in the termination of the contract with regard to that land.
(B) Transfer of duties and rights
Subparagraph (A) shall not apply if—
(i) within a reasonable period of time (as determined by the Secretary) after the date of the change in the interest in eligible land covered by a contract under the program, the transferee of the land provides written notice to the Secretary that all duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred;
(ii) the transferee meets the eligibility requirements of the program; and
(iii) the Secretary approves the transfer of all duties and rights under the contract.
(4) Modification and termination of contracts
(A) Voluntary modification or termination
The Secretary may modify or terminate a contract with a producer if—
(i) the producer agrees to the modification or termination; and
(ii) the Secretary determines that the modification or termination is in the public interest.
(B) Involuntary termination
The Secretary may terminate a contract if the Secretary determines that the producer violated the contract.
(5) Repayment
If a contract is terminated, the Secretary may, consistent with the purposes of the program—
(A) allow the producer to retain payments already received under the contract; or
(B) require repayment, in whole or in part, of payments received and assess liquidated damages.
(e) Contract renewal
The Secretary may provide the producer an opportunity to renew an existing contract in the first half of the fifth year of the contract period if the producer—
(1) demonstrates compliance with the terms of the existing contract;
(2) agrees to adopt and continue to integrate new or improved conservation activities across the entire agricultural operation, demonstrating continued improvement during the additional 5-year period, as determined by the Secretary; and
(3) agrees, by the end of the contract period—
(A) to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation; or
(B) to adopt or improve conservation activities, as determined by the Secretary, to achieve higher levels of performance with respect to not less than 2 existing priority resource concerns that are specified by the Secretary in the initial contract.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
Subsec. (b)(1).
Subsec. (c).
Subsec. (d)(2)(A).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(3)(B).
2014—
§3839aa–24. Duties of the Secretary
(a) In general
To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary shall—
(1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, 1 of which shall occur in the first quarter of each fiscal year;
(2) identify not less than 5 priority resource concerns in a particular watershed or other appropriate region or area within a State; and
(3) establish a science-based stewardship threshold for each priority resource concern identified under paragraph (2).
(b) Allocation to States
The Secretary shall allocate funding to States for enrollment, based—
(1) primarily on each State's proportion of eligible land to the total acreage of eligible land in all States; and
(2) also on consideration of—
(A) the extent and magnitude of the conservation needs associated with agricultural production in each State;
(B) the degree to which implementation of the program in the State is, or will be, effective in helping producers address those needs; and
(C) other considerations to achieve equitable geographic distribution of funds, as determined by the Secretary.
(c) Conservation stewardship payments
(1) Availability of payments
The Secretary shall provide annual payments under the program to compensate the producer for—
(A) installing and adopting additional conservation activities; and
(B) improving, maintaining, and managing conservation activities in place at the agricultural operation of the producer at the time the contract offer is accepted by the Secretary.
(2) Payment amount
The amount of the annual payment shall be determined by the Secretary and based, to the maximum extent practicable, on the following factors:
(A) Costs incurred by the producer associated with planning, design, materials, installation, labor, management, maintenance, or training.
(B) Income forgone by the producer.
(C) Expected conservation benefits.
(D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation.
(E) The level of stewardship in place at the time of application and maintained over the term of the contract.
(F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract.
(G) Such other factors as are determined appropriate by the Secretary.
(3) Exclusions
A payment to a producer under this subsection shall not be provided for—
(A) the design, construction, or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or
(B) conservation activities for which there is no cost incurred or income forgone to the producer.
(4) Delivery of payments
In making payments under this subsection, the Secretary shall, to the extent practicable—
(A) prorate conservation performance over the term of the contract so as to accommodate, to the extent practicable, producers earning equal annual payments in each fiscal year; and
(B) make such payments as soon as practicable after October 1 of each fiscal year for activities carried out in the previous fiscal year.
(5) Payment for cover crop activities
The amount of a payment under this subsection for cover crop activities shall be not less than 125 percent of the annual payment amount determined by the Secretary under paragraph (2).
(d) Supplemental payments for resource-conserving crop rotations and advanced grazing management
(1) Definitions
In this subsection:
(A) Advanced grazing management
The term "advanced grazing management" means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, that provide for—
(i) improved soil health and carbon sequestration;
(ii) drought resilience;
(iii) wildlife habitat;
(iv) wildfire mitigation;
(v) control of invasive plants; and
(vi) water quality improvement.
(B) Management-intensive rotational grazing
The term "management-intensive rotational grazing" means a strategic, adaptively managed multipasture grazing system in which animals are regularly and systematically moved to fresh pasture in a manner that—
(i) maximizes the quantity and quality of forage growth;
(ii) improves manure distribution and nutrient cycling;
(iii) increases carbon sequestration from greater forage harvest;
(iv) improves the quality and quantity of cover for wildlife;
(v) provides permanent cover to protect the soil from erosion; and
(vi) improves water quality.
(C) Resource-conserving crop rotation
The term "resource-conserving crop rotation" means a crop rotation that—
(i) includes at least 1 resource-conserving crop (as defined by the Secretary);
(ii) reduces erosion;
(iii) improves soil fertility and tilth;
(iv) interrupts pest cycles;
(v) builds soil organic matter; and
(vi) in applicable areas, reduces depletion of soil moisture or otherwise reduces the need for irrigation.
(2) Availability of payments
The Secretary shall provide additional payments to producers that, in participating in the program, agree to adopt or improve, manage, and maintain—
(A) resource-conserving crop rotations; or
(B) advanced grazing management.
(3) Eligibility
To be eligible to receive a payment described in paragraph (2), a producer shall agree to adopt or improve, manage, and maintain resource-conserving crop rotations or advanced grazing management for the term of the contract.
(4) Amount of payment
An additional payment provided under paragraph (2) shall be not less than 150 percent of the annual payment amount determined by the Secretary under subsection (c)(2).
(e) Payment for comprehensive conservation plan
(1) Definition of comprehensive conservation plan
In this subsection, the term "comprehensive conservation plan" means a conservation plan that meets or exceeds the stewardship threshold for each priority resource concern identified by the Secretary under subsection (a)(2).
(2) Payment for comprehensive conservation plan
The Secretary shall provide a 1-time payment to a producer that develops a comprehensive conservation plan.
(3) Amount of payment
The Secretary shall determine the amount of payment under paragraph (2) based on—
(A) the number of priority resource concerns addressed in the comprehensive conservation plan; and
(B) the number of types of land uses included in the comprehensive conservation plan.
(f) Payment limitations
A person or legal entity may not receive, directly or indirectly, payments under the program that, in the aggregate, exceed $200,000 under all contracts entered into during fiscal years 2019 through 2023, excluding funding arrangements with Indian tribes, regardless of the number of contracts entered into under the program by the person or legal entity.
(g) Specialty crop and organic producers
The Secretary shall ensure that outreach and technical assistance are available, and program specifications are appropriate to enable specialty crop and organic producers to participate in the program.
(h) Organic certification
(1) Coordination
The Secretary shall establish a transparent means by which producers may initiate organic certification under the Organic Foods Production Act of 1990 (
(2) Allocation
(A) In general
Using funds made available for the program for each of fiscal years 2019 through 2031, the Secretary shall allocate funding to States to support organic production and transition to organic production through paragraph (1).
(B) Determination
The Secretary shall determine the allocation to a State under subparagraph (A) based on—
(i) the number of certified and transitioning organic operations within the State; and
(ii) the number of acres of certified and transitioning organic production within the State.
(i) Regulations
The Secretary shall promulgate regulations that—
(1) prescribe such other rules as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under subsection (f); and
(2) otherwise enable the Secretary to carry out the program.
(j) Streamlining and coordination
To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the environmental quality incentives program under subpart A, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.
(k) Soil health
To the maximum extent feasible, the Secretary shall manage the program to enhance soil health.
(l) Annual report
Each fiscal 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 describing the payment rates for conservation activities offered to producers under the program and an analysis of whether payment rates can be reduced for the most expensive conservation activities.
(
Editorial Notes
References in Text
The Organic Foods Production Act of 1990, referred to in subsec. (h)(1), is title XXI of
Codification
Section was formerly classified to
Amendments
2022—Subsec. (h)(2)(A).
2018—Subsec. (b).
Subsec. (c).
"(1) enroll in the program an additional 10,000,000 acres for each fiscal year; and
"(2) manage the program to achieve a national average rate of $18 per acre, which shall include the costs of all financial assistance, technical assistance, and any other expenses associated with enrollment or participation in the program."
Subsec. (c)(5).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e).
Subsec. (f).
Subsec. (h).
Subsecs. (j) to (l).
2014—
§3839aa–25. Grassland conservation initiative
(a) Definitions
In this section:
(1) Eligible land
Notwithstanding
(2) Initiative
The term "initiative" means the grassland conservation initiative established under subsection (b).
(b) Establishment and purpose
The Secretary shall establish within the program a grassland conservation initiative for the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and achieving related conservation values by conserving eligible land through grassland conservation contracts under subsection (e).
(c) Election
Beginning in fiscal year 2019, the Secretary shall provide a 1-time election to enroll eligible land in the initiative under a contract described in subsection (e).
(d) Method of enrollment
The Secretary shall—
(1) notwithstanding subsection (b) of
(2) enroll the eligible land in the initiative under a contract described in subsection (e).
(e) Grassland conservation contract
(1) In general
Notwithstanding
(A) to meet or exceed the stewardship threshold for not less than 1 priority resource concern by the date on which the contract expires; and
(B) to comply with the terms and conditions of the contract.
(2) Terms
A grassland conservation contract entered into under this section shall—
(A)(i) be for a single 5-year term; and
(ii) not be subject to renewal or reenrollment under
(B) be subject to
(3) Early termination
The Secretary shall allow a producer that enters into a grassland conservation contract under this section—
(A) to terminate the contract at any time; and
(B) to retain payments already received under the contract.
(f) Grassland conservation plan
The grassland conservation plan developed for eligible land shall be limited to—
(1) eligible land; and
(2) resource concerns and activities relating to grassland.
(g) Payments
(1) In general
Beginning in fiscal year 2019, of the funds made available for this subpart under
(2) Payment noneligibility
A grassland conservation contract under this section shall not be—
(A) eligible for payments under
(B) subject to the payment limitations under this subpart.
(3) Limitation
The amount of an annual payment under this subsection shall be $18 per acre, not to exceed the number of base acres on a farm.
(h) Considered planted
The Secretary shall consider land enrolled under a grassland conservation contract under this section during a crop year to be planted or considered planted to a covered commodity (as defined in
(i) Other contracts
A producer with an agricultural operation that contains land eligible under this section and land eligible under
(1) may enroll the land eligible under this section through a contract under this section or under
(2) shall not be prohibited from enrolling the land eligible under
(
Editorial Notes
References in Text
The Agriculture Improvement Act of 2018, referred to in subsec. (g)(1), is
Part V—Other Conservation Programs
§3839bb. Conservation of private grazing land
(a) Purpose
It is the purpose of this section to authorize the Secretary to provide a coordinated technical, educational, and related assistance program to conserve and enhance private grazing land resources and provide related benefits to all citizens of the United States by—
(1) establishing a coordinated and cooperative Federal, State, and local grazing conservation program for management of private grazing land;
(2) strengthening technical, educational, and related assistance programs that provide assistance to owners and managers of private grazing land;
(3) conserving and improving wildlife habitat on private grazing land;
(4) conserving and improving fish habitat and aquatic systems through grazing land conservation treatment;
(5) protecting and improving water quality;
(6) improving the dependability and consistency of water supplies;
(7) identifying and managing weed, noxious weed, and brush encroachment problems on private grazing land; and
(8) integrating conservation planning and management decisions by owners and managers of private grazing land, on a voluntary basis.
(b) Definitions
In this section:
(1) Department
The term "Department" means the Department of Agriculture.
(2) Private grazing land
The term "private grazing land" means private, State-owned, tribally-owned, and any other non-federally owned rangeland, pastureland, grazed forest land, and hay land.
(3) Secretary
The term "Secretary" means the Secretary of Agriculture.
(c) Private grazing land conservation assistance
(1) Assistance to grazing landowners and others
Subject to the availability of appropriations for this section, the Secretary shall establish a voluntary program to provide technical, educational, and related assistance to owners and managers of private grazing land and public agencies, through local conservation districts, to enable the landowners, managers, and public agencies to voluntarily carry out activities that are consistent with this section, including—
(A) maintaining and improving private grazing land and the multiple values and uses that depend on private grazing land;
(B) implementing grazing land management technologies;
(C) managing resources on private grazing land, including—
(i) planning, managing, and treating private grazing land resources;
(ii) ensuring the long-term sustainability of private grazing land resources;
(iii) harvesting, processing, and marketing private grazing land resources; and
(iv) identifying and managing weed, noxious weed, and brush encroachment problems;
(D) protecting and improving the quality and quantity of water yields from private grazing land;
(E) maintaining and improving wildlife and fish habitat on private grazing land;
(F) enhancing recreational opportunities on private grazing land;
(G) maintaining and improving the aesthetic character of private grazing land;
(H) identifying the opportunities and encouraging the diversification of private grazing land enterprises; and
(I) encouraging the use of sustainable grazing systems, such as year-round, rotational, or managed grazing.
(2) Program elements
(A) Funding
If funding is provided to carry out this section, it shall be provided through a specific line-item in the annual appropriations for the Natural Resources Conservation Service.
(B) Technical assistance and education
Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, at the request of the owners and managers.
(C) Partnerships
In carrying out the program under this section, the Secretary shall provide education and outreach activities through partnerships with—
(i) land-grant colleges and universities (as defined in
(ii) nongovernmental organizations.
(d) Grazing technical assistance self-help
(1) Findings
Congress finds that—
(A) there is a severe lack of technical assistance for farmers and ranchers that graze livestock;
(B) Federal budgetary constraints preclude any significant expansion, and may force a reduction of, current levels of technical support; and
(C) farmers and ranchers have a history of cooperatively working together to address common needs in the promotion of their products and in the drainage of wet areas through drainage districts.
(2) Establishment of grazing demonstration
In accordance with paragraph (3), the Secretary may establish 2 grazing management demonstration districts at the recommendation of the grazing land conservation initiative steering committee.
(3) Procedure
(A) Proposal
Within a reasonable time after the submission of a request of an organization of farmers or ranchers engaged in grazing, the Secretary shall propose that a grazing management district be established.
(B) Funding
The terms and conditions of the funding and operation of the grazing management district shall be proposed by the producers.
(C) Approval
The Secretary shall approve the proposal if the Secretary determines that the proposal—
(i) is reasonable;
(ii) will promote sound grazing practices; and
(iii) contains provisions similar to the provisions contained in the beef promotion and research order issued under
(D) Area included
The area proposed to be included in a grazing management district shall be determined by the Secretary on the basis of an application by farmers or ranchers.
(E) Authorization
The Secretary may use authority under the Agricultural Adjustment Act (
(F) Activities
The activities of a grazing management district shall be scientifically sound activities, as determined by the Secretary in consultation with a technical advisory committee composed of ranchers, farmers, and technical experts.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2002 through 2023.
(
Editorial Notes
References in Text
The Agricultural Adjustment Act, referred to in subsec. (d)(3)(E), is title I of act May 12, 1933, ch. 25,
Codification
Amendments
2018—Subsec. (c)(2)(C).
Subsec. (e).
2014—Subsec. (e).
2008—Subsec. (e).
2002—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839bb–1. Repealed. Pub. L. 113–79, title II, §2707(a), Feb. 7, 2014, 128 Stat. 769
Section,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
§3839bb–2. Grassroots source water protection program
(a) In general
The Secretary shall establish a national grassroots water protection program to more effectively use onsite technical assistance capabilities of each State rural water association that, as of May 13, 2002, operates a wellhead or groundwater protection program in the State.
(b) Funding
(1) Authorization of appropriations
There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2008 through 2023.
(2) Availability of funds
In addition to funds made available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use $5,000,000, to remain available until expended.
(3) Additional funding
In addition to any other funds made available under this subsection, of the funds of the Commodity Credit Corporation, the Secretary shall use—
(A) $5,000,000 beginning in fiscal year 2019, to remain available until expended; and
(B) $1,000,000 beginning in fiscal year 2024, to remain available until expended.
(
Editorial Notes
Codification
Amendments
2023—Subsec. (b)(3).
2018—Subsec. (b)(1).
Subsec. (b)(3).
2014—Subsec. (b).
2008—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3839bb–3. Repealed. Pub. L. 113–79, title II, §2708, Feb. 7, 2014, 128 Stat. 770
Section,
§3839bb–4. Repealed. Pub. L. 113–79, title II, §2709(a), Feb. 7, 2014, 128 Stat. 770
Section,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
§3839bb–5. Voluntary public access and habitat incentive program
(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
(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, and $10,000,000 for fiscal year 2024.
(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
(3) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2013.
(
Editorial Notes
References in Text
Codification
Amendments
2023—Subsec. (f)(1).
2018—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (c)(3).
Subsec. (d)(2).
Subsec. (f)(1).
Subsec. (f)(2), (3).
2014—Subsec. (f)(1).
2013—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Amendment by
Effective Date of 2013 Amendment
Amendment by
Effective Date
Enactment of this section and repeal of
§3839bb–6. Terminal lakes assistance
(a) Definitions
In this section:
(1) Eligible land
The term "eligible land" means privately owned agricultural land (including land in which a State has a property interest as a result of State water law)—
(A) that a landowner voluntarily agrees to sell to a State; and
(B) which—
(i)(I) is ineligible for enrollment as a wetland reserve easement established under the agricultural conservation easement program under subtitle H 1 of the Food Security Act of 1985;
(II) is flooded to—
(aa) an average depth of at least 6.5 feet; or
(bb) a level below which the State determines the management of the water level is beyond the control of the State or landowner; or
(III) is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding);
(ii) is located within a watershed with water rights available for lease or purchase; and
(iii) has been used during at least 5 of the immediately preceding 30 years—
(I) to produce crops or hay; or
(II) as livestock pasture or grazing.
(2) Program
The term "program" means the voluntary land purchase program established under this section.
(3) Terminal lake
The term "terminal lake" means a lake and its associated riparian and watershed resources that is—
(A) considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded; or
(B) considered terminal because it has no natural outlet and is at risk due to a history of consistent Federal assistance to address critical resource conditions, including insufficient water available to meet the needs of the lake, general uses, and water rights.
(b) Assistance
The Secretary shall—
(1) provide grants under subsection (c) for the purchase of eligible land impacted by a terminal lake described in subsection (a)(3)(A); and
(2) provide funds to the Secretary of the Interior pursuant to subsection (e)(2) with assistance in accordance with subsection (d) for terminal lakes described in subsection (a)(3)(B).
(c) Land purchase grants
(1) In general
Using funds provided under subsection (e)(1), the Secretary shall make available land purchase grants to States for the purchase of eligible land in accordance with this subsection.
(2) Implementation
(A) Amount
A land purchase grant shall be in an amount not to exceed the lesser of—
(i) 50 percent of the total purchase price per acre of the eligible land; or
(ii)(I) in the case of eligible land that was used to produce crops or hay, $400 per acre; and
(II) in the case of eligible land that was pasture or grazing land, $200 per acre.
(B) Determination of purchase price
A State purchasing eligible land with a land purchase grant shall ensure, to the maximum extent practicable, that the purchase price of such land reflects the value, if any, of other encumbrances on the eligible land to be purchased, including easements and mineral rights.
(C) Cost-share required
To be eligible to receive a land purchase grant, a State shall provide matching non-Federal funds in an amount equal to 50 percent of the amount described in subparagraph (A), including additional non-Federal funds.
(D) Conditions
To receive a land purchase grant, a State shall agree—
(i) to ensure that any eligible land purchased is—
(I) conveyed in fee simple to the State; and
(II) free from mortgages or other liens at the time title is transferred;
(ii) to maintain ownership of the eligible land in perpetuity;
(iii) to pay (from funds other than grant dollars awarded) any costs associated with the purchase of eligible land under this section, including surveys and legal fees; and
(iv) to keep eligible land in a conserving use, as defined by the Secretary.
(E) Loss of Federal benefits
Eligible land purchased with a grant under this section shall lose eligibility for any benefits under other Federal programs, including—
(i) benefits under title XII of the Food Security Act of 1985 (
(ii) benefits under the Federal Crop Insurance Act (
(iii) covered benefits described in section 1001D(b) of the Food Security Act of 1985 (
(F) Prohibition
Any Federal rights or benefits associated with eligible land prior to purchase by a State may not be transferred to any other land or person in anticipation of or as a result of such purchase.
(d) Water assistance
(1) In general
The Secretary of the Interior, acting through the Commissioner of Reclamation, may use the funds described in subsection (e)(2) to administer and provide financial assistance to carry out this subsection to provide water and assistance to a terminal lake described in subsection (a)(3)(B) through willing sellers or willing participants only—
(A) to lease water;
(B) to purchase land, water appurtenant to the land, and related interests; and
(C) to carry out research, support, and conservation activities for associated fish, wildlife, plant, and habitat resources.
(2) Exclusions
The Secretary of the Interior may not use this subsection to deliver assistance to the Great Salt Lake in Utah, lakes that are considered dry lakes, or other lakes that do not meet the purposes of this section, as determined by the Secretary of the Interior.
(3) Transitional provision
(A) In general
Notwithstanding any other provision of this section, any funds made available before February 7, 2014, under a provision of law described in subparagraph (B) shall remain available using the provisions of law (including regulations) in effect on the day before February 7, 2014.
(B) Described laws
The provisions of law described in this section are—
(i) section 2507 of the Farm Security and Rural Investment Act of 2002 (
(ii) section 207 of the Energy and Water Development Appropriations Act, 2003 (
(iii) section 208 of the Energy and Water Development Appropriations Act, 2006 (
(iv) section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (
(e) Funding
(1) Commodity Credit Corporation
As soon as practicable after February 7, 2014, the Secretary shall transfer to the "Bureau of Reclamation—Water and Related Resources" account $150,000,000 from the funds of the Commodity Credit Corporation to carry out subsection (d), to remain available until expended.
(2) No additional funds
(A) In general
Nothing in this section authorizes any additional funds to carry out this section.
(B) Availability of funds
Any funds made available to carry out this section before December 20, 2018, may remain available until expended.
(f) Termination of authority
The authority provided by this section shall terminate on October 1, 2025.
(
Editorial Notes
References in Text
The Food Security Act of 1985, referred to in subsecs. (a)(1)(B)(i)(I) and (c)(2)(E)(i), is
The Federal Crop Insurance Act, referred to in subsec. (c)(2)(E)(ii), is subtitle A of title V of act Feb. 16, 1938, ch. 30,
Section 2507 of the Farm Security and Rural Investment Act of 2002 (
Section 207 of the Energy and Water Development Appropriations Act, 2003, referred to in subsec. (d)(3)(B)(ii), is section 207 of
Section 208 of the Energy and Water Development Appropriations Act, 2006, referred to in subsec. (d)(3)(B)(iii), is section 208 of
Section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010, referred to in subsec. (d)(3)(B)(iv), is section 208 of
Codification
Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of title XII of
Section was formerly set out as a note under
Amendments
2023—Subsec. (f).
2018—Subsec. (e).
Subsec. (f).
2014—
2011—Subsec. (b).
Subsec. (b)(2).
Subsec. (b)(3).
2009—Subsec. (b)(3).
2008—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Transfer of Funds
1 See References in Text note below.
SUBCHAPTER V—FUNDING AND ADMINISTRATION
Editorial Notes
Codification
Subtitle E of title XII of the Food Security Act, comprising this subchapter, was originally enacted by
§3841. Commodity Credit Corporation
(a) Annual funding
For each of fiscal years 2014 through 2031, 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
(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
(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 2031.
(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 each of fiscal years 2023 through 2031; 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 each of fiscal years 2023 through 2031.
(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 2031 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 (
(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
(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 for public-private partnerships
(1) Establishment of public-private partnership contributions accounts
The Secretary shall establish the necessary accounts and process to accept contributions of private funds for the purposes of addressing the changing climate, sequestering carbon, improving wildlife habitat, protecting sources of drinking water, and addressing other natural resource priorities identified by the Secretary.
(2) Deposit and use of contributions
Contributions of non-Federal funds received for a covered program shall be deposited into the 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.
(3) Secretarial authority
(A) In general
The Secretary may accept under this subsection contributions of such funds as the Secretary determines appropriate, taking into consideration—
(i) the source of the funds to be contributed;
(ii) the natural resource concerns to be addressed through the use of the funds;
(iii) the amount of funds to be contributed;
(iv) whether the activities proposed to be carried out using the funds are consistent with the priorities of the Secretary; and
(v) any other factors the Secretary determines to be relevant.
(B) Determination
A determination of whether to accept private funds under this subsection shall be at the sole discretion of the Secretary.
(4) Match of contributed funds
(A) In general
Subject to subparagraph (B), the Secretary may provide matching Federal funds, and determine the level of such match, which shall not exceed 75 percent, for the private funds contributed under this subsection, subject to the availability of funding for the applicable covered program.
(B) Distribution of Federal funding for States
The Secretary may not provide any matching Federal funds pursuant to subparagraph (A) in a manner that would result in a substantial reduction in the historical distribution of Federal funding to any State for any covered program.
(C) Limitation
No funds made available pursuant to
(5) Role of contributing entity
An entity contributing funds under this subsection may—
(A) designate the covered program for which the contributed funds are intended to be used;
(B) specify the geographic area in which the contributed funds are intended to be used;
(C) identify a natural resource concern the contributed funds are intended to be used to address;
(D) with respect to an activity funded pursuant to this subsection that may result in environmental services benefits to be sold through an environmental services market, subject to the approval of the Secretary, prescribe the terms for ownership of the entity's share of such environmental services benefits resulting from such activity; and
(E) work with the Secretary to promote the activities funded pursuant to this subsection.
(6) Producer participation
(A) Notification
The Secretary shall establish a process to provide notice to producers—
(i) of activities that may be carried out, through a covered program, pursuant to this section; and
(ii) any 1 terms prescribed by the contributing entity under paragraph (5)(D) with respect to such activities.
(B) Retention of environmental services benefits
The Secretary shall not claim or impede any action of a producer with respect to the environmental services benefits they accrue through activities funded pursuant to this subsection.
(7) Consistency with program requirements
(A) In general
Except as provided in subparagraph (B), the Secretary shall ensure that the terms and conditions of activities carried out using funds contributed under this subsection are consistent with the requirements of the applicable covered program.
(B) Adjustments
(i) In general
The Secretary may, if the Secretary determines necessary, adjust a regulatory requirement of a covered program, or related guidance, as it applies to an activity carried out using funds contributed under this subsection—
(I) to provide a simplified process; or
(II) to better reflect unique local circumstances and to address a specific priority of the contributing entity.
(ii) Limitation
The Secretary shall not adjust the application of statutory requirements for a covered program, including requirements governing appeals, payment limits, and conservation compliance.
(8) Report
Not later than December 31, 2024, and each year thereafter through December 31, 2031, 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 contains—
(A) the name and a description of each entity contributing private funds under this subsection that took an action under paragraph (5), and a description of each such action;
(B) the name and a description of each entity contributing private funds under this subsection for which the Secretary has provided matching Federal funds, and the level of that match, including the amount of such matching Federal funds; and
(C) the total amounts of—
(i) private funds contributed under this subsection; and
(ii) matching Federal funds provided by the Secretary under paragraph (4).
(9) Covered program defined
In this subsection, the term "covered program" means a program carried out by the Secretary under—
(A) subchapter IV (except for subpart B of such subchapter),2 subchapter VII, or subchapter VIII;
(B)
(C) title V of the Healthy Forests Restoration Act of 2003 (
(D) the Watershed Protection and Flood Prevention Act (
(10) Duration of authority
The authority of the Secretary under this subsection shall expire, with respect to each covered program, on the date on which the authority of the covered program expires.
(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
(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 2031
Of the funds made available for each of fiscal years 2019 through 2031 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 2031, 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) 2 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
(C) waivers granted by the Secretary under
(D) exceptions and activity associated with
(E) exceptions provided by the Secretary under
(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.
(
Editorial Notes
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
Part IV of subchapter IV, referred to in subsec. (a)(3), was in the original "
Section 2611 of the Agricultural Act of 2014, referred to in subsec. (c)(2), is section 2611 of
The Soil Conservation and Domestic Allotment Act, referred to in subsec. (c)(2)(A), is act Apr. 27, 1935, ch. 85,
Subchapter IV (except for subpart B of such subchapter), referred to in subsec. (f)(9)(A), was in the original "subtitle D (except for subchapter B of such subtitle)". Subtitle D of title XII of
The Healthy Forests Restoration Act of 2003, referred to in subsec. (f)(9)(C), is
The Watershed Protection and Flood Prevention Act, referred to in subsec. (f)(9)(D), is act Aug. 4, 1954, ch. 656,
Codification
Section 2701 of
Prior Provisions
A prior section 3841,
Another prior section 3841,
Amendments
2022—Subsec. (a).
Subsec. (a)(2)(F).
Subsec. (a)(3)(A)(v), (B)(v).
Subsec. (b).
Subsec. (f).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(3) to (10).
Subsec. (h).
Subsec. (h)(1)(B).
2018—Subsec. (a).
Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(2)(F).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
"(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).
Subsec. (b).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (h)(3).
Subsec. (h)(4).
Subsec. (i).
Subsec. (j).
2014—Subsec. (a).
Subsec. (a)(6)(F).
Subsec. (b).
Subsec. (c).
"(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."
Subsec. (d).
Subsec. (e).
"(1)
"(2)
Subsecs. (f) to (h).
Subsec. (h)(1).
Subsec. (h)(4).
Subsec. (i).
Subsec. (i)(1).
Subsec. (i)(2).
Subsec. (i)(3).
Subsec. (i)(4).
Subsec. (i)(5), (6).
2011—Subsec. (a).
Subsec. (a)(4)(E).
Subsec. (a)(6)(E).
Subsec. (a)(7)(D).
2008—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3).
"(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).
"(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).
Subsec. (a)(6).
"(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).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
2006—Subsec. (a)(3).
Subsec. (a)(6)(E), (F).
2004—Subsec. (a)(3).
Subsec. (b).
2003—Subsec. (a)(3).
Subsec. (b).
"(1)
"(2)
Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Effective Date of 2004 Amendment
Effective Date of 2003 Amendment
1 So in original. Probably should be preceded by "of".
2 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
(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
(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
(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
(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
(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.
(
Editorial Notes
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
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
Codification
Section 2701 of
Prior Provisions
A prior section 3842,
Another prior section 3842,
Amendments
2018—Subsec. (a).
Subsec. (e)(3)(B).
Subsec. (e)(4), (5).
Subsec. (f)(4).
Subsec. (h)(1)(A).
Subsec. (h)(1)(D).
Subsec. (h)(2).
Subsec. (h)(3), (4).
2014—Subsec. (i).
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3843. Repealed. Pub. L. 113–79, title II, §2710(a), Feb. 7, 2014, 128 Stat. 770
Section,
A prior section 3843,
Statutory Notes and Related Subsidiaries
Repeal; Transitional Provisions
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
§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
(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
(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
(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
(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
(B) Easements
Not more than 15 percent of the cropland in a county may be subject to a wetland reserve easement under
(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
(3) Waiver to exclude certain acreage
The Secretary may grant a waiver to exclude acreage enrolled under
(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
(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
(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
(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 (
(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
(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 2031, 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
(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.
(
Editorial Notes
References in Text
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
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
This Act, referred to in subsec. (l)(1), is
The Agricultural Act of 1949, referred to in subsec. (l)(2), is act Oct. 31, 1949, ch. 792,
The Agricultural Act of 2014, referred to in subsec. (l)(3), is
Codification
The text of
Prior Provisions
A prior section 3844,
Amendments
2022—Subsec. (n)(3)(A).
2018—Subsec. (b)(4)(B).
Subsec. (c)(3).
Subsec. (f)(1)(B).
Subsec. (f)(3).
Subsec. (f)(5).
Subsecs. (j), (k).
Subsec. (l).
Subsec. (m).
Subsec. (n).
Subsec. (o).
Subsec. (p).
2014—Subsec. (a)(2)(E).
Subsec. (c)(1).
Subsec. (c)(2), (3).
Subsec. (d).
Subsec. (f)(1)(A).
Subsec. (f)(1)(B).
Subsec. (f)(3).
Subsec. (f)(4).
Subsec. (f)(5).
Subsec. (h)(2).
Subsecs. (j) to (l).
2008—Subsec. (a).
"(1) foster new farming and ranching opportunities; and
"(2) enhance environmental stewardship over the long term."
Subsecs. (c) to (e).
Subsecs. (f) to (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
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.
(
Editorial Notes
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
Codification
Prior Provisions
A prior section 3845,
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this section and repeal of
§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
(b) Rulemaking procedure
The promulgation of regulations and administration of programs under this chapter—
(1) shall be carried out without regard to
(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
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this title", meaning title XII of
Prior Provisions
A prior section 3846,
§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.
(
Editorial Notes
Prior Provisions
A prior section 3847,
SUBCHAPTER V–A—OTHER CONSERVATION PROGRAMS
§3851. Experienced services program
(a) Establishment and purpose
The Secretary shall establish an experienced services program (referred to in this section as the "program") for the purpose of utilizing the talents of individuals who are age 55 or older, but who are not employees of the Department of Agriculture or a State agriculture department, to provide—
(1) technical services in support of the conservation-related programs and authorities carried out by the Secretary, including conservation planning assistance, technical consultation, and assistance with design and implementation of conservation practices; and
(2) technical, professional, and administrative services to support the research, education, and economics mission area of the Department of Agriculture (including the Agricultural Research Service, the Economic Research Service, the National Agricultural Library, the National Agricultural Statistics Service, the Office of the Chief Scientist, and the National Institute of Food and Agriculture), including—
(A) supporting agricultural research and information;
(B) advancing scientific knowledge relating to agriculture;
(C) enhancing access to agricultural information;
(D) providing statistical information and research results to farmers, ranchers, agribusiness, and public officials; and
(E) assisting research, education, and extension programs in land-grant colleges and universities (as defined in
(b) Program agreements
(1) Relation to older American community service employment program
Notwithstanding any other provision of law relating to Federal grants, cooperative agreements, or contracts, to carry out the program during a fiscal year, the Secretary may enter into agreements with nonprofit private agencies and organizations eligible to receive grants for that fiscal year under the Community Service Senior Opportunities Act (
(2) Required determination
Before entering into an agreement under paragraph (1), the Secretary shall ensure that the agreement would not—
(A) result in the displacement of individuals employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits;
(B) result in the use of an individual under the program for a job or function in a case in which a Federal employee is in a layoff status from the same or a substantially-equivalent job or function with the Department; or
(C) affect existing contracts for services.
(c) Funding source
(1) Conservation technical services
Except as provided in paragraph (2), with respect to subsection (a)(1), the Secretary may carry out the program using funds made available to carry out each program under this chapter.
(2) Exclusion
Funds made available to carry out the conservation reserve program may not be used to carry out the program.
(3) Research, education, and economics services
With respect to services referred to in subsection (a)(2), the Secretary may carry out the program under the mission area referred to in such subsection to the extent that funds are specifically appropriated to provide such services under such mission area.
(d) Liability
An individual providing technical, professional, or administrative services, as applicable, under the program is deemed to be an employee of the United States Government for purposes of
(1) is providing technical, professional, or administrative services, as applicable, pursuant to an agreement entered into under subsection (b); and
(2) is acting within the scope of the agreement.
(
Editorial Notes
References in Text
The Community Service Senior Opportunities Act, referred to in subsec. (b)(1), is title V of
This chapter, referred to in subsec. (c)(1), was in the original "this title", meaning title XII of
Codification
Prior Provisions
A prior section 1252 of
Amendments
2018—
Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (d).
2014—Subsec. (c)(2).
"(A) The conservation reserve program.
"(B) The wetlands reserve program.
"(C) The grassland reserve program.
"(D) The conservation stewardship program."
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this section and repeal of
§3851a. Forest Service participation in ACES Program
(a) In general
The Secretary, acting through the Chief of the Forest Service, may use funds derived from conservation-related programs executed on National Forest System land to utilize the Agriculture Conservation Experienced Services Program established pursuant to
(b) Termination of effectiveness
The authority provided to the Secretary to carry out this section terminates effective October 1, 2023.
(
Editorial Notes
Codification
Section was enacted as part of the Agricultural Act of 2014, and not as part of title XII of
Amendments
2018—
Statutory Notes and Related Subsidiaries
Definition of "Secretary"
"Secretary" as meaning the Secretary of Agriculture, see
SUBCHAPTER VI—STATE TECHNICAL COMMITTEES
§3861. Establishment of State technical committees
(a) Establishment
The Secretary shall establish a technical committee in each State to assist the Secretary in the considerations relating to implementation and technical aspects of the conservation programs under this chapter.
(b) Standards
The Secretary shall review and update as necessary—
(1) standard operating procedures to standardize the operations of State technical committees; and
(2) standards to be used by State technical committees in the development of technical guidelines for the implementation of the conservation provisions of this chapter.
(c) Composition
Each State technical committee shall be composed of agricultural producers and other professionals that represent a variety of disciplines in the soil, water, wetland, and wildlife sciences. The technical committee for a State shall include representatives from among the following:
(1) The Natural Resources Conservation Service.
(2) The Farm Service Agency.
(3) The Forest Service.
(4) The National Institute of Food and Agriculture.
(5) The State fish and wildlife agency.
(6) The State forester or equivalent State official.
(7) The State water resources agency.
(8) The State department of agriculture.
(9) The State association of soil and water conservation districts.
(10) Agricultural producers representing the variety of crops and livestock or poultry raised within the State.
(11) Owners of nonindustrial private forest land.
(12) Nonprofit organizations within the meaning of
(13) Agribusiness.
(14) The State Cooperative Extension Service and land grant university in the State.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b)(2), was in the original "this title", meaning title XII of
Codification
Amendments
2018—Subsec. (b)(2).
Subsec. (c)(14).
2014—Subsec. (b).
2008—
Subsec. (c)(4).
1996—Subsec. (c)(9) to (12).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Amendment by section 7511(c)(38) of
§3862. Responsibilities
(a) In general
Each State technical committee established under
(b) Public notice and attendance
Each State technical committee shall provide public notice of, and permit public attendance at, meetings considering issues of concern related to carrying out this chapter.
(c) Role
(1) In general
The role of State technical committees is advisory in nature, and such committees shall have no implementation or enforcement authority. However, the Secretary shall give strong consideration to the recommendations of such committees in administering the programs under this chapter.
(2) Advisory role in establishing program priorities and criteria
Each State technical committee shall advise the Secretary in establishing priorities and criteria for the programs in this chapter, including the review of whether local working groups are addressing those priorities.
(d) Requirements of chapter 10 of title 5
(1) Exemption
Each State technical committee shall be exempt from
(2) Local working groups
For purposes of
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) to (c), was in the original "this title", meaning title XII of
Codification
Amendments
2022—Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
2008—
1996—Subsec. (a).
Subsec. (b)(1).
Subsec. (c)(7) to (9).
1994—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Public Notice and Comment for Revisions to Certain State Technical Guides
SUBCHAPTER VII—AGRICULTURAL CONSERVATION EASEMENT PROGRAM
§3865. Establishment and purposes
(a) Establishment
The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land.
(b) Purposes
The purposes of the program are to—
(1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 3837 1 of this title, the grassland reserve program established under section 3838n 1 of this title, and the farmland protection program established under section 3838i 1 of this title, as such sections were in effect on the day before February 7, 2014;
(2) restore, protect, and enhance wetlands on eligible land;
(3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values; and
(4) protect grazing uses and related conservation values by restoring or conserving eligible land.
(
Editorial Notes
References in Text
Amendments
2018—Subsec. (b)(3).
Subsec. (b)(4).
1 See References in Text note below.
§3865a. Definitions
In this subchapter:
(1) Agricultural land easement
The term "agricultural land easement" means an easement or other interest in eligible land that—
(A) is conveyed for the purpose of protecting natural resources and the agricultural nature of the land; and
(B) permits the landowner the right to continue agricultural production and related uses.
(2) Buy-protect-sell transaction
(A) In general
The term "buy-protect-sell transaction" means a legal arrangement—
(i) between an eligible entity and the Secretary relating to land that an eligible entity owns or is going to purchase prior to acquisition of an agricultural land easement;
(ii) under which the eligible entity certifies to the Secretary that the eligible entity shall—
(I)(aa) hold an agricultural land easement on that land, but transfer ownership of the land to a farmer or rancher that is not an eligible entity prior to or on acquisition of the agricultural land easement; or
(bb) hold an agricultural land easement on that land, but transfer ownership of the land to a farmer or rancher that is not an eligible entity in a timely manner and, subject to subparagraph (B), not later than 3 years after the date of acquisition of the agricultural land easement; and
(II) make an initial sale of the land subject to the agricultural land easement to a farmer or rancher at not more than agricultural value, plus any reasonable holding and transaction costs incurred by the eligible entity, as determined by the Secretary; and
(iii) under which the Secretary shall be reimbursed for the entirety of the Federal share of the cost of the agricultural land easement by the eligible entity if the eligible entity fails to transfer ownership under item (aa) or (bb), as applicable, of clause (ii)(I).
(B) Time extension
Under subparagraph (A)(ii)(I)(bb), an eligible entity may transfer land later than 3 years after the date of acquisition of the agricultural land easement if the Secretary determines an extension of time is justified.
(3) Eligible entity
The term "eligible entity" means—
(A) an agency of State or local government or an Indian tribe (including a farmland protection board or land resource council established under State law); or
(B) an organization that is—
(i) organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of
(ii) an organization described in
(iii) described in—
(I) paragraph (1) or (2) of
(II)
(4) Eligible land
The term "eligible land" means private or tribal land that is—
(A) in the case of an agricultural land easement, agricultural land, including land on a farm or ranch—
(i) that is subject to—
(I) a pending offer for purchase of an agricultural land easement from an eligible entity; or
(II) a buy-protect-sell transaction;
(ii)(I) that has prime, unique, or other productive soil;
(II) that contains historical or archaeological resources;
(III) the enrollment of which would protect grazing uses and related conservation values by restoring and conserving land; or
(IV) the protection of which will further a State or local policy consistent with the purposes of the program; and
(iii) that is—
(I) cropland;
(II) rangeland;
(III) grassland or land that contains forbs, or shrubland for which grazing is the predominant use;
(IV) located in an area that has been historically dominated by grassland, forbs, or shrubs and could provide habitat for animal or plant populations of significant ecological value;
(V) pastureland; or
(VI) nonindustrial private forest land that contributes to the economic viability of an offered parcel or serves as a buffer to protect such land from development;
(B) in the case of a wetland reserve easement, a wetland or related area, including—
(i) farmed or converted wetlands, together with adjacent land that is functionally dependent on that land, if the Secretary determines it—
(I) is likely to be successfully restored in a cost-effective manner; and
(II) will maximize the wildlife benefits and wetland functions and values;
(ii) cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of—
(I) a closed basin lake and adjacent land that is functionally dependent upon it, if the State or other entity is willing to provide 50 percent share of the cost of an easement; or
(II) a pothole and adjacent land that is functionally dependent on it;
(iii) farmed wetlands and adjoining lands that—
(I) are enrolled in the conservation reserve program;
(II) have the highest wetland functions and values, as determined by the Secretary; and
(III) are likely to return to production after they leave the conservation reserve program;
(iv) riparian areas that link wetlands that are protected by easements or some other device that achieves the same purpose as an easement; or
(v) other wetlands of an owner that would not otherwise be eligible, if the Secretary determines that the inclusion of such wetlands in a wetland reserve easement would significantly add to the functional value of the easement; or
(C) in the case of either an agricultural land easement or a wetland reserve easement, other land that is incidental to land described in subparagraph (A) or (B), if the Secretary determines that it is necessary for the efficient administration of an easement under the program.
(5) Monitoring report
The term "monitoring report" means a report, the contents of which are formulated and prepared by the holder of an agricultural land easement, that accurately documents whether the land subject to the agricultural land easement is in compliance with the terms and conditions of the agricultural land easement.
(6) Program
The term "program" means the agricultural conservation easement program established by this subchapter.
(7) Wetland reserve easement
The term "wetland reserve easement" means a reserved interest in eligible land that—
(A) is defined and delineated in a deed; and
(B) stipulates—
(i) the rights, title, and interests in land conveyed to the Secretary; and
(ii) the rights, title, and interests in land that are reserved to the landowner.
(
Editorial Notes
Amendments
2018—Par. (1)(B).
Pars. (2), (3).
Par. (4).
Par. (4)(A)(i).
Par. (4)(B)(i)(II).
Par. (5).
Pars. (6), (7).
§3865b. Agricultural land easements
(a) Availability of assistance
The Secretary shall facilitate and provide funding for—
(1) the purchase by eligible entities of agricultural land easements in eligible land;
(2) technical assistance to implement the program, including technical assistance for the development of a conservation plan under subsection (b)(4)(C)(iv); and
(3) buy-protect-sell transactions.
(b) Cost-share assistance
(1) In general
The Secretary shall protect the agricultural use, including grazing, and related conservation values of eligible land through cost-share assistance to eligible entities for purchasing agricultural land easements.
(2) Scope of assistance available
(A) Federal share
An agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 50 percent of the fair market value of the agricultural land easement, as determined by the Secretary using—
(i) the Uniform Standards of Professional Appraisal Practice;
(ii) an areawide market analysis or survey; or
(iii) another industry-approved method.
(B) Non-federal share
(i) In general
Under the agreement, the eligible entity shall provide a share that is at least equivalent to that provided by the Secretary.
(ii) Grasslands exception
In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement.
(iii) Permissible forms
The non-Federal share provided by an eligible entity under this subparagraph may comprise—
(I) cash resources;
(II) a charitable donation or qualified conservation contribution (as defined in
(III) costs associated with securing a deed to the agricultural land easement, including the cost of appraisal, survey, inspection, and title; and
(IV) other costs, as determined by the Secretary.
(3) Evaluation and ranking of applications
(A) Criteria
The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program.
(B) Considerations
In establishing the criteria, the Secretary shall emphasize support for—
(i) protecting agricultural uses and related conservation values of the land; and
(ii) maximizing the protection of areas devoted to agricultural use.
(C) Accounting for geographic differences
The Secretary may adjust the criteria established under subparagraph (A) to account for geographic differences, if the adjustments—
(i) meet the purposes of the program; and
(ii) continue to maximize the benefit of the Federal investment under the program.
(D) Priority
In evaluating applications under the program, the Secretary may give priority to an application for the purchase of an agricultural land easement that, as determined by the Secretary, maintains agricultural viability.
(E) Bidding down
If the Secretary determines that 2 or more applications for cost-share assistance are comparable in achieving the purpose of the program, the Secretary shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the program.
(4) Agreements with eligible entities
(A) In general
The Secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this section.
(B) Length of agreements
An agreement shall be for a term that is—
(i) in the case of an eligible entity certified under the process described in paragraph (5), a minimum of five years; and
(ii) for all other eligible entities, at least three, but not more than five years.
(C) Minimum terms and conditions
An eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions—
(i) are consistent with the purposes of the program;
(ii) permit effective enforcement of the conservation purposes of such easements;
(iii) include a right of enforcement for the Secretary that—
(I) may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and
(II) does not extend to a right of inspection unless—
(aa)(AA) the holder of the easement fails to provide monitoring reports in a timely manner; or
(BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and
(bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection;
(iv) include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and
(v) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted.
(D) Additional permitted terms and conditions
An eligible entity may include terms and conditions for an agricultural land easement that—
(i) are intended to keep the land subject to the agricultural land easement under the ownership of a farmer or rancher, as determined by the Secretary;
(ii) allow subsurface mineral development on the land subject to the agricultural land easement and in accordance with applicable State law if, as determined by the Secretary—
(I) the subsurface mineral development—
(aa) has a limited and localized impact;
(bb) does not harm the agricultural use and conservation values of the land subject to the easement;
(cc) does not materially alter or affect the existing topography;
(dd) shall comply with a subsurface mineral development plan that—
(AA) includes a plan for the remediation of impacts to the agricultural use and conservation values of the land subject to the easement; and
(BB) is approved by the Secretary prior to the initiation of mineral development activity;
(ee) is not accomplished by any surface mining method;
(ff) is within the impervious surface limits of the easement under subparagraph (C)(v); and
(gg) uses practices and technologies that minimize the duration and intensity of impacts to the agricultural use and conservation values of the land subject to the easement; and
(II) each area impacted by the subsurface mineral development shall be reclaimed and restored by the holder of the mineral rights at cessation of operation; and
(iii) include other relevant activities relating to the agricultural land easement, as determined by the Secretary.
(E) Substitution of qualified projects
An agreement shall allow, upon mutual agreement of the parties, substitution of qualified projects that are identified at the time of the proposed substitution.
(F) Effect of violation
If a violation occurs of a term or condition of an agreement under this subsection—
(i) the Secretary may terminate the agreement; and
(ii) the Secretary may require the eligible entity to refund all or part of any payments received by the entity under the program, with interest on the payments as determined appropriate by the Secretary.
(5) Certification of eligible entities
(A) Certification process
The Secretary shall establish a process under which the Secretary may—
(i) directly certify eligible entities that meet established criteria;
(ii) enter into long-term agreements with certified eligible entities;
(iii) accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements; and
(iv) allow a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program.
(B) Certification criteria
In order to be certified, an eligible entity shall demonstrate to the Secretary that the eligible entity—
(i) will maintain, at a minimum, for the duration of the agreement—
(I) a plan for administering easements that is consistent with the purpose of the program;
(II) the capacity and resources to monitor and enforce agricultural land easements; and
(III) policies and procedures to ensure—
(aa) the long-term integrity of agricultural land easements on eligible land;
(bb) timely completion of acquisitions of such easements; and
(cc) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program;
(ii) has—
(I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body, as determined by the Secretary;
(II) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
(III) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program; or
(iii) is a State department of agriculture or other State agency with statutory authority for farm and ranchland protection that has—
(I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and
(II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.
(C) Review and revision
(i) Review
The Secretary shall conduct a review of eligible entities certified under subparagraph (A) every three years to ensure that such entities are meeting the criteria established under subparagraph (B).
(ii) Revocation
If the Secretary finds that a certified eligible entity no longer meets the criteria established under subparagraph (B), the Secretary may—
(I) allow the certified eligible entity a specified period of time, at a minimum 180 days, in which to take such actions as may be necessary to meet the criteria; and
(II) revoke the certification of the eligible entity, if, after the specified period of time, the certified eligible entity does not meet such criteria.
(c) Method of enrollment
The Secretary shall enroll eligible land under this section through the use of—
(1) permanent easements; or
(2) easements for the maximum duration allowed under applicable State laws.
(d) Technical assistance
The Secretary may provide technical assistance, if requested, to assist in compliance with the terms and conditions of easements.
(
Editorial Notes
Amendments
2018—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b)(2)(B)(ii), (iii).
Subsec. (b)(2)(C).
Subsec. (b)(3)(C) to (E).
Subsec. (b)(4)(C)(iii), (iv).
"(iii) include a right of enforcement for the Secretary, that may be used only if the terms of the easement are not enforced by the holder of the easement;
"(iv) subject the land in which an interest is purchased to an agricultural land easement plan that—
"(I) describes the activities which promote the long-term viability of the land to meet the purposes for which the easement was acquired;
"(II) requires the management of grasslands according to a grasslands management plan; and
"(III) includes a conservation plan, where appropriate, and requires, at the option of the Secretary, the conversion of highly erodible cropland to less intensive uses; and".
Subsec. (b)(4)(D) to (F).
Subsec. (b)(5)(A)(iv).
Subsec. (b)(5)(B).
Subsec. (d).
"(1) compliance with the terms and conditions of easements; and
"(2) implementation of an agricultural land easement plan."
§3865c. Wetland reserve easements
(a) Availability of assistance
The Secretary shall provide assistance to owners of eligible land to restore, protect, and enhance wetlands through—
(1) wetland reserve easements and related wetland reserve easement plans; and
(2) technical assistance.
(b) Easements
(1) Method of enrollment
The Secretary shall enroll eligible land under this section through the use of—
(A) 30-year easements;
(B) permanent easements;
(C) easements for the maximum duration allowed under applicable State laws; or
(D) as an option for Indian tribes only, 30-year contracts.
(2) Limitations
(A) Ineligible land
The Secretary may not acquire easements on—
(i) land established to trees under the conservation reserve program, except in cases where the Secretary determines it would further the purposes of this section; and
(ii) farmed wetlands or converted wetlands where the conversion was not commenced prior to December 23, 1985.
(B) Changes in ownership
No wetland reserve easement shall be created on land that has changed ownership during the preceding 24-month period unless—
(i) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(ii)(I) the ownership change occurred because of foreclosure on the land; and
(II) immediately before the foreclosure, the owner of the land exercises a right of redemption from the mortgage holder in accordance with State law; or
(iii) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program.
(3) Evaluation and ranking of offers
(A) Criteria
The Secretary shall establish evaluation and ranking criteria for offers from landowners under this section to maximize the benefit of Federal investment under the program.
(B) Considerations
When evaluating offers from landowners, the Secretary may consider—
(i) the conservation benefits of obtaining a wetland reserve easement, including the potential environmental benefits if the land was removed from agricultural production;
(ii) the cost effectiveness of each wetland reserve easement, so as to maximize the environmental benefits per dollar expended;
(iii) whether the landowner or another person is offering to contribute financially to the cost of the wetland reserve easement to leverage Federal funds; and
(iv) such other factors as the Secretary determines are necessary to carry out the purposes of the program.
(C) Priority
The Secretary shall give priority to acquiring wetland reserve easements based on the value of the wetland reserve easement for protecting and enhancing habitat for migratory birds and other wildlife or improving water quality.
(4) Agreement
To be eligible to place eligible land into the program through a wetland reserve easement, the owner of such land shall enter into an agreement with the Secretary to—
(A) grant an easement on such land to the Secretary;
(B) authorize the implementation of a wetland reserve easement plan developed for the eligible land under subsection (f);
(C) create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to;
(D) provide a written statement of consent to such easement signed by those holding a security interest in the land;
(E) comply with the terms and conditions of the easement and any related agreements; and
(F) permanently retire any existing base history for the land on which the easement has been obtained.
(5) Terms and conditions of easement
(A) In general
A wetland reserve easement shall include terms and conditions that—
(i) permit—
(I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and
(II) owners to control public access on the easement areas while identifying access routes to be used for restoration activities and management and easement monitoring;
(ii) prohibit—
(I) the alteration of wildlife habitat and other natural features of such land, unless specifically authorized by the Secretary;
(II) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is authorized by the Secretary or is necessary—
(aa) to comply with Federal or State noxious weed control laws;
(bb) to comply with a Federal or State emergency pest treatment program; or
(cc) to meet habitat needs of specific wildlife species;
(III) any activities to be carried out on the owner's or successor's land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and
(IV) the adoption of any other practice that would tend to defeat the purposes of the program, as determined by the Secretary;
(iii) provide for the efficient and effective establishment of wetland functions and values; and
(iv) include such additional provisions as the Secretary determines are desirable to carry out the program or facilitate the practical administration thereof.
(B) Violation
On the violation of a term or condition of a wetland reserve easement, the wetland reserve easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under the program, with interest on the payments as determined appropriate by the Secretary.
(C) Compatible uses
(i) In general
Land subject to a wetland reserve easement may be used for compatible economic uses, including such activities as hunting and fishing, managed timber harvest, water management, or periodic haying or grazing, if such use is specifically permitted by the wetland reserve easement plan developed for the land under subsection (f) and is consistent with the long-term protection and enhancement of the wetland resources for which the easement was established.
(ii) Compatible use authorization
In evaluating and authorizing a compatible economic use under clause (i), the Secretary shall—
(I) request and consider the advice of the applicable State technical committee established under
(II) consider the ability of an authorized use to facilitate the practical administration and management of that land; and
(III) ensure that an authorized use furthers the functions and values for which the wetland reserve easement was established.
(D) Reservation of grazing rights
The Secretary may include in the terms and conditions of a wetland reserve easement a provision under which the owner reserves grazing rights if—
(i) the Secretary determines that the reservation and use of the grazing rights—
(I) is compatible with the land subject to the easement;
(II) is consistent with the historical natural uses of the land and the long-term protection and enhancement goals for which the easement was established; and
(III) complies with the wetland reserve easement plan developed for the land under subsection (f) or a grazing management plan that is consistent with the wetland reserve easement plan and has been reviewed, and modified as necessary, at least every 5 years; and
(ii) the agreement provides for a commensurate reduction in the easement payment to account for the grazing value, as determined by the Secretary.
(6) Compensation
(A) Determination
(i) Permanent easements
The Secretary shall pay as compensation for a permanent wetland reserve easement acquired under the program an amount necessary to encourage enrollment in the program, based on the lowest of—
(I) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practice or an areawide market analysis or survey;
(II) the amount corresponding to a geographical cap, as determined by the Secretary in regulations; or
(III) the offer made by the landowner.
(ii) Other
Compensation for a 30-year contract or 30-year wetland reserve easement shall be not less than 50 percent, but not more than 75 percent, of the compensation that would be paid for a permanent wetland reserve easement.
(B) Form of payment
Compensation for a wetland reserve easement shall be provided by the Secretary in the form of a cash payment, in an amount determined under subparagraph (A).
(C) Payment schedule
(i) Easements valued at $500,000 or less
For wetland reserve easements valued at $500,000 or less, the Secretary may provide payments in not more than 10 annual payments.
(ii) Easements valued at more than $500,000
For wetland reserve easements valued at more than $500,000, the Secretary may provide payments in at least 5, but not more than 10 annual payments, except that, if the Secretary determines it would further the purposes of the program, the Secretary may make a lump-sum payment for such an easement.
(c) Easement restoration
(1) In general
The Secretary shall provide financial assistance to owners of eligible land to carry out the establishment of conservation measures and practices and protect wetland functions and values, including necessary maintenance activities, as set forth in a wetland reserve easement plan developed for the eligible land under subsection (f).
(2) Payments
The Secretary shall—
(A) in the case of a permanent wetland reserve easement, pay an amount that is not less than 75 percent, but not more than 100 percent, of the eligible costs, as determined by the Secretary; and
(B) in the case of a 30-year contract or 30-year wetland reserve easement, pay an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs, as determined by the Secretary.
(d) Technical assistance
(1) In general
The Secretary shall assist owners in complying with the terms and conditions of a wetland reserve easement.
(2) Contracts or agreements
The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian tribe to carry out necessary restoration, enhancement, or maintenance of a wetland reserve easement if the Secretary determines that the contract or agreement will advance the purposes of the program.
(e) Wetland reserve enhancement option
The Secretary may enter into 1 or more agreements with a State (including a political subdivision or agency of a State), nongovernmental organization, or Indian tribe to carry out a special wetland reserve enhancement option that the Secretary determines would advance the purposes of program.
(f) Administration
(1) Wetland reserve easement plan
(A) In general
The Secretary shall develop a wetland reserve easement plan—
(i) for any eligible land subject to a wetland reserve easement; and
(ii) that restores, protects, enhances, manages, maintains, and monitors the eligible land subject to the wetland reserve easements acquired under this section.
(B) Practices and activities
A wetland reserve easement plan under subparagraph (A) shall include practices and activities, including repair or replacement, that are necessary to restore and maintain the enrolled land and the functions and values of the wetland subject to a wetland reserve easement.
(2) Alternative plant communities
The Secretary, in coordination with State technical committees established under
(A) substantially support or benefit migratory waterfowl or other wetland wildlife; or
(B) meet local resource concerns or needs (including as an element of a regional, State, or local wildlife initiative or plan).
(3) Delegation of easement administration
(A) In general
The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this section to other Federal or State agencies that have the appropriate authority, expertise, and resources necessary to carry out such delegated responsibilities, or to conservation organizations if the Secretary determines the organization has similar expertise and resources.
(B) Limitation
The Secretary shall not delegate any of the monitoring or enforcement responsibilities under this section to conservation organizations.
(4) Payments
(A) Timing of payments
The Secretary shall provide payment for obligations incurred by the Secretary under this section—
(i) with respect to any easement restoration obligation under subsection (c), as soon as possible after the obligation is incurred; and
(ii) with respect to any annual easement payment obligation incurred by the Secretary, as soon as possible after October 1 of each calendar year.
(B) Payments to others
If an owner who is entitled to a payment under this section dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person or entity who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.
(g) Application
The relevant provisions of this section shall also apply to a 30-year contract.
(
Editorial Notes
Amendments
2018—Subsec. (b)(3)(C).
Subsec. (b)(5)(C).
Subsec. (b)(5)(D)(i)(III).
Subsec. (f)(1).
Subsec. (f)(2) to (4).
§3865d. Administration
(a) Ineligible land
The Secretary may not use program funds for the purposes of acquiring an easement on—
(1) lands owned by an agency of the United States, other than land held in trust for Indian tribes;
(2) lands owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government;
(3) land subject to an easement or deed restriction which, as determined by the Secretary, provides similar protection as would be provided by enrollment in the program; or
(4) lands where the purposes of the program would be undermined due to on-site or off-site conditions, such as risk of hazardous substances, permitted or existing rights of way, infrastructure development, or adjacent land uses.
(b) Priority
In evaluating applications under the program, the Secretary may give priority to land that is currently enrolled in the conservation reserve program in a contract that is set to expire within 1 year and—
(1) in the case of an agricultural land easement, is grassland that would benefit from protection under a long-term easement; and
(2) in the case of a wetland reserve easement, is a wetland or related area with the highest wetland functions and value and is likely to return to production after the land leaves the conservation reserve program.
(c) Subordination, exchange, modification, and termination
(1) Subordination
The Secretary may subordinate any interest in land, or portion of such interest, administered by the Secretary (including for the purposes of utilities and energy transmission services) either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that the subordination—
(A) increases conservation values or has a limited negative effect on conservation values;
(B) minimally affects the acreage subject to the interest in land; and
(C) is in the public interest or furthers the practical administration of the program.
(2) Modification and exchange
(A) Authority
The Secretary may approve a modification or exchange of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—
(i) no reasonable alternative exists and the effect on the interest in land is avoided or minimized to the extent practicable; and
(ii) the modification or exchange—
(I) results in equal or increased conservation values;
(II) results in equal or greater economic value to the United States;
(III) is consistent with the original intent of the easement;
(IV) is consistent with the purposes of the program; and
(V) is in the public interest or furthers the practical administration of the program.
(B) Limitation
In modifying or exchanging an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity.
(3) Termination
The Secretary may approve a termination of any interest in land, or portion of such interest, administered by the Secretary, directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that—
(A) termination is in the interest of the Federal Government;
(B) the United States will be fully compensated for—
(i) the fair market value of the interest in land;
(ii) any costs relating to the termination; and
(iii) any damages determined appropriate by the Secretary; and
(C) the termination will—
(i) address a compelling public need for which there is no practicable alternative even with avoidance and minimization; and
(ii) further the practical administration of the program.
(4) Consent
The Secretary shall obtain consent from the landowner and eligible entity, if applicable, for any subordination, exchange, modification, or termination of interest in land, or portion of such interest, under this subsection.
(5) Notice
At least 90 days before taking any termination action described in paragraph (3), the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(d) Land enrolled in other programs
(1) Conservation reserve program
The Secretary may terminate or modify a contract entered into under
(2) Other
In accordance with the provisions of subtitle H of title II of the Agricultural Act of 2014, land enrolled in the wetlands reserve program, grassland reserve program, or farmland protection program on the day before February 7, 2014, shall be considered enrolled in the program.
(3) Agricultural land easements
A farmer or rancher who owns eligible land subject to an agricultural land easement may enter into a contract under subpart B of part I of subchapter IV.
(e) Compliance with certain requirements
The Secretary may not provide assistance under this subchapter to an eligible entity or owner of eligible land unless the eligible entity or owner agrees, during the crop year for which the assistance is provided—
(1) to comply with applicable conservation requirements under subchapter II; and
(2) to comply with applicable wetland protection requirements under subchapter III.
(
Editorial Notes
References in Text
The Agricultural Act of 2014, referred to in subsec. (d)(2), is
Amendments
2018—Subsec. (a)(4).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(3).
SUBCHAPTER VIII—REGIONAL CONSERVATION PARTNERSHIP PROGRAM
§3871. Establishment and purposes
(a) Establishment
The Secretary shall establish a regional conservation partnership program to implement eligible activities on eligible land through—
(1) partnership agreements, including partnership agreements funded through alternative funding arrangements or grant agreements under
(2) program contracts with producers.
(b) Purposes
The purposes of the program are as follows:
(1) To carry out eligible activities to accomplish purposes and functions similar to those of the following programs, as in effect on the day before February 7, 2014:
(A) The agricultural water enhancement program established under section 3839aa–9 1 of this title.
(B) The Chesapeake Bay watershed program established under section 3839bb–4 1 of this title.
(C) The cooperative conservation partnership initiative established under section 3843 1 of this title.
(D) The Great Lakes basin program for soil erosion and sediment control established under section 3839bb–3 1 of this title.
(2) To further the conservation, protection, restoration, and sustainable use of soil, water (including sources of drinking water and groundwater), wildlife, agricultural land, and related natural resources on eligible land on a regional or watershed scale.
(3) To encourage eligible partners to cooperate with producers in—
(A) meeting or avoiding the need for national, State, and local natural resource regulatory requirements related to production on eligible land, including through alignment of partnership projects with other national, State, and local agencies and programs addressing similar natural resource or environmental concerns; and
(B) implementing projects that will result in the adoption, installation, and maintenance of eligible activities that affect multiple agricultural or nonindustrial private forest operations on a local, regional, State, or multistate basis.
(4) To encourage the flexible and streamlined delivery of conservation assistance to producers through partnership agreements.
(5) To engage producers and eligible partners in conservation projects to achieve greater conservation outcomes and benefits for producers than would otherwise be achieved.
(
Editorial Notes
References in Text
Amendments
2018—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3)(A).
Subsec. (b)(3)(B).
Subsec. (b)(4), (5).
1 See References in Text note below.
§3871a. Definitions
In this subchapter:
(1) Covered program
The term "covered program" means the following:
(A) The agricultural conservation easement program.
(B) The environmental quality incentives program.
(C) The conservation stewardship program, not including the grassland conservation initiative under
(D) The healthy forests reserve program established under
(E) The conservation reserve program established under subpart B of part I of subchapter IV.
(F) The programs established by the Secretary to carry out the Watershed Protection and Flood Prevention Act (
(2) Eligible activity
The term "eligible activity" means a practice, activity, agreement, easement, or related conservation measure that is available under the statutory authority for a covered program.
(3) Eligible land
The term "eligible land" means any agricultural or nonindustrial private forest land or associated land on which the Secretary determines an eligible activity would help achieve conservation benefits.
(4) Eligible partner
The term "eligible partner" means any of the following:
(A) An agricultural or silvicultural producer association or other group of producers.
(B) A State or unit of local government.
(C) An Indian tribe.
(D) A farmer cooperative.
(E) A water district, irrigation district, acequia, rural water district or association, or other organization with specific water delivery authority to producers on agricultural land.
(F) A municipal water or wastewater treatment entity.
(G) An institution of higher education.
(H) An organization or entity with an established history of working cooperatively with producers on agricultural land, as determined by the Secretary, to address—
(i) local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private forest land management; or
(ii) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues.
(I) An organization described in
(J) A conservation district.
(5) Partnership agreement
The term "partnership agreement" means the programmatic agreement entered into between the Secretary and an eligible partner, subject to the terms and conditions under
(6) Program
The term "program" means the regional conservation partnership program established by this subchapter.
(7) Program contract
(A) In general
The term "program contract" means the contract between the Secretary and a producer entered into under this subchapter.
(B) Exclusion
The term "program contract" does not include a contract under a covered program.
(
Editorial Notes
References in Text
The Watershed Protection and Flood Prevention Act, referred to in par. (1)(F), is act Aug. 4, 1954, ch. 656,
Amendments
2018—Par. (1)(C).
Par. (1)(E), (F).
Pars. (2), (3).
Par. (4)(E).
Par. (4)(I), (J).
Par. (5).
Par. (7).
§3871b. Regional conservation partnerships
(a) Partnership agreements authorized
The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity on eligible land.
(b) Length
(1) In general
A partnership agreement shall be—
(A) for a period not to exceed 5 years; or
(B) for a period that is longer than 5 years, if the longer period is necessary to meet the objectives of the program, as determined by the Secretary.
(2) Renewal
A partnership agreement may be renewed under subsection (e)(5) for a period not to exceed 5 years.
(3) Extension
A partnership agreement, or any renewal of a partnership agreement, may each be extended 1 time for a period not longer than 12 months, as determined by the Secretary.
(c) Duties of partners
(1) In general
Under a partnership agreement, the eligible partner shall—
(A) define the scope of a project, including—
(i) 1 or more conservation benefits that the project shall achieve;
(ii) the eligible activities on eligible land to be conducted under the project to achieve conservation benefits;
(iii) the implementation timeline for carrying out the project, including any interim milestones;
(iv) the local, State, multistate, or other geographic area covered; and
(v) the planning, outreach, implementation, and assessment to be conducted;
(B) conduct outreach and education to producers for potential participation in the project;
(C) at the request of a producer, act on behalf of a producer participating in the project in applying for assistance under
(D) leverage financial or technical assistance provided by the Secretary with additional contributions to help achieve the project objectives;
(E) conduct an assessment of—
(i) the progress made by the project in achieving each conservation benefit defined in the partnership agreement, including in a quantified form to the extent practicable; and
(ii) as appropriate, other outcomes of the project; and
(F) at the conclusion of the project, report to the Secretary on its results and funds leveraged.
(2) Contribution
(A) In general
An eligible partner shall provide a significant portion of the overall costs of the scope of the project that is the subject of the agreement entered into under subsection (a), as determined by the Secretary.
(B) Form
A contribution of an eligible partner under this paragraph may be in the form of—
(i) direct funding;
(ii) in-kind support; or
(iii) a combination of direct funding and in-kind support.
(C) Treatment
Any amounts expended during the period beginning on the date on which the Secretary announces the approval of an application under subsection (e) and ending on the day before the effective date of the partnership agreement by an eligible partner for staff salaries or development of the partnership agreement may be considered to be a part of the contribution of the eligible partner under this paragraph.
(d) Duties of Secretary
The Secretary shall—
(1) establish a timeline for carrying out the duties of the Secretary under a partnership agreement, including—
(A) entering into program contracts with producers;
(B) providing financial assistance to producers; and
(C) in the case of a partnership agreement that is funded through an alternative funding arrangement or grant agreement under
(2) identify in each State a program coordinator for the State, who shall be responsible for providing assistance to eligible partners under the program;
(3) establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E);
(4) provide to each eligible partner that has entered into a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under
(A) a semiannual report describing the status of each pending and obligated contract under the project of the eligible partner; and
(B) an annual report describing how the Secretary used amounts reserved by the Secretary for that year for technical assistance under section 3871d(f) 1 of this title; and
(5) ensure that any eligible activity effectively achieves the conservation benefits identified in the partnership agreement under subsection (c)(1)(A)(i).
(e) Applications
(1) Competitive process
The Secretary shall conduct a simplified competitive process to select applications for partnership agreements and may assess and rank applications with similar conservation purposes as a group.
(2) Criteria used
In carrying out the process described in paragraph (1), the Secretary shall make public the criteria used in evaluating applications.
(3) Contents
The Secretary shall develop a simplified application that includes a description of—
(A) the scope of the project, as described in subsection (c)(1)(A);
(B) the plan for monitoring, evaluating, and reporting on progress made toward achieving the project's objectives;
(C) the program resources requested for the project and estimated funding needed from the Secretary;
(D) each eligible partner collaborating to achieve project objectives, including their roles, responsibilities, capabilities, and contribution; and
(E) any other elements the Secretary considers necessary to adequately evaluate and competitively select applications for funding under the program.
(4) Priority to certain applications
The Secretary may give a higher priority to applications that—
(A) assist producers in meeting or avoiding the need for a natural resource regulatory requirement;
(B) have a high percentage of producers in the area to be covered by the agreement;
(C) significantly leverage non-Federal financial and technical resources and coordinate with other local, State, or national efforts;
(D) build new partnerships with local, State, and private entities to include a diversity of stakeholders in the project;
(E) deliver a high percentage of applied conservation—
(i) to achieve conservation benefits; or
(ii) in the case of a project in a critical conservation area under
(F) implement the project consistent with existing watershed, habitat, or other area restoration plans;
(G) provide innovation in conservation methods and delivery, including outcome-based performance measures and methods; or
(H) meet other factors that are important for achieving the purposes of the program, as determined by the Secretary.
(5) Renewals
If the Secretary determines that a project that is the subject of a partnership agreement has met or exceeded the objectives of the project, the Secretary may renew the partnership agreement through an expedited noncompetitive process if the 1 or more eligible partners that are parties to the partnership agreement request the renewal in order—
(A) to continue to implement the project under a renewal of the partnership agreement; or
(B) to expand the scope of the project under a renewal of the partnership agreement, as long as the expansion is within the objectives and purposes of the original partnership agreement.
(f) Nonapplicability of adjusted gross income limitation
The adjusted gross income limitation described in
(
Editorial Notes
Amendments
2018—Subsec. (b).
Subsec. (c)(1)(A).
"(i) the eligible activities to be implemented;
"(ii) the potential agricultural or nonindustrial private forest land operations affected;".
Subsec. (c)(1)(D).
Subsec. (c)(1)(E).
Subsec. (c)(2).
Subsecs. (d), (e).
Subsec. (e)(1).
Subsec. (e)(3).
Subsec. (e)(3)(C).
Subsec. (e)(3)(D).
Subsec. (e)(4)(D) to (H).
Subsec. (e)(5).
Subsec. (f).
1 So in original. Probably should be "section 3871d(e)".
§3871c. Assistance to producers
(a) In general
A producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary.
(b) Program contracts
(1) In general
The Secretary shall establish a program contract to be entered into with a producer to conduct eligible activities on eligible land, subject to such terms and conditions as the Secretary may establish.
(2) Application bundles
(A) In general
An eligible partner may submit to the Secretary, on behalf of producers, a bundle of applications for assistance under the program through program contracts to address a substantial portion of the conservation benefits to be achieved by the project, as defined in the partnership agreement.
(B) Priority
The Secretary may give priority to applications described in subparagraph (A).
(c) Payments
(1) In general
Subject to
(2) Payments to certain producers
The Secretary may provide payments for a period of 5 years—
(A) to producers participating in a project that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming; and
(B) to producers participating in a project that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management.
(3) Waiver authority
To assist in the implementation of the program, the Secretary may waive the applicability of the limitation in
(d) Funding through alternative funding arrangements or grant agreements
(1) In general
A partnership agreement entered into with an eligible partner may be funded through an alternative funding arrangement or grant in accordance with this subsection.
(2) Duties of the Secretary
The Secretary shall—
(A) under a funding agreement under paragraph (1)—
(i) use funding made available to carry out this subchapter to provide funding directly to the eligible partner; and
(ii) provide technical and administrative assistance, as mutually agreed by the parties; and
(B) enter into not more than 15 alternative funding arrangements or grant agreements with 1 or more eligible partners each fiscal year.
(3) Duties of eligible partners
Under a funding agreement under paragraph (1), the eligible partner shall—
(A) carry out eligible activities on eligible land in agreement with producers to achieve conservation benefits on a regional or watershed scale, such as—
(i) infrastructure investments relating to agricultural or nonindustrial private forest production that would—
(I) benefit multiple producers; and
(II) address natural resource concerns such as drought, wildfire, or water quality impairment on the land covered by the project;
(ii) projects addressing natural resources concerns in coordination with producers, including the development and implementation of watershed, habitat, or other area restoration plans;
(iii) projects that use innovative approaches to leveraging the Federal investment in conservation with private financial mechanisms, in conjunction with agricultural production or forest resource management, such as—
(I) the provision of performance-based payments to producers; and
(II) support for an environmental market; or
(iv) other projects for which the Secretary determines that the goals and objectives of the program would be easier to achieve through the funding agreement under paragraph (1); and
(B) submit to the Secretary, in addition to any information that the Secretary requires to prepare the report under
(i) the use of the funds awarded under paragraph (1);
(ii) any subcontracts awarded;
(iii) the producers receiving funding through the funding agreement under paragraph (1);
(iv)(I) the progress made by the project in addressing each natural resource concern defined in the funding agreement under paragraph (1), including in a quantified form to the extent practicable; and
(II) as appropriate, other outcomes of the project; and
(v) any other reporting data the Secretary determines are necessary to ensure compliance with the program rules.
(
Editorial Notes
Amendments
2018—Subsecs. (a), (b).
Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (d).
§3871d. Funding
(a) Availability of funds
The Secretary shall use $300,000,000 of the funds of the Commodity Credit Corporation for each of fiscal years 2019 through 2031 to carry out the program.
(b) Duration of availability
Funds made available under subsection (a) shall remain available until expended.
(c) Allocation of funding
Of the funds made available for the program under subsection (a), the Secretary shall allocate—
(1) 50 percent of the funds to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees established under subchapter VI; and
(2) 50 percent of the funds to projects for critical conservation areas designated under
(d) Limitation on administrative expenses
(1) In general
Except as provided in paragraph (2), none of the funds made available for the program, including for a partnership agreement funded through an alternative funding arrangement or grant agreement under
(2) Project development and outreach
Under a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under
(A) providing outreach and education to producers for potential participation in the project;
(B) establishing baseline metrics to support the development of the assessment required under
(C) providing technical assistance to producers.
(e) Technical assistance
(1) In general
At the time of project selection, the Secretary shall identify and make publicly available the amount that the Secretary shall use to provide technical assistance under the terms of the partnership agreement.
(2) Limitation
The Secretary shall limit costs of the Secretary for technical assistance to costs specific and necessary to carry out the objectives of the program.
(3) Third-party providers
The Secretary shall develop and implement strategies to encourage third-party technical service providers to provide technical assistance to eligible partners pursuant to a partnership agreement.
(
Editorial Notes
Amendments
2022—Subsec. (a).
2018—Subsec. (a).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2), (3).
Subsec. (d).
Subsec. (e).
§3871e. Administration
(a) Disclosure
In addition to the criteria used in evaluating applications as described in
(b) Reporting
Not later than December 31, 2019, and every two years thereafter, 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 on the status of projects funded under the program, including—
(1) a summary of—
(A) the progress made towards achieving the conservation benefits defined for the projects; and
(B) any other related outcomes of the projects;
(2) the number and types of eligible partners and producers participating in the partnership agreements selected;
(3) the number of producers receiving assistance;
(4) total funding committed to projects, including from Federal and non-Federal resources;
(5) a description of how the funds under
(A) any oversight mechanisms that the Secretary has implemented;
(B) the process through which the Secretary is resolving appeals by program participants; and
(C) the means by which the Secretary is tracking adherence to any applicable provisions for payment eligibility; and
(6) in the case of a project within a critical conservation area under
(A) the priority resource concerns for which each critical conservation area is designated;
(B) conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concerns;
(C) the partnership agreements selected to address each conservation goal and outcome; and
(D) the extent to which each conservation goal and outcome is being addressed by the partnership agreements.
(c) Compliance with certain requirements
The Secretary may not provide assistance under the program to a producer unless the producer agrees, during the program year for which the assistance is provided—
(1) to comply with applicable conservation requirements under subchapter II; and
(2) to comply with applicable wetland protection requirements under subchapter III.
(d) Historically underserved producers
To the maximum extent practicable, in carrying out the program, the Secretary and eligible partners shall conduct outreach to beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers to encourage participation by those producers in a project subject to a partnership agreement or funding agreement under 3871c(d) 1 of this title.
(e) Regulations
The Secretary shall issue regulations to carry out the program.
(
Editorial Notes
Amendments
2018—Subsec. (a).
Subsec. (b).
Subsec. (b)(1) to (3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsecs. (c) to (e).
1 So in original. Probably should be preceded by "section".
§3871f. Critical conservation areas
(a) Definitions
In this section:
(1) Critical conservation area
The term "critical conservation area" means a geographical area that contains a critical conservation condition that can be addressed through the program.
(2) Priority resource concern
The term "priority resource concern" means a natural resource concern located in a critical conservation area that can be addressed through—
(A) water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance;
(B) water quantity improvement, including improvement relating to—
(i) drought;
(ii) groundwater, surface water, aquifer, or other water sources; or
(iii) water retention and flood prevention;
(C) wildlife habitat restoration to address species of concern at a Federal, State, or local level; and
(D) other natural resource improvements, as determined by the Secretary, within the critical conservation area.
(b) Applications
In administering funds under
(c) Critical conservation area designations
(1) In general
The Secretary shall identify 1 or more priority resource concerns that apply to each critical conservation area designated under this section after February 7, 2014, including the conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concern.
(2) Priority
In designating critical conservation areas under this section, the Secretary shall give priority to geographical areas based on the degree to which the geographical area—
(A) includes multiple States with significant agricultural production;
(B) is covered by an existing regional, State, binational, or multistate agreement or plan that has established objectives, goals, and work plans and is adopted by a Federal, State, or regional authority;
(C) contains 1 or more priority resource concerns; or
(D) contains producers that need assistance in meeting or avoiding the need for a natural resource regulatory requirement that could have a negative impact on the economic scope of the agricultural operations within the area.
(3) Review and withdrawal
The Secretary may—
(A) review designations of critical conservation areas under this section not more frequently than once every 5 years; and
(B) withdraw designation of a critical conservation area only if the Secretary determines that the area is no longer a critical conservation area.
(4) Limitation
The Secretary may not designate more than 8 geographical areas as critical conservation areas under this section.
(d) Outreach to eligible partners and producers
The Secretary shall provide outreach and education to eligible partners and producers in critical conservation areas designated under this section to encourage the development of projects to address each priority resource concern identified by the Secretary for that critical conservation area.
(e) Administration
(1) In general
Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or program contract under this section in a manner that is consistent with the terms of the program.
(2) Relationship to existing activity
The Secretary shall, to the maximum extent practicable, ensure that eligible activities carried out in critical conservation areas designated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies.
(
Editorial Notes
Amendments
2018—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
"(C) would benefit from water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance;
"(D) would benefit from water quantity improvement, including improvement relating to—
"(i) groundwater, surface water, aquifer, or other water sources; or
"(ii) a need to promote water retention and flood prevention; or".
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (d).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(3).